[Editor's Note: For regulations of licenses issued by the Board of Health, see BH2-4, Retail Food Establishments; BH4-4, Food and Drink Vending Machines; BH6-2 and 6-3, Permits and Licenses for Construction of Individual Sewage Disposal Systems; BH7, Privies; and BH10, Public Recreational Bathing of the Board of Health Code. For licensing regulations concerning Bathing Pavilions and Bathhouses, see Section 9-3 of this Code.]
[Ord. #11-Code-655, § 1; Ord. #12-Code-674; amended 4-24-2019 by Ord. No. 19-Code-783]
[1]
Editor's Note: Prior history includes 1967 Code §§ 91-1
– 91-6 and Ordinance Nos. 126, 73-597, 76-68.
The purpose of this section is to prevent fraud, crime, undue
public annoyance and unethical and dishonest solicitation and canvassing
practices within the Borough of Oakland. All application fees to be
charged for the issuance of permits are not to be considered as revenue,
but are charges for the purpose of covering the expenses of administering
this section.
As used in this section, the following terms shall have the
meanings indicated:
Any natural person.
All goods, wares, food, drinks, fruits, vegetables, magazines,
subscription, periodicals, printed material, farm products, and all
type of articles of personal property, services and orders for contracts
for services, home improvements or alterations, and anything that
may be sold or distributed shall be considered "merchandise" for the
purposes of this section.
Any nonprofit charitable, religious, fraternal, social, civic
or veteran organization, service club, or other organization qualified
under Section 501(c)(3) of the Internal Revenue Code, or any volunteer
fire or first aid company serving the Borough of Oakland; or
Any nonprofit organization [whether or not qualified under Section
501(c)(3) of the Internal Revenue Code], located in the Borough of
Oakland, the primary purpose of which is to benefit the school-age
children of the Borough of Oakland, including but not limited to schools,
school clubs and organizations, Cub Scouts, Boy Scouts, Brownies,
Girl Scouts and similar youth groups.
Any person, whether a resident of the Borough of Oakland
or not, who goes from house to house or place to place by any means
of conveyance, carrying or transporting merchandise for the purpose
of selling and delivering the merchandise to customers. The term "peddler"
shall include the words "hawker" and "huckster" and shall also include
a person who from time to time offers merchandise for sale from one
or more fixed locations out of doors, when the merchandise is displayed
or stored in a motor vehicle located on the property, whether the
property is owned by that person or by others.
Means and includes any natural person, firm, partnership,
corporation, organization, club or association or any principal or
agent thereto.
An individual who goes from house to house or from place
to place by any means of conveyance, soliciting or attempting to take
orders for the sale of merchandise or services of any kind for future
performance or delivery, whether or not such individual has, carries
or exposes for sale a sample of the merchandise or services, and whether
or not he is collecting advance payments on such sales or orders,
or who engages in any of the foregoing activities from a stationary
location or any street or any public place. The word "solicitor" shall
also mean any individual who goes from house to house or from place
to place for the purpose of obtaining contributions or subscriptions,
or who does research analyses, makes surveys or opinion polls, obtains
rating data or similar information, distributes advertisements or
handbills of a commercial or partially commercial nature or who engages
in any similar work which involves a door-to-door or place-to-place
activity. The word "solicitor" shall also include the word "canvasser."
Any person who merchandises or sells with the intent to close
out or discontinue a business within a period of one year from the
date of commencement and occupies a room, building or other permanently
constructed premises for the purpose of selling merchandise. The words
"transient merchant" shall also include the words "itinerant vendor."
It shall be unlawful for any peddler, solicitor or transient
merchant to sell, offer for sale or distribute merchandise, printed
material or services within the Borough without first obtaining a
license from the Chief of Police by filing an application for license,
paying a license fee and obtaining said license.
Upon obtaining a license as hereinafter provided, a peddler,
solicitor or transient merchant may conduct his activities within
the Borough only as long as he adheres to the regulations set forth
in this section and carries the license upon his person or displays
the license in a conspicuous place at all times during the conduct
of his activities. The license shall identify the person and type
of activity for which he is licensed and shall be shown to any Borough
official, or police officer, or any individual upon request.
An application for license shall be made upon forms provided
by the Borough, including a New Jersey State Bureau of Identification
Form authorizing release of any criminal history record information.
The applicant may submit, in lieu of a criminal history record form,
a criminal history based upon fingerprints required in the past three
months preceding to this application, which shall be filed with the
Oakland Police Department and shall contain or be accompanied by the
following information:
a.
For solicitors and peddlers:
1.
Name, age, physical description and social security or federal I.D.
number of the applicant.
2.
Complete permanent home and local address of applicant together with
telephone numbers.
3.
Name and address of the organization or persons for whom canvassing
or soliciting is being made together with telephone numbers.
4.
Description of the nature of business or activity and the goods,
services or wares to be sold.
5.
Two recent photographs of the applicant which shall be approximately
2 1/2 by 2 1/2 inches in size and showing the head and shoulders
of the applicant in a clear and distinguishing manner.
6.
The days and dates upon which canvassing or soliciting is to take
place.
7.
A statement as to whether or not the applicant has been convicted
of a crime of the fourth degree or higher, a disorderly persons offense,
a petty disorderly persons offense, or a moving motor vehicle offense,
and, if so, the details thereof.
8.
The make, model, year, color and license plate number of such vehicle
used by the applicant during the period of canvassing or soliciting
within the Borough and the number of applicant's drivers license and
the state in which it is issued.
9.
The name and address of the insurance carrier and insurance policy
number with respect to such vehicle or vehicles.
10.
A list of municipalities where the applicant has ever engaged in
the activities of canvassing, peddling or soliciting, whether or not
a permit was applied for or received in connection therewith.
11.
A statement as to whether or not the applicant has been denied a
canvassing, peddling or soliciting permit and whether such permit
or licensee has ever been revoked.
12.
If the applicant is not an individual, the state in which it is registered
or incorporated, and the name and address of the registered agent.
13.
If the person applying is unable to provide any of the foregoing
information, an explanation shall be provided of the reasons why such
information is unavailable.
14.
Applications of corporations, partnerships or other entities shall
have attached to their applications individual statements containing
all of the information required by this subsection as to each employee
or agent who shall engage in the licensed activity; said statements
shall be signed and sworn to by each employee or agent and shall be
treated, for investigation purposes, as separate applications to engage
in a licensed activity. Applications by partnerships, corporations
or other entities shall be signed by an authorized representative
of the corporation, partnership or entity.
15.
All applicants shall submit the original or a certified copy of a
valid certificate of authority issued by the Director of the New Jersey
Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the
vendor to collect sales tax. Certificates shall not be required for
the sale of property exempted from sales and use taxation pursuant
to N.J.S.A. 54:32B-8.2. All vendors shall attach the original certificate
to their cart, stand, truck or other merchandising device, as required
by N.J.S.A. 54:32B-15.
16.
All applicants selling food items shall apply to the Board of Health
for a retail food license.
b.
For transient merchants:
1.
Name, age, physical description and social security or federal I.D.
number of the applicant.
2.
Complete permanent home and local address of applicant together with
telephone numbers.
3.
Description of the nature of the business or activity including the
average quantity, kind and value of the property to be sold.
4.
Two recent photographs of the applicant which shall be approximately
2 1/2 by 2 1/2 inches in size and showing the head and shoulders
of the applicant in a clear and distinguishing manner.
5.
The dates during which the business is to be conducted.
6.
The name and addresses of the persons from whom the goods making
up the stock were or are to be purchased by the applicant.
7.
A statement as to whether or not the applicant has been convicted
of a crime of the fourth degree or higher, a disorderly persons offense,
a petty disorderly persons offense, or a moving motor vehicle offense,
and, if so, the details thereof.
8.
A list of municipalities where the applicant has ever engaged in
transient merchandising, whether or not a permit was applied for or
received in connection therewith.
9.
A statement as to whether the applicant has ever been denied or had
revoked a transient merchant's license or permit.
10.
An instrument in accordance with N.J.S.A. 45:24-6 appointing the
Chief of Police as the applicant's true and lawful agent.
11.
If the applicant is not an individual, the state in which it is registered
or incorporated, and the name and address of the registered agent.
12.
If the person applying is unable to provide any of the foregoing
information, an explanation shall be provided of the reasons why such
information is unavailable.
13.
Applications of corporations, partnerships or other entities shall
have attached thereto individual statements containing all of the
information required by this subsection as to each employee or agent
who shall engage in the licensed activity, and said statements shall
be signed by each employee or agent. Applications by partnerships,
corporations or other entities shall be signed by an authorized representative
of the corporation, partnership or entity.
14.
All transient merchants are subject to the statutory requirements
set forth in N.J.S.A. 45:24-1 et seq., and shall be subject to the
penalties set forth therein in the event of a failure to comply with
any of said requirements.
15.
All applicants shall submit the original or a certified copy of a
valid certificate of authority issued by the Director of the New Jersey
Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the
vendor to collect sales tax. Certificates shall not be required for
the sale of property exempted from sales and use taxation pursuant
to N.J.S.A. 54:32B-8.2. All vendors shall attach the original certificate
to their cart, stand, truck or other merchandising device, as required
by N.J.S.A. 54:32B-15.
16.
All applicants selling food items shall apply to the Board of Health
for a retail food license.
a.
Following the filing of a complete application and payment of the license fee as set forth in Subsection 4-1.11 to the Chief of Police, who shall conduct such investigation of the applicant, which may include background checks of the business, responsibility and character of the applicant or any employee or agent who shall engage in the licensed activity, for the protection of the public good.
b.
If, as a result of such investigation, the character of business,
responsibility of the applicant or any employee or agent who shall
engage in the licensed activity is found to be unsatisfactory, the
Chief of Police shall endorse on such application his disapproval
and the reasons therefor. The Chief may disapprove an application
if such a disapproval is based on one or more of the following findings
with respect to the applicant:
1.
Conviction of a crime of the fourth degree or higher, a disorderly
persons offense, a petty disorderly persons offense, or a moving motor
vehicle offense.
2.
Previous fraudulent acts or conduct.
3.
Records of breaches of solicitation contracts.
4.
Fraud, misrepresentation or false statements contained in the application
for license.
5.
The applicant is currently a wanted person or has an active arrest
warrant.
c.
In the absence of such findings, the Chief of Police shall find the
applicant satisfactory and shall endorse his approval on the application.
d.
The Mayor and Council reserves the right to adopt such rules and
regulations governing the investigation by the Police Department in
the issuance of licenses pursuant to this section and the keeping
of records thereof as the Mayor and Council may deem necessary for
the proper enforcement of this section.
a.
If the applicant or any employee or agent who shall engage in the
licensed activity is found unsatisfactory by the Chief of Police,
and he endorses his disapproval upon the application, he shall notify
the applicant by mail that the application is disapproved and shall
deny issuance of the license. Such notice shall be mailed within five
working days following the endorsement of disapproval by the Chief
of Police.
b.
If the application is found to be satisfactory by the Chief of Police,
the Chief of Police shall issue a license addressed to the applicant
to conduct the business applied for. The license shall expire December
31 of the calendar year in which it is issued unless, by its terms,
it expires prior to that time, and shall be limited to the express
purpose set forth therein.
c.
If a license is issued, the applicant shall receive an identification
tag from the Records Clerk. The identification tag shall be worn by
the applicant in a conspicuous location while the applicant is engaged
in a licensed activity.
a.
Licenses may be revoked by the Chief of Police, or his designee,
for any of the following causes:
1.
Fraud, misrepresentation or false statements contained in the application
for license.
2.
Fraud, misrepresentation or false statement made in the course of
carrying out activities pursuant to the license.
3.
Violation of any provision of this section or violation of any municipal
ordinance.
4.
Conviction of a crime of the fourth degree or higher, a disorderly
persons offense, a petty disorderly persons offense, or a moving motor
vehicle offense.
5.
Conduct of the business of peddling or soliciting in an unlawful
manner or in such a manner as to constitute a breach of the peace
or constitute a menace or disturbance to the residents of the Borough.
6.
The applicant is currently a wanted person or has an active arrest
warrant.
b.
Notice of revocation shall be personally communicated to the licensee,
and thereafter it shall be unlawful for him or any of his employees
or agents to sell, offer for sale or distribute merchandise or services
in the Borough.
Any person aggrieved by the action of the Chief of Police in
the denial of an application for a license, or in the decision with
reference to revocation of a license, shall have the right to appeal
to the Mayor and Council. Such appeal shall be taken by filing with
the Borough Clerk, within 14 days after notice of the action complained
of has been mailed to such person's last known address, a written
statement setting forth fully the grounds for a hearing on such appeal.
The Mayor and Council shall set a time and place for hearing the appeal
and a notice of the hearing shall be given to the applicant. The decision
of the Mayor and Council on the appeal shall be final and conclusive.
It shall be unlawful for a person to:
a.
Attempt to peddle or distribute merchandise or printed material,
or solicit funds or canvass for information, without first having
identified himself as a peddler, solicitor, transient merchant or
canvasser registered with the Borough and display the license issued
therefor.
b.
Have exclusive right to any location on public property.
c.
Enter or attempt to enter the land of any resident in the Borough
where such resident has posted a legible and reasonably prominent
notice prohibiting such entry.
d.
Refuse to leave a private dwelling or property after having been
once requested to do so by the owner or occupant hereof.
e.
Distribute obscene merchandise or printed material that advocates
unlawful conduct.
f.
Litter the streets, public places or other property within the Borough
by any merchandise or printed material.
g.
Station, place, set up or maintain a cart, wagon, motor vehicle or
other vehicle, or allow it to remain on any sidewalk in a way that
would:
1.
Restrict, obstruct, interfere with or impede the pedestrian right-of-way;
2.
Restrict, obstruct, interfere with or impede the ingress or egress
from the abutting property;
3.
Create or become a nuisance;
4.
Increase traffic congestion, cause or increase traffic delay or hazard;
5.
Cause or create or constitute a danger to life, health or property.
h.
Solicit or offer to sell except between the hours of 10:00 a.m. and
8:00 p.m. Sunday through Saturday. The foregoing limitation shall
not apply to mobile food vendors or ice cream trucks which shall be
allowed to conduct business seven days a week from 6:00 a.m. to 9:00
p.m.
i.
Peddle using a cart of the dimensions of which exceed two feet in
width, four feet in length and four feet in height including wheel
height, while conducting business on any sidewalk.
j.
Use, set up, attach, place or permit the use of any table, crate,
carton, rack, device or structure of any kind to increase the selling
or display capacity of the peddler's cart.
k.
Station, place, set up or maintain a peddler's cart or allow it to
remain on any sidewalk if to do so would reduce the unobstructed pedestrian
right-of-way.
l.
Engage in the business of peddling within 10 feet of any location
where the curb has been depressed to facilitate pedestrian or vehicle
movement.
m.
Engage in the business of peddling on any sidewalk or along any street
within 15 feet of any fire hydrant, crosswalk or driveway.
n.
Station, place, set up or maintain a peddler's cart or goods against
display windows of fixed location businesses, nor shall they be within
20 feet from an entranceway to any building, store, theater, library,
school, museum, movie house, sports arena or other place of public
assembly.
o.
Engage in the business of peddling on any sidewalk or along any street
within 10 feet from intersecting streets or sidewalks.
p.
Engage in the business of peddling within 30 feet of any location
where another peddler is engaged in the business of peddling.
q.
Engage in the business of selling at any location without giving
a written receipt to each customer for any sale in excess of $20.
The receipt shall show clearly the seller's name, business address,
license number, a description of the merchandise sold, and the purchase
price, and shall be sequentially numbered. This provision shall not
be applicable to mobile food vendors and ice cream trucks.
r.
Engage in the business of peddling on any sidewalk or along any street
within 90 feet of a bus stop. For purpose of this subsection, the
words "bus stop" shall include the sidewalk and the adjoining street
where there is a designated bus stop.
s.
Sell food, drinks, ice cream, confections or other items for immediate
consumption unless the peddler has available for public use his litter
receptacle which shall be clearly marked and maintained for his patronage
use, nor shall any peddler leave any location without first picking
up, removing and disposing of any trash or refuse remaining from the
sales made by him, nor shall any person sell food, drinks, ice cream,
confections or other food items for consumption without having first
received any permit or license required by the Board of Health for
food handling.
t.
Leave any cart unattended at any time or place or leave the same
overnight on any sidewalk.
a.
Each application shall be accompanied by an application fee of $100
for each individual solicitor or peddler, to compensate the Borough
of Oakland for the cost of administering this section, and such fees
shall not be refunded for any reason.
b.
No license issued under this section shall be used at any time by
any person other than the person to whom it was issued.
c.
Where an organization has several agents peddling, soliciting, distributing
merchandise or printed material or services, or canvassing, each agent
shall pay the applicable application fee and shall be issued a separate
license.
The following persons are expressly exempt from the payment
of any application fees:
b.
Any person honorably discharged from the military service of the
United States, in conformity with N.J.S.A. 45:24-9 and 45:24-10.
c.
Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9
and 45:24-10, possessing corresponding identification, in conformity
with said statute.
d.
Any person holding a solicitation license or permit issued under
any legislation of the United States government or by a state agency
pursuant to statute.
This section shall not affect any of the following persons or
activities:
a.
Any person engaged in campaigning for any elected public office or
public question which is to be voted upon in the Borough at a general,
special, primary, or school board election; nor shall this section
apply to the distribution of circulars or advertising with respect
thereto.
b.
Any person engaged in the delivery, in the regular course of business,
of goods, wares, merchandise, or other articles of personal property
to the premises of persons ordering or otherwise entitled to receive
same.
c.
Any nonprofit organization, as defined in Subsection 4-1.2 of this section, engaged in the solicitation of funds for charitable purposes solely from its members.
d.
Any person engaged in the solicitation of funds for a nonprofit organization,
when solicitation occurs on premises owned or controlled by the person
soliciting funds or with the permission of the person who owns or
controls the premises.
e.
Federal census-taking and surveys taken pursuant to federal, state
or local laws.
f.
Any public utility, or its employees, which is subject to the regulation
of the State Board of Public Utility Commissioners; provided, however,
that such employees shall display the identification badge or card
issued by the employer.
g.
Children enrolled in public and private elementary and secondary
schools in the Borough of Oakland, including children peddling or
soliciting for schools, school clubs and organizations, Cub Scouts,
Boy Scouts, Brownies, Girl Scouts and similar youth groups.
h.
Any person engaged in the solicitation of funds for a Borough of
Oakland fire company, first aid squad or police department.
All applications filed with the Chief of Police, whether or
not a permit has been issued, shall be a public record and shall be
available for public inspection during regular office hours.
a.
For the purpose of protecting residents from criminal activities
and safeguarding their privacy, there is hereby established a No-Knock
Registry of properties where canvassing and soliciting are prohibited.
The No-Knock Registry shall be maintained by the Oakland Police Department.
b.
The Police Department shall prepare a list of addresses of those
premises whose owners or occupants have notified the Police Department
that canvassing or soliciting are not permitted on their premises.
Notification shall be by the completion of a form, available online
and at the Police Department during normal business hours. The premises
shall remain on the registry unless the owners or occupants notify
the Police Department, in writing, that they wish the property to
be removed from the registry. The Police Department shall update the
list monthly. The inclusion of a premises on the registry shall be
deemed a revocation of any privilege or license to enter or attempt
to enter the property.
c.
Notice.
1.
Owners or occupants who have requested to be listed on the Oakland No-Knock Registry pursuant to Subsection a herein may procure from the Police Department a notice for display on the premises indicating the enlistment on the Oakland No-Knock Registry. The notice shall indicate which solicitors may contact the residents and shall read substantially as follows:
|
"These premises are listed on the Borough of Oakland's No-Knock Registry (Oakland Code Sec. 4-1.16). You may not enter or attempt to enter these premises for the purpose of canvassing or soliciting, which includes offering to purchase real estate on behalf of any person or organization. Non-profit and political organizations are exempt from this law. Violation of Oakland Code § 4-1.16 may result in a fine of up to $1,250 and/or up to 90 days community service."
|
2.
This notice shall be prominently displayed on the owner's or occupant's
door or adjacent to the door.
d.
The first notice shall be provided free of charge and may be picked
up in person during regular business hours. If a replacement notice
is required, the individual may pick up the replacement notice at
the Police Department for a fee of $5, which shall be payable to the
Borough of Oakland. A fee of an additional $1 per notice will be applied
for any individual who desires to have a notice mailed to him or her,
payable to the Borough of Oakland. Pursuant to N.J.S.A. 2C: 18-3,
"any owner or occupant who has listed his or her premises on this
registry shall be deemed to have revoked any express or implied legal
privilege or license to enter or attempt to enter the premises."
e.
The Police Department shall distribute the current Oakland No-Knock
Registry to a licensed canvasser or solicitor at the time of issuance
of a license.
f.
Although the most current list of registrants on the Oakland No-Knock
Registry shall be provided by the Police Department, it is the responsibility
of the canvasser or solicitor to have the most up-to-date list prior
to engaging in any canvassing or soliciting.
g.
Any person convicted of violating this section upon competent evidence
by an owner, occupant or other person with personal knowledge of such
violation shall be subject to the following:
1.
First offense: a minimum fine of $100 with a maximum of up to $750;
2.
Subsequent offense: a minimum fine of $100 with a maximum of up to
$1,250 for each offense, together with community service for a period
of up to 90 days; and
3.
Any offense: in addition to the above, a permanent revocation of
any license issued under the within section.
h.
The Borough shall post a No-Knock Registry application on the Borough
webpage and distribute to other media outlets as designated by the
Borough. The Borough shall provide copies of the application to the
public and undertake reasonable efforts in education and distribution
in order to further public awareness of the No-Knock Registry.
i.
This section does not preclude an owner or occupant from filing any
other appropriate complaint with the Oakland Police Department, including
a complaint for trespass.
[1967 Code § 3A-1; Ord. #78-716]
The purpose of this section is to provide for the establishment
and maintenance of an efficient, effective and uniform police and
fire alarm system within the Borough and to provide standards and
regulations for alarm equipment, devices or systems to be installed
or connected with or to the police panel alarm system at police headquarters
in Oakland or otherwise installed or connected so as to elicit a response
by the Police Department or, through the Police Department, the Fire
Department or other municipal agency.
[1967 Code § 3A-2; Ord. #78-716]
The provisions of this section shall apply to any person who
installs, connects, operates, maintains, services or owns any alarm
equipment, device or system, including dial and local alarms, designed
to summon the Police Department or, through the Police Department,
the Fire Department or other municipal agency to any location within
the Borough in response to any type of signal, alarm or preprogrammed,
prerecorded message.
[1967 Code § 3A-3; Ord. #78-716]
As used in this section:
Shall mean the Mayor and Council of the Borough.
Shall mean the license issued by the Borough Clerk to install
and connect and to operate, control and maintain the police panel
alarm system and to make all subscriber installations and connections
thereto.
Shall mean any type of equipment device or system, preprogrammed
or automatic, using telephone wires to transmit any alarm, message,
signal or report directly through or to the Police Department switch
board for the purpose of summoning the Police Department or, through
the Police Department, the Fire Department or other municipal agency
to any location within the Borough in response thereto.
Shall mean the license issued by the Chief of Police permitting
a person to engage in, manage, conduct or carry on the business of
installing, leasing, connecting, maintaining, servicing, repairing,
arranging, adjusting, replacing, moving and programming, in any building,
place or premises in the Borough, any alarm, equipment or device designed
to summon the Police Department or, through the Police Department,
the Fire Department or other municipal agency.
Shall mean any type of equipment, device or system which,
when actuated, produces a signal or alarm not connected to the police
panel alarm system, such as a store, burglar or intrusion alarm actuating
a bell, horn or other sounding device, for the purpose of summoning
the Police Department or, through the Police Department, the Fire
Department or other municipal agency to the location thereof and in
response thereto.
Shall mean and include any natural person, partnership, firm,
corporation or association.
Shall mean that system giving a visual or audio response,
or both, on the control panel of the police console located within
the confines of the Police Department of the Borough, monitored by
the Police Department and which includes the subscriber modules, the
control modules, the control cabinets, the energy pack and all necessary
and accessory equipment, wires and connections therein and thereto.
[1967 Code § 3A-4; Ord. #78-716]
There is hereby established within the Borough a police panel
alarm system common annunciator license, hereinafter referred to as
the "common annunciator license," which shall be granted by the Borough
Council.
a.
The recipient or holder of the license, hereinafter referred to as
the "common annunciator licensee," shall have exclusive use and control
of the police panel alarm system, except for the use by the Police
Department of the Borough, and shall make, in accordance with the
provisions of this section and the rules and regulations adopted hereunder,
all installations and connections of such police alarm equipment,
device or system to the police panel alarm system in Police Headquarters
as may be inspected and approved by the Chief of Police of the Borough
and for which a permit shall have been issued.
b.
The common annunciator licensee shall be required to furnish, supply
and provide all necessary materials, equipment and labor in accordance
with plans and specifications prescribed by the Chief of Police and
approved by the Borough Council for the completion of installation
in Police Headquarters of a police alarm system which shall include
for present and future subscribers installation and connections thereto,
no less than 200 alarm controls together with the necessary control
cabinets and modules, junction boxes, alarm system panels, cables,
necessary relays and standby power system and all other accessory
equipment and connections related thereto, and said licensee shall
be responsible for the maintenance, operation, installation and connection
of and to the same, all at no cost to the Borough.
c.
The common annunciator licensee shall assume all liability and agree
to indemnify and save harmless the Borough, its agents, servants and
employees, including the Police Department, for any acts in connection
with the installation, connection, operation and maintenance of the
police panel alarm system and the installation and connections thereto
and, in conjunction therewith, shall furnish annually to the Borough
Clerk an insurance certificate indicating liability coverage in an
amount of not less than $500,000.
d.
The common annunciator licensee shall post and keep posted during
the term of the license with the Borough Clerk a performance bond
or other security satisfactory to the Borough in the amount of $5,000,
noncancelable without notification to the Borough Council and in a
form satisfactory to the Council, guaranteeing performance of the
obligations of the licensee and shall also furnish to the Borough
Clerk satisfactory evidence of insurance covering the police panel
alarm system apparatus equipment and materials, installed and connected
by the licensee during the period or term of the license.
e.
The common annunciator licensee for the police panel alarm system
shall be permitted to charge new subscribers thereto a maximum connection
fee of $_____ and existing subscribers a maximum connection fee of
$_____ both of which fees shall be one-time nonrecurring charges,
and no other fee shall be charged by the licensee.[1]
[1]
Editor's Note: The above fee amounts and license term were
not included in the original copy of this ordinance. This information
is on file in the Borough Clerk's office.
f.
The common annunciator license shall be granted or issued by the
Borough Council after public advertisement for bids and bidding therefor,
taking into consideration the qualifications, ability, experience,
financial and other references, responsibility and location of the
applicant for the license, as well as the proposed services and protection
offered to the Borough and subscribers to the police panel alarm system,
the amount of fees to be charged to such subscribers and the recommendations
of the Chief of Police and selecting the bid proposal most advantageous
both to the subscribers and the Borough.
g.
Except as hereinafter provided, the common annunciator license issued
hereunder shall be for a term of _____ years[2] from the date of approval and issuance by the Borough
Council and shall be subject to the terms and conditions of this section
and the rules and regulations promulgated and adopted pursuant to
this section.
[2]
Editor's Note: The above fee amounts and license term were
not included in the original copy of this ordinance. This information
is on file in the Borough Clerk's office.
[1967 Code § 3A-5; Ord. #78-716]
a.
No person shall install, connect or maintain, or cause to be installed,
connected or maintained, any police alarm equipment device or system
in or to the Police Headquarters in the Borough for the purpose of
transmitting a signal or alarm or reporting a signal, alarm or prerecorded
message to the attention of the Police Department for the purpose
of summoning the Police Department or, through the Police Department,
the Fire Department or other municipal agency in response thereto
or obtaining some response thereto without first having made application
and having been issued a permit therefor in accordance with the provisions
of this section and the rules, regulations and procedures hereinafter
established and provided hereunder.
b.
No person shall install, connect, operate, maintain, service or own,
or cause to be installed or connected, operated, maintained, serviced
or owned, any dial alarm equipment, device or system designed to summon
the Police Department or, through the Police Department, the Fire
Department or other municipal agency of the Borough to any location
within the Borough in response to any type of signal, alarm, prerecorded
or preprogrammed message, report or other transmission over the telephone
wires without first having registered and obtained a permit therefor
in accordance with the provisions of this section and the rules, regulations
and procedures hereinafter established and provided hereunder.
c.
No person shall install, connect or maintain, or cause to be installed,
connected or maintained, any local alarm, without first having registered
the same with the Chief of Police as hereinafter provided.
d.
This section shall also apply to all persons having installed, connected
and maintained any police, burglar, fire, dial, telephone, local,
automatic, emergency or other alarm equipment, device or system covered
or included in this section prior to the effective date hereof.
[1967 Code § 3A-6; Ord. #78-716]
a.
All applications for the issuance of a permit required under this
section shall be made in writing to the Chief of Police on a form
provided therefor and shall be accompanied by an application and a
processing fee of $12.
b.
The application, among other information which may be required or
prescribed by the Chief of Police, shall contain the name, address
and telephone number of the applicant; the name, address and telephone
number of each of the premises and customers or persons to be served
by the proposed installation or connection; the location of the device,
alarm equipment or system; the name of the installer; the type of
device, alarm equipment or system provisions relating to false alarms
and testing procedures; and a list of persons to be contacted in the
event of an alarm.
c.
Upon application for a permit the Chief of Police shall cause an
investigation and records to be made and, thereafter, provided that
the applicant has complied with all of the terms of this section and
the rules and regulations made, promulgated and adopted pursuant hereto,
shall issue the permit.
d.
Permit fees for present subscribers to the existing alarm system
shall be waived.
[1967 Code § 3A-7; Ord. #78-716]
No permit shall be granted except upon the following terms and
conditions:
a.
The applicant shall furnish and complete all information required
relating to the application and the alarm, equipment, device or system
to be installed or connected and data relating to prevention of false
alarms and testing procedures.
b.
No person other than applicant and his agent and employees shall
exercise the privileges under the permit.
c.
The applicant shall maintain his equipment in good condition and
repair.
d.
No permit shall be transferred or assigned in any manner.
e.
The permit is accepted upon the express condition that the permittee
shall indemnify and hold the Borough harmless from and on account
of any and all damages arising out of the activities of the permittee,
its alarm contractor or the common annunciator licensee of the Borough.
f.
Each separate building, store, premises, place or location shall
require a separate permit and a separate installation or connection
to the police panel alarm system.
g.
The applicant or permittee, upon acceptance of such permit, thereby
agrees to hold and save harmless the borough, its agents or employees
from any liability whatsoever in connection with any such alarm, equipment,
device or system or the operation and maintenance of the same, which
shall be the sole responsibility of the person having had the same
installed or connected.
[1967 Code § 3A-8; Ord. #78-716]
a.
Any permit issued under the provisions of this section may be suspended
or revoked by the Chief of Police for any violation of or failure
to comply with the provisions of this section or any rule or regulation
promulgated by the Chief of Police and approved by the Borough Council
pursuant to this section, including the following:
1.
The permittee, his agent or employee willfully failed to and did
not comply with a request by a member of the Police Department to
proceed immediately to the location of permittee's alarm and render
necessary services.
2.
The permittee, his agents or employees knowingly installed or maintained
a faulty alarm device. An inordinate number of false alarms shall
be prima facie evidence that such alarm device is knowingly a faulty
device.
3.
The permittee has breached the terms and conditions of the permit.
b.
No permit shall be revoked or suspended without giving the permittee
30 days' notice in writing of such action and an opportunity to show
cause before the Chief of Police why such action should not be taken.
Any person aggrieved by the action or determination of the Chief of
Police in the denial of a permit or in the suspension or revocation
of any permit provided for in this section may appeal to the Borough
Council.
[1967 Code § 3A-9; Ord. #78-716]
No permit shall be issued for the installation, connection,
operation, maintenance, service or ownership of any dial alarm, equipment
or device covered by the terms of this section, unless the dial alarm
complies with the Bell Telephone Company's standards and the permittee
complies with the provisions of this section and the rules and regulations
promulgated and adopted hereunder.
[1967 Code § 3A-10; Ord. #78-716]
All local devices, alarms, equipment or systems shall be registered
with the Chief of Police, and all information required with respect
to such registration shall be provided and kept current by the applicant
or registrant, and no fee shall be required therefor.
[1967 Code § 3A-11; Ord. #78-716]
a.
The Borough shall be under no duty or obligation to any permittee
hereunder, the common annunciator licensee or any other licensee hereunder,
for any of the police panel alarm system equipment or any other equipment
device or system connected thereto, the same being maintained at will
and subject to termination at any time by cancellation of the system
by resolution duly adopted by the Council of the Borough. However,
the common annunciator license herein shall not be revoked except
upon good cause by the Borough Council, and any individual permit
or license issued hereunder may be revoked at any time by the Chief
of Police as hereinabove provided.
b.
Notwithstanding payment of any fees and/or the receiving or issuance
of any permit or registration as herein required, shall the Police
Department of the Borough be under any obligation whatsoever concerning
the installation or connection or adequacy, operation or maintenance
of the alarm, equipment, device or system so installed or connected,
and the Borough and its authorized agents hereby assume no liability
whatsoever for any failure of such alarm, equipment, device or system,
failure to respond to any such alarm or transmittals or for any act
of omission or commission as a result of any such alarm equipment,
device or system; and the obligation for the maintenance and upkeep
of such alarm equipment, device and system, except for the equipment
installed in Police Headquarters shall be the sole responsibility
of the person having had the same installed or connected.
[1967 Code § 3A-12; Ord. #78-716]
For the equipment, device and systems installed or connected
within the Borough, the permittee shall pay whatever charges are required
by any alarm company making such installation and, in addition thereto,
the permit fee hereinbefore provided and such connection and installation
charges by the common annunciator licensee also hereinabove provided
for in the event of installation and connection to the police panel
alarm system.
[1967 Code § 3A-13; Ord. #78-716]
a.
In the case of a false alarm, any person having knowledge thereof
shall immediately notify the Police Department in a manner to be prescribed
by rules and regulations herein made and provided. In addition, in
the case of a false alarm, the Chief of Police shall cause an investigation
to be made and shall keep a record of the alarms on file. For such
false alarms, the Council prescribes the following penalties: For
the first and second false alarm in any given calendar year, a warning
shall be issued; for the third false alarm in the same calendar year,
a fine of $15 shall be paid to the Borough; and for the fourth false
alarm a fine of $25 shall be paid to the Borough. A bill will be submitted
by the Chief of Police to the permittee, who shall pay the fine directly
to the Borough Treasurer. Where the investigation of the Police Department
discloses continued abuse of the privilege of connection to the police
panel alarm system and a disregard of the permittee for taking remedial
steps to avoid false alarms, the Borough Council reserves the right
to require disconnection from the police panel alarm system for a
limited or permanent time, provided that no such permits shall be
revoked or suspended without giving the permittee an opportunity to
show cause before the Chief of Police why such action should not be
taken.
b.
The permittee shall take all necessary steps to immediately ascertain
the cause of any false alarm and shall alleviate the problem within
72 hours or show cause before the Chief of Police why the malfunction
cannot be remedied within that time period. The Chief shall have the
discretion to grant an additional period of time within which to make
the repair.
[1967 Code § 3A-14; Ord. #78-716]
Any unauthorized equipment may be disconnected by the Chief
of Police or his designated representative for noncompliance with
this section, and any person installing or maintaining unauthorized
equipment shall be prosecuted for violation of this section, and each
and every day the equipment is in operation shall be considered a
separate violation. Any permittee shall, by acceptance of the permit,
be deemed to have consented to inspection of the premises on which
the alarm devices are installed at reasonable hours by the Chief of
Police or his designated representative.
[1967 Code § 3A-15; Ord. #78-716]
a.
No person shall engage in, manage, conduct or carry on the business
of installing, leasing, connecting, maintaining, servicing, repairing,
arranging, adjusting, altering, replacing, moving or programming,
in or on any building, place or premises in the Borough, any police,
fire, burglar, dial, telephone, local or automatic alarm equipment,
device or system which is equipped to report to or to attract the
attention of the Police Department or Fire Department in order to
secure a response thereto, without first having applied for and received
from the Chief of Police of the Borough an annual license therefor.
b.
Upon the initial filing of an application for an installer's license
hereinabove referred to the applicant shall pay to the Borough Police
Department a fee of $50 to defray the costs of investigation, inspections,
maintaining records and other administrative expenses. Each year thereafter,
the installer's license may be renewed upon the request of the licensee
at an annual renewal fee of $10. All installer's licenses hereunder
shall expire on December 31 of the year in which issued, and all licenses
for renewal thereof must be submitted in writing to the Chief of Police
on or before January 31 of the succeeding year, together with the
aforesaid renewal fee.
c.
Upon filing an application for a license, the applicant shall complete
a form provided therefor by the Chief of Police, which form shall
include the name, address and telephone number of the applicant, the
name and type of equipment, device or system to be installed and utilized,
the brand name or manufacturer of the same, the serial number of such
equipment, device or system; the person from whom the same was purchased;
the nature of installation; the method of operation; the location
of installation and such other information as may be required under
the rules and regulations promulgated by the Chief of Police.
d.
The Police Chief shall cause an investigation to be made of the applicant
for an installer's license to determine the qualifications, responsibility
and reliability of such applicant and the quality and reliability
of equipment, devices or systems to be installed or connected by said
installer, as well as the liability of such installer to comply with
the rules and regulations to be made and promulgated by the Police
Chief and adopted by the Borough Council.
e.
The installer licensee hereunder shall be required to maintain complete
and accurate records of each and every such alarm equipment, device
or system installed, connected, maintained, leased or serviced within
the Borough and shall notify the Police Chief of the same, and all
installations, connections and all alarm equipment, devices and systems
shall conform to the rules and regulations made and provided herein
by the Police Chief and approved by the Council.
[1967 Code § 3A-16; Ord. #78-716]
a.
The Chief of Police may make, prescribe and promulgate supplementary
rules and regulations for the installation and connection of alarm
equipment, devices or systems covered by the terms of this section
and for the performance, maintenance and operation of same as may
be reasonably necessary to fulfill the purposes of this section.
b.
Such rules and regulations shall be made, prescribed and promulgated
to sufficiently promote and ensure an effective and uniform police
and fire alarm system and proper installation and connection; to provide
for maintenance of records and efficient management of the alarm system,
the speedy and accurate operation and reporting of alarms, minimizing
of mechanical failure, minimizing of false alarms and the consequential
dangers of same to citizens of the Borough; to provide for the proper
monitoring of alarms and prompt response to such alarms; and to prevent
jamming of the switchboard and the creation of nuisances or other
interference or hindrance with the proper operation of duties of the
Police Department and dispatchers.
c.
The rules and regulations and all changes thereto shall be subject
to the approval of the Borough Council.
d.
The rules and regulations shall be in writing and shall be given
to each permittee or licensee at the time of the application for or
issuance of the permit or license or at the time of the promulgation
or amendment of such rules and regulations.
[Ord. #42; 1967 Code § 77-1]
It shall be unlawful for any person, club, corporation or association
to hold a dance or any entertainment of which dancing is a part, and
for which tickets are sold or admission charged, unless a permit is
obtained from the Borough Clerk for such purpose.
[Ord. #42; 1967 Code § 77-2]
A policeman of the Borough must be in attendance at all such
dances or entertainments.
[Ord. #42; 1967 Code § 77-3]
No such dances or entertainments shall be held on Sunday.
[Ord. #42; Ord. #66-372A-431; 1967 Code § 77-4]
The application for such permit shall be made in writing to
the Borough Clerk at least one week prior to the planned event, which
application shall set forth the location of the place where such dance
or entertainment is to be held and the person, club or corporation
intending to conduct the same. A fee of $5 shall accompany the application.
The Borough Clerk shall consider the application to be reviewed by
the Chief of Police who shall thereupon designate the necessary policemen
to be in attendance. In all cases the number of special policemen
to be in attendance at such dance or entertainment shall be determined
by the Chief of Police based upon the estimated attendance thereat
and the necessity of traffic control. The applicant shall pay for
the services of such special policemen at the rate paid by the Borough
to special policemen. The fee of $5 shall be waived in those instances
where the dance is being sponsored by nonprofit organizations, religious
and fraternal groups, civic associations, bona fide clubs and societies
where the proceeds from the occasion are devoted to charity or to
the general purposes of the organization. When the aforesaid arrangements
have been made by the Chief of Police the application shall be returned
to the Borough Clerk, the permit shall be issued provided, however,
that in no case shall permits be issued for the same premises so as
to permit more than two dances during any given calendar week.
[Ord. #42; Ord. #66-372A-431; 1967 Code § 77-5]
All buildings, grounds, pavilions, patios or areas in the Borough used as places for dancing or any entertainment of which dancing is a part thereof and for which tickets are sold or additional admission or other fees charged for attendance at the dance or entertainment irrespective of whether or not admission is charged for entrance to the premises or other portion of the tract upon which the dance or entertainment is to be conducted shall be licensed. Application to the Borough Clerk for such license shall be made in writing designating the location of such dance hall and the person, club, corporation or association intending to conduct the same, accompanied by the license fee of $25 per year. Thereupon the Borough Clerk shall issue a license. The license shall be exhibited at all times and in a conspicuous place in the dance hall. Notwithstanding the issuance of a dance hall license, a separate permit shall be issued for each and every dance or entertainment event conducted on the licensed premises in accordance with the procedures set forth in subsection 4-4.4.
[Ord. #09-Code-611; Ord. #10-Code-622, § I; amended 9-25-2019 by Ord. No. 19-Code-790]
[1]
Editor's Note: Prior ordinance history includes portions of
1967 Code §§ 98-1 - 98-12 and Ordinance Nos. 77-699,
81-931, 91-Code-226 and OO-Code-389.
To establish rules and regulations, pursuant to N.J.S.A. 40:48-2.49
et seq. and N.J.S.A. 56:13-7 et seq., in order to protect the property
of and persons who operate a motor vehicle inside the Borough as well
as to further promote the free flow of traffic in the Borough, it
is desirable and necessary to adopt this section to ensure proper
licensing, availability and other controls over persons and firms
providing wrecker services at police request.
The provisions of this section shall apply to those businesses
that engage in towing and storage of motor vehicles for the Borough
of Oakland in accordance with this section.
As used in this section, the following terms shall have the
meanings indicated:
A motor vehicle which the owner or operator leaves on a public
roadway and fails to notify the police or does not attempt to repair
and remove the same within a reasonable period of time.
A granulated or powdered substance used to soak up fluids
used in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
A motor vehicle which has been involved in an accident.
The cleanup and removal of small quantities of fluids used
in the operation of a motor vehicle which leak onto the ground.
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street or other public or private property.
The municipal boundaries of Oakland and all land within.
The highest ranking sworn officer within the Oakland Police
Department.
The operation of a tow truck in and upon a roadway within
the Borough of Oakland to solicit vehicle towing and/or storage business
except in response to a police request.
Any motor vehicle which is unable to operate under its own
power.
The towing of any motor vehicle over 10,000 pounds and above
gross vehicle weight.
A tow truck with dual rear wheels and air brakes capable
of towing and wheel lifting large vehicles damage-free and which meets
the following minimum requirements:
The storage of a motor vehicle upon the order of the Police
Department at either the towing operator's storage area or at a Borough
facility as a result of abandonment, involvement in an accident, suspected
criminal activity and/or any violation of Title 39 of the New Jersey
Statutes or municipal ordinances.
Any wrecker/tow vehicle licensed pursuant to the provisions
of this section.
Any person, firm, partnership, association, corporation,
company or organization of any kind that has been issued a license
by the Borough, pursuant to this section, to provide wrecker/towing
services to the Borough.
The towing of any motor vehicle up to 10,000 pounds gross
vehicle weight.
Distance in miles that a tow vehicle travels while towing
a vehicle.
A vehicle carrier equipped with a wheel lift and roll back/tilt
bed with dual wheels capable of removing and transporting small trucks,
full-size vans or large passenger cars damage-free and which meets
the following minimum requirements:
The towing of any motor vehicle 10,000 pounds to 16,000 pounds
gross vehicle weight.
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks damage-free and which meets the following minimum
requirements:
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards. Motor vehicle includes commercial motor vehicles
as defined in N.J.S.A. 39:1-1.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicles, regardless of the reason for the
tow.
That care which is normally used to protect a motor vehicle
from further damage, including, but not limited to, the use of tarps
for environmental protection and security protection for storage areas.
Any motor vehicle storage facility that is not located within
an enclosed structure and that conforms to the following minimum standards:
The entire outside storage area shall be enclosed by a fence
of sturdy construction at least eight feet high which may include
one foot of barbed wire, with at least one lockable gate for ingress
and egress, in accordance with Oakland local zoning regulations. In
the event the licensee is from another town, their local zoning laws
shall take precedence.
All entry points shall have a locking device.
The area shall have adequate lighting to protect stored vehicles
from vandalism.
The towing operator shall submit proof that he owns or leases
an area, for the storage of a minimum of 20 vehicles, within a fifteen-minute
response time to any call for towing or service within the Borough
of Oakland. Said proof shall include the deed or deeds to the property
or the leases to the same. The minimum storage area shall be exclusive
of any other obligations on the part of the towing operator.
A person, firm, corporation or partnership who owns and/or
operates a motor vehicle on the roads within the Borough of Oakland.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Borough of Oakland Police Department.
The licensed place of business of the towing operator. The
towing operator shall maintain a place of business where trucks, in
response to police requests, are normally kept. The impound area shall
be located adjacent to, or be part of, the principal location and
shall comply with the local zoning ordinances. The principal location
must be staffed during business hours and shall maintain a clean,
comfortable waiting area with toilet facilities and an accessible
phone for use by patrons. Current tow operations grandfathered into
this.
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a motor vehicle that is parked
illegally, parked during a time at which such parking is not permitted,
or otherwise parked without authorization, or the immobilization of
or preparation for moving or removing of such motor vehicle, for which
a service charge is made, either directly or indirectly. This term
shall not include the towing of a motor vehicle that has been abandoned
on private property in violation of Section 1 of P.L. 1967, c. 305
(N.J.S.A. 39:4-56.5), provided that the abandoned vehicle is reported
to the appropriate law enforcement agency prior to removal and the
vehicle is removed in accordance with Section 1 of P.L. 1973, c. 137
(N.J.S.A. 39:4-56.6).
The procedure in which the tow operator applies his knowledge
in a skillful manner to preserve the condition of the motor vehicle
while moving the vehicle to a towable position; can be achieved by
several actions that may include but are not limited to winching and
rigging.
The list of towers prepared by the Chief of Police from which,
each month, the on-duty tower for the month is designated.
Any twenty-four-hour day or any portion thereof, with a new
day beginning at 12:00 midnight.
The storage and/or holding of vehicles indoors or outdoors
by a licensee under the authority of this section.
The moving or removing, from public or private property or
from a storage facility, by a motor vehicle of a motor vehicle that
is damaged as a result of an accident or otherwise disabled, is recovered
after being stolen, or is parked illegally or otherwise without authorization,
parked during a time at which such parking is not permitted, or otherwise
parked without authorization, or the immobilization of or preparation
for moving or removing of such motor vehicle, for which a service
charge is made, either directly or indirectly. Dues or other charges
of clubs or associations which provide towing services to club or
association members shall not be considered a service charge for purposes
of this definition.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
Any vehicle towed by a licensed tower pursuant to this section
that is left unclaimed for a period in excess of seven calendar days.
The distance in miles traveled by a tow vehicle to a disabled
vehicle or the distance in miles traveled by a tow vehicle after dropping
off a vehicle out of town at the customer's request.
Every device in or upon or by which a person or property
is or may be transported upon a highway.
Additional time that a tow operator spends at the scene,
other than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to emergency medical
services (EMS) which must be performed and/or police investigations.
The process of moving a motor vehicle, by the use of a cable,
from a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional
tow sling.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying, recovering or removing
any and all kinds of motor vehicles which are unable to be and actually
are not operated under their own power from any vehicle(s) which the
Police Department has ordered to be impounded. A tow vehicle must
be manufactured by a tow-truck manufacturer that is nationally recognized
by the towing industry.
a.
Towing operators meeting the qualifications set forth below shall
submit an application, in writing, to the Police Department to be
considered for placement on a rotating list of towing operators. There
shall be a maximum of two towers on the list per year. In establishing
the list, first consideration shall be given to those persons or firms
who are presently utilized by the Police Department for this service.
b.
All applicants for a towing license, in order for the application
to be deemed complete, must provide the following:
1.
The complete legal business name, business address, principal location
address and Department of Transportation (DOT) number.
2.
The complete home address, home telephone number, date of birth and
social security number of the applicant, if a sole proprietorship,
or the complete home addresses, home telephone numbers, dates of birth
and social security numbers of the principal officers and/or partners
if the licensee is a corporation or partnership.
3.
Photocopies of all registrations of every tow vehicle to be operated
by the applicant. If the tow vehicle is leased, the applicant is required
to submit a copy of the lease agreement.
4.
The names, addresses and telephone numbers of any persons possessing
any liens and/or encumbrances on the principal location.
5.
The name, address and telephone number of the applicant's insurance
carrier and photocopies of each certificate of insurance issued by
the carrier.
6.
Photocopies of all towing vehicle operators' current driver's licenses,
along with their social security numbers.
7.
Evidence demonstrating that the applicant has at least five years
of personal experience in the field of towing and storing of vehicles.
8.
Proof that the applicant has a principal location within a five-mile
radius of the center of the Borough of Oakland.
9.
Proof that the applicant's principal location meets all zoning requirements
applicable to the jurisdiction in which it is located.
10.
Proof that the applicant can guarantee a fifteen-minute response
time on all calls with the exception of delays caused by unexpected
traffic or unusual conditions.
11.
The applicant shall provide an affidavit that the information given
in the application is true and correct.
12.
The applicant shall provide an agreement that, upon issuance of a
license, the licensee shall indemnify and hold harmless the Borough
of Oakland, its agents, servants and/or employees from and against
all claims of a third party relating to the towing and/or storage
service of the licensee.
13.
Application will be processed according to the order in which they
were filed with the Police Department.
a.
Applications received by the Police Department shall be provided
to the Chief of Police within five business days of receipt. The Chief
of Police or his designee shall initiate an investigation to be made
of the applicant and of its proposed business operation and shall
perform inspections of the vehicles to be licensed.
b.
As part of the Chief of Police's investigation of the license application,
a criminal background check, including submission of fingerprints
or other identifying information to the State Bureau of Identification,
and driver's abstract will be performed on all persons listed in the
application.
c.
The licensee and all employees must be trustworthy in that the licensee
must safeguard vehicles and personal property belonging to others
as well as secure and protect evidence when a vehicle is impounded
by the police due to an accident investigation or criminal activity.
Therefore, to protect the public interest, the Borough may disqualify
any applicant wherein an employee, owner, principal, agent and/or
officer has been convicted of a crime involving moral turpitude or
excessive moving violations or a substantial violation under this
section.
d.
The Chief of Police shall, within 30 days after the receipt of the
completed application, complete the investigation and inspection and
submit a written report to the Borough Clerk. The report shall include
recommendations that the applicant be accepted or denied.
e.
The licensee shall notify the Police Department in writing of any
criminal charges, motor vehicle offenses or ordinance violations that
are issued against the licensee or its employees during the term of
the license. Failure to make the proper notification to the Police
Department may result in the revocation of the license.
a.
Upon written notification by the Chief of Police to the Borough Clerk
that an application has been reviewed and the police investigation
has been completed, the Borough Council shall, at a public meeting,
consider the issuance of a license.
b.
Upon approval by the Borough Council, the Police Department of the
Borough of Oakland shall issue a license to the licensee pursuant
to this section.
c.
All towing licenses will be issued for a period of one year beginning
January 1 of each year and expiring on December 31. Applications for
license and license renewal are to be completed and returned to the
Police Department by September 1 of each year for a license for the
following calendar year. Licenses or renewals filed after September
1 will not be accepted for the following calendar year.
d.
The annual license fee shall be $500.
e.
Licenses are the property of the Borough of Oakland and may not,
under any circumstances, be assigned, leased, shared, transferred
or sold to another person, corporation or proprietorship.
f.
Upon the issuance of the license, the licensee may, during the term
of the license, advertise and place on his equipment that the licensee
is an authorized police tower for the Borough of Oakland.
a.
The towing operator must be able to provide 24 hours a day, seven
days a week, towing services for the Borough, on a rotating basis,
at the direction of the Chief of Police or his designee.
b.
The Chief of Police or his designee shall establish a monthly rotating
list. A tower that wishes to change his assigned month due to vacation
or conflict may do so with the approval of the Chief of Police or
his designee.
c.
The on-duty tower shall be called for the removal and storage of
the disabled vehicle. In the event that the on-duty tower is unable
to respond to calls or to respond in a timely manner due to unusual
conditions, the next tower on the rotating list shall be called.
d.
Cruising by a towing company's vehicles is not permitted.
a.
The towing operator shall provide and maintain the following types
of insurance coverage to be obtained from insurance companies licensed
to do business in the State of New Jersey and shall provide the Borough
with certificates of insurance evidencing proof of the following required
coverages:
1.
Automobile liability in an amount not less than $1,000,000 for bodily
injury per person, $3,000,000 for bodily injury per accident and $500,000
for property damage per accident.
2.
Workers' compensation as required by statute.
3.
Garage keeper's liability in an amount not less than $500,000 per
claimant and $1,000,000 for more than one claimant.
4.
Garage liability in an amount not less than $2,000,000 combined single
limit.
5.
Comprehensive general liability in an amount not less than $2,000,000.
b.
Policies shall be endorsed to provide collision coverage for vehicles
in tow.
c.
On all policies except workers' compensation, the Borough shall be
named as an additional insured.
d.
All policies must contain a provision requiring notification to the
Borough of any policy cancellation or revision at least 30 days prior
to either cancellation or revision.
e.
The towing operator shall provide an excess or umbrella liability
insurance policy in the amount of $2,000,000.
a.
The equipment to be used by the towing operation shall meet the following
requirements:
1.
All equipment must be of the type, condition and design to efficiently
perform the work required by the Borough of Oakland.
2.
A licensee, when filing an application and at all times while holding
a license under this section, shall own or lease for use in performing
the services required by the license the following pieces of equipment:
(a)
Regular wrecker service: a minimum of two trucks (one light-duty
wrecker, one medium-duty flatbed, one medium-duty wrecker, one heavy-duty
wrecker).
(b)
Heavy-duty wrecker service: a minimum of one heavy-duty wrecker.
It shall not be a requirement that each operator maintain a heavy-duty
wrecker. Only those operators that maintain a heavy-duty wrecker in
addition to the regular wrecker service equipment shall be placed
on the heavy-duty wrecker call-out list. If no heavy-duty wrecker,
tower must show agreement with heavy-duty wrecker tower.
b.
The following safety equipment shall be carried on all towing trucks:
1.
Chains and tie-downs to secure vehicles.
2.
A snatch block.
3.
An auxiliary safety light kit to be placed on the rear of a towed
vehicle that does not have functioning taillight flashers.
4.
Rotating or flashing amber emergency lights mounted on top of the
truck. (A state-issued permit is required and must be in the truck.)
5.
Two white work lights facing from the rear of the truck.
6.
One shovel and broom.
7.
A total of 50 pounds of absorbent.
8.
Jumper cables or a jump box.
9.
A steering wheel tie-down.
10.
A toolbox with assorted hand tools normally used to conduct emergency
roadwork and towing.
11.
Two reflectorized traffic safety vests.
12.
One five-pound A-B-C rated dry powder fire extinguisher.
13.
One flashlight.
c.
Every towing firm shall ensure that personal protective equipment
is provided, used, and maintained whenever it is necessary by reason
of hazards of processes or environment encountered in a manner capable
of causing injury or impairment in the function of any part of the
body through absorption, inhalation, or physical contact. More specifically,
the towing firm shall provide a reflectorized traffic safety vest
which shall be properly worn as the outside garment by all employees
performing work while on a roadway 24 hours a day.
d.
The towing operator shall provide all trucks with a shovel, broom
and other equipment necessary to clean up broken glass and debris
from the scene of any accident to which they are summoned. The towing
operator shall be responsible for the subsequent cleanup. Each truck
shall have a minimum of 50 pounds of absorbent for oil and/or any
other liquid, except gasoline, that might be spilled onto the roadway
as a result of an accident. If gasoline is spilled as a result of
any accident, it shall be the responsibility of the Police Department
to notify the Fire Department for immediate removal. Absorbed liquids,
other than gasoline, shall be removed from the roadway by the tower,
placed in plastic bags and then placed in the towed vehicle by the
towing operator and shall be disposed of by the owner of said vehicle.
e.
All trucks used by the towing operator shall be kept in a clean,
good-working condition. The towing operator shall have displayed on
all of his trucks in such a manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46.
f.
Each towing operator shall furnish the following information with
respect to the aforementioned trucks: the make, model, year and registration
number of each truck and the DOT number. A photostatic copy of each
registration and insurance card shall also be included. For leased
trucks, the towing operator shall be required to furnish a copy of
each lease. Only trucks listed shall be used by the towing operator.
The towing operator shall have a storage area that meets the
following requirements:
a.
The outside area used for storage of vehicles shall be paved or stoned.
b.
Signs which readily identify the storage facility and which comply
with all applicable laws and local zoning regulations shall be installed.
c.
No towed vehicle shall be parked upon a public or private street
or sidewalk. Said vehicle shall be stored by the towing operator within
the licensed storage area so provided.
d.
The entire outside storage area shall be enclosed by a fence of sturdy
construction at least eight feet high which may include one foot of
barbed wire, with at least one lockable gate for ingress and egress
in accordance with Oakland local zoning regulations. In the event
the licensee is from another town, their local zoning laws shall take
precedence.
e.
The impound area shall be properly lighted from dusk to dawn and
must be properly safeguarded from vandalism and/or theft.
f.
The Borough of Oakland Police Department shall be granted access
to any part of the impound area at any time, day or night, for the
purpose of inspection and/or investigation. This shall include indoor
and outdoor areas.
g.
A small storage area shall be set aside for vehicles that may be
involved in a police incident. In addition, the indoor secured area
shall be provided for at least one vehicle, when requested by the
police.
h.
The towing operator shall conspicuously post at his place of business
the fee schedule for storage and towing of vehicles.
i.
There shall be no piling of vehicles.
j.
The storage area shall be located adjacent to or be part of said
licensed principal location and shall comply with the local zoning
ordinances.
The employees of the towing operator shall meet the following
requirements:
a.
An employee of the towing operator shall under no circumstances be
deemed an agent, servant and/or employee of the Borough or represent
to the public that he/she is an employee of the Borough of Oakland.
b.
No person shall be employed by the towing operator unless he/she
has obtained a record check and has been approved by the Borough of
Oakland Police Department.
c.
The towing operator and his employees are prohibited from collecting
or attempting to collect a fee, commission, pay or charge other than
as provided for in this section.
d.
The name of the individual tow truck employee shall be listed on
the towing ticket/receipt.
e.
The towing operator shall indicate the number of employees who will
be on the day shift and the number to be assigned to the night shift,
on a seven-day-a-week basis to the Chief of Police.
f.
The towing operator shall provide the Police Department with a list
of said personnel and copies of each operator's commercial driver
license (CDL) and social security number.
g.
No towing operator shall employ, directly or indirectly, any employee
of the Oakland Police Department.
h.
No cruising by personnel shall be permitted.
i.
The licensee shall be responsible for basic environmental cleanup
and may charge the owner of the vehicle involved in the actual spill
a fee.
j.
The licensee shall be responsible for roadway cleanup, which shall
include, but not be limited to, removing broken glass and debris at
the scene of an accident, as per N.J.S.A. 39:4-56.8b, and may charge
the owner of the vehicle that created the debris a fee.
k.
The police officer at the scene of an accident or disabled vehicle
shall be in complete charge and shall be responsible to guarantee
that the scene is properly cleared and safe for traffic to resume
safely.
a.
Towing fees and other charges shall conform with the New Jersey State
Police Towing Rates published and updated on an annual basis.
b.
Additional rate provisions:
1.
The towing rate shall be calculated based on the total distance traveled
from the tow vehicle's base of service to the job site and return
by way of the shortest available route. Fractions shall be rounded
up to the nearest whole mile.
2.
Tow vehicles transporting multiple vehicles at one time shall receive
applicable fees for each vehicle transported.
3.
The storage fees are the maximum storage charges per twenty-four-hour
period.
4.
Every operator of a towing service shall, prior to the actual towing
or storage of any vehicle, give the owner a written estimate of costs
and a written receipt when paid upon request.
a.
The towing operator shall maintain records of all vehicles towed,
stored and released by it. Records shall be kept for a four-year period.
These records shall include the name of the responding officer, name
of towing employee, the date and time of towing, destination towed,
vehicle tag number and state, vehicle identification number, make,
model, color and year of vehicle, itemized charges to the owner of
the vehicle and the disposition of the vehicle and date thereof.
b.
The towing operator shall maintain a record of all property found
anywhere in the towed vehicle, including the trunk and glove compartment
when open and where a key is available.
c.
The Borough of Oakland shall, upon request, have access to any and
all of these records. The Police Department shall conduct an annual
audit of each tower's records and provide a written report to the
Borough Clerk's office.
d.
The licensee shall notify the Oakland Police Department, in writing,
of any vehicle that is left unclaimed for a period in excess of seven
calendar days.
e.
The licensee shall prepare and issue to the owner/operator a written
itemized invoice for all services rendered under this section. The
invoice shall reflect the date, time, location and the employee that
performed the service and that the service performed was at the request
of the Borough of Oakland Police Department. A copy of the invoice
shall be retained by the licensee and filed in a manner that coincides
with the licensee's current filing methods that will allow immediate
access to such record when requested by the Borough of Oakland Police
Department.
f.
The licensee must permit payment of fees by the use of at least two
major credit cards. The Borough will not be held liable for, or assist
the licensee in the collection of, any unpaid fees that were incurred
under the provisions of this section.
a.
The licensee placed on the towing list shall be available to respond
to a call in accordance with the towing rotation schedule established
by the Chief of Police.
b.
All licensees shall respond to a call in any part of the Borough
within 15 minutes. If a licensee does not respond within 15 minutes
of a call, the licensee next on the list shall be called and entitled
to provide services as needed, and the first licensee shall lose any
claim to compensation.
c.
All drivers and operators of the licensee shall be properly licensed
to operate a motor vehicle within the State of New Jersey and are
subject to driver's license checks by the Borough Police Department
at the time of registration and at least on an annual basis thereafter.
All towing vehicles shall be properly registered and inspected in
accordance with any applicable law.
d.
All vehicles must be towed in a safe manner.
e.
All licensees shall be capable of providing reasonable roadside services
to disabled vehicles such as, but not limited to, jump-starting, changing
of flat tires, and providing fuel. Such services will only be performed
if they can be done so safely as determined by the police officer
on the scene.
f.
Upon request, all licensees shall make available a copy of its basic
rates and a business card to all owners and operators of motor vehicles
which will be towed.
g.
All licensees shall not remove any motor vehicle which has been abandoned
or involved in an accident in any public roadway without first notifying
the Borough Police Department.
h.
The Police Department shall not call a towing service to remove a
vehicle from private property.
i.
All licensees shall notify the Police Department of all vehicles
found by the towing service to have been abandoned and not claimed
within seven calendar days after being stored. The Police Department
shall, upon notification, expeditiously process the vehicle in accordance
with the New Jersey Motor Vehicle Code concerning abandoned and unclaimed
motor vehicles.
a.
If a motor vehicle operator or owner wishes to have his vehicle towed
by a particular towing service, their request shall be honored, providing
the police officer in charge at the scene has not determined that
the motor vehicle in question is not involved in the following:
1.
The vehicle is not being impounded.
2.
The motor vehicle will not be removed in an expeditious or safe manner.
3.
The motor vehicle will jeopardize the public safety, in which case
the motor vehicle operator or owner shall be required to utilize a
compensated dispatch towing service.
4.
An emergency situation exists requiring immediate towing services
and the authorized police supervisor at the scene, in his/her sole
discretion, determines that such service can be obtained more quickly
from a firm other than the primary towing firm.
b.
The owner or operator of any motor vehicle required to be towed or
stored shall have the right to remove all personal items and effects
from the motor vehicle unless the Police Department has placed a police
hold on any such items.
c.
The motor vehicle owner or his representative shall have the right
to take photographs of any stored vehicle for insurance purposes.
d.
Upon request of the motor vehicle owner or his representative, a
towing service shall provide a detailed and itemized bill for all
services rendered.
a.
Tow-truck drivers shall have and maintain a valid driver's license
for the tow vehicle that they operate. Drivers that operate heavy-duty
wreckers shall have the following endorsements on their commercial
driver's license:
b.
Within two years of the effective date of this section, all tow truck
drivers that operate tow vehicles must obtain the Towing and Recovery
Association of America (TRAA) National Driver Certification Level
1 or other nationally recognized certification. Drivers that operate
the heavy-duty tow truck must obtain the Level 2 certification.
c.
New employees shall have one year from their date of hire to obtain
the TRAA Level 1 certification or other nationally recognized certification.
During the initial year of employment, they may perform services as
listed under the provisions of this section provided that the licensee
documents that he has trained the employee in the proper use of the
equipment he will operate.
d.
To perform any recovery operation, the licensee must have at least
one employee certified as a TRAA Level 3 or other nationally recognized
certification.
a.
All complaints received by the Borough regarding a towing operator's
performance under the provisions of this section shall be investigated
by the Chief of Police or his designee and resolved to the satisfaction
of all parties. In the event that the complaint cannot be resolved
to the mutual satisfaction of the parties, the matter shall be submitted
to the Business Administrator or his designee. The decision of the
Business Administrator or his designee shall be final.
b.
The towing operator shall at all times comply with this section,
or the Borough shall remove the towing operator from the rotating
basis after written notification from the Police Department and an
opportunity for a hearing conducted by the Business Administrator.
c.
The Chief of Police is hereby designated to enforce the provisions
of this section in accordance with due process of law.
d.
The Chief of Police shall investigate and keep, and maintain for
a period of five years, a record of all complaints that are received
regarding the provisions set forth in this section.
e.
The Chief of Police has the authority to suspend any license at any
time for criminal activity, Title 39 violations or any violation(s)
of this section. When a license is suspended, the Chief of Police
shall forward a full report to the Mayor and Council within 15 business
days after said suspension. If the licensee objects to the determination
of the Chief of Police, the licensee may request a hearing before
the Council. The licensee must notify the Borough Clerk in writing
of a request for a hearing within 20 days of the suspension notice
issued by the Chief of Police. The Council, at the conclusion of the
hearing, may affirm or reverse the decision of the Chief of Police.
f.
The Chief of Police shall oversee all licensed wreckers to ensure
that they are kept in a safe condition. The Chief of Police may inspect
any and all licensed wreckers at any time. At any time the Chief of
Police may demand immediate correction and suspend the wrecker license
until such time as the violation is corrected. Once a wrecker license
is suspended, all identifiers listing the wrecker as a Borough of
Oakland police wrecker shall be removed from the wrecker by the licensee.
b.
In addition to any penalties that may be imposed by the Municipal
Court, the Borough Council may, after conducting a hearing regarding
the violation(s), terminate the license issued pursuant to this section
for repeated violations of this section.
c.
The Borough further reserves the right to impose sanctions and/or
terminate a towing firm's participation in this program for failure
to perform any aspect of this section properly and/or failure to properly
respond to calls for service. Any such failure without good cause
will be cause for sanctions and/or termination of participation in
this program.
[Ord. #55-0-249; 1967 Code § 6-1]
As used in this section:
Shall mean any coin-operated automatic amusement game, including
but not to the exclusion of other devices, known as roulette, baseball,
pinball, shooting games and the like; provided, however, that nothing
herein contained shall be construed to refer to vending machines for
cigarettes, foods, confections, music or merchandise.[1]
Shall mean an individual, firm, partnership, corporation,
voluntary association, incorporated association and principal or agent
thereof.
[Ord. #55-0-249; 1967 Code § 6-2]
The purpose of this section is to impose a license fee for the
raising of revenue on certain games of amusement, as herein defined
or designated, and to provide for the control and regulation of the
use and maintenance thereof.
[Ord. #55-0-249; 1967 Code § 6-3]
No person shall hereafter maintain, place or allow to be used
any machine defined or designated herein in any public or quasi-public
place, or in any building, store or other place where the public is
invited or wherein the public may enter, without first obtaining a
license therefor and after the payment of the license fee for each
machine as hereinafter provided.
[Ord. #55-0-249; 1967 Code § 6-4]
Any person desiring to obtain a license as required by this
section shall first procure an application form therefor from the
Borough Clerk. Such form shall require the following information to
be stated thereon:
a.
Name and signature of applicant.
b.
Residence of applicant.
c.
Name and nature of business conducted by applicant on the premises
for which the license is sought.
d.
Address of the premises where machine will be in use.
e.
Name and nature of machine.
f.
Manufacturer's serial number of machine or the description of such
machine if it has no serial number.
g.
The number of machines located on the same premises.
h.
Name and address of the person owning said machine.
i.
All statements by the applicant shall be made under oath.
[Ord. #55-0-249; 1967 Code § 6-5]
Every application for a license under the provisions of this
section, when complete, shall be delivered to the Chief of Police
of the Borough, who shall, within the period of one week after the
receipt thereof by him, cause an investigation to be made to verify
the information as stated in the application, and he shall thereafter
forthwith transmit the report of such investigation to the Borough
Clerk.
[Ord. #55-0-249; 1967 Code § 6-6]
No license provided for in this section shall be transferable
either from person to person, or from place to place. Upon substitution
of any machine for the machine so licensed, the applicant shall, within
24 hours thereafter, furnish the Borough Clerk with the serial number
and description of the machine so substituted, and the name and address
of the owner thereof, and the Borough Clerk shall issue a transfer
license for the substituted machine upon the payment by the applicant
of a transfer fee in the amount of $4. The transfer license shall
be attached to the original license issued.
[Ord. #55-0-249; 1967 Code § 6-7]
All licenses issued hereunder shall cover only one machine and
shall be issued on forms provided by the Borough Clerk and shall contain
the name, signature and residence of the licensee, address of the
premises for which the license is granted, name of machine licensed,
serial number of machine, date of issuance of license, date of expiration
of same, the amount of the fee paid therefor and the signature of
the Borough Clerk.
[Ord. #55-0-249; 1967 Code § 6-8]
Every person holding a license issued under the provisions of
this section shall be required to display the licensed machine in
a conspicuous place in the place of business of the licensee and every
license or transfer license thereto attached shall likewise be required
to be displayed in a conspicuous place in the place of business of
the licensee in close proximity to the machine for which the license
or transfer license was issued. Each machine shall have a separate
license.
[Ord. #55-0-249; 1967 Code § 6-9; Ord. #85-45,
§ 1]
Any license issued under the provisions of this section, after
hearing, may be revoked by the Mayor and Council for the violation
of any of the provisions of this or any other municipal ordinance,
or State or Federal law, rule or regulation, or for falsification
on the application for the license.
[Ord. #55-0-249; 1967 Code § 6-10; Ord. #82-972]
The fee for any license to be issued for the premises upon which
amusement machines of any kind are kept under the provisions of this
section is $50 for one year. In addition thereto, there shall be a
charge of $50 per year for each amusement machine maintained on the
premises. Every license shall expire on the last day in the year in
which it was issued.
[Ord. #55-0-249; 1967 Code § 6-11; Ord. #79-765;
Ord. #85-45, § 2]
a.
No licensee or other person shall offer any prize, free games or
other reward to any person playing any machine required to be licensed
by the provisions of this section, nor shall any licensee permit the
machine to be used for any gambling purpose whatsoever.
b.
No licensee shall permit any individual enrolled in school under
the age of 17 years to play or operate any machine or device covered
by this section during school hours on days when school is in session
unless that individual is accompanied by his or her parent or guardian.
[Ord. #60-0-322; 1967 Code § 61-1]
As used in this section:
Shall mean an establishment or place of business conducted
for the purpose of washing, cleaning, drying and laundering clothes
and other washable materials that may be brought to the establishment
or place of business by customers and wherein the work is done in
machines, coin-operated or otherwise, located on the premises, by
the customers themselves or by or under the supervision of the owners
or operators of the establishment or place of business for the customers,
and shall include a "laundromat", "wash-o-mat", and similar names
and types under which laundering of the self-service type is carried
on.
Shall mean an establishment or place of business conducted
for the purpose of washing, cleaning, drying and laundering clothes
and other washable materials that may be brought to the establishment
or place of business by customers, or collected and brought to the
establishment or place of business by or under the supervision of
the owners or operators of the establishment or place of business,
and wherein all or any part of the work is done on the premises by
or under the supervision of the owners or operators of the establishment
or place of business.
Shall mean a corporation, association, organization, arm
and partnership, as well as an individual.
[Ord. #60-0-322; 1967 Code § 61-2]
It shall be unlawful for any person to operate any laundry or
launderette in the Borough without having first obtained a license
therefor. Application for such license shall be filed with the Borough
Clerk. The application shall state the name and address of the person
who will operate the laundry or launderette, the exact location of
the premises, and the size thereof, where the laundry or launderette
will be operated, and the maximum daily amount of water which will
be used in connection therewith. A separate application and license
shall be required for each establishment. Each license shall expire
on December 31 following the date of issuance. No license shall be
issued unless the premises, in which the laundry or launderette is
to be operated, comply in all respects to the requirements, regulations
and provisions of the Fire Prevention Code, Board of Health, the Building
Code, Uniform Construction Code and Zoning Ordinance of the Borough.
The annual license fee, for the full year or any portion thereof,
shall be at the rate of $5 for each washing machine installed, provided,
however, that the minimum fee shall be $25.
[Ord. #60-0-322; 1967 Code § 61-3]
The entire premises devoted to the operation of the laundry
or launderette, and all machines used in connection therewith, shall
be kept in a clean and sanitary condition. The floor shall be kept
clean and dry. The premises shall be adequately ventilated and provided
with sufficient natural or artificial light. The wall of the premises
shall be covered with nonabsorbent paint, cement or other impervious
material. All plumbing work shall at all times conform to the provisions
of the Code of the Borough and shall always be kept in a good condition
and state of repair. The laundry or launderette shall De operated
in such manner as to always comply in all respects with the requirements,
regulations and provisions of the Fire Prevention Code, Board of Health,
the Building Code, Uniform Construction Code and Zoning Ordinance
of the Borough.
[Ord. #60-0-322; 1967 Code § 61-4]
No machinery used in the operation of a laundry or launderette
shall be operated in such manner as to cause unnecessary or unreasonable
noise or vibration to the annoyance of residents in the surrounding
neighborhood, or to the detriment of the well-being of the neighborhood
or to the premises in the neighborhood.
[Ord. #60-0-322; 1967 Code § 61-5]
No laundry or launderette shall begin operations before 6:00
a.m., prevailing time, or continue to operate after 12:00 midnight,
prevailing time.
[Ord. #60-0-322; 1967 Code § 61-6]
a.
Where the Mayor and Council finds that a laundry or launderette is
being operated or maintained in violation of the provisions of this
section or any other ordinance of the Borough so as to constitute
a nuisance, the Mayor and Council shall notify the owner of the premises
or the operator of the laundry or launderette, or both, to abate the
nuisance at the expense of such owner or operator. Such notice shall
be in writing and shall specify a time within which such nuisance
shall be abated. If such owner or operator shall not comply with such
notice within the time so specified, the Mayor and Council may proceed
to abate the nuisance at the expense of such owner or operator, or
both, as provided by law.
b.
Where the Mayor and Council finds that the continued operations of
a laundry or launderette, while a violation exists, constitute a distinct
and immediate hazard to public health, the Mayor and Council is hereby
authorized to prohibit the owner of the laundry or launderette, or
both, from operating or permitting the operation of the laundry or
launderette until such time as the violation is corrected and the
nuisance abated.
[Ord. #60-0-322; 1967 Code § 61-7]
No water from the operation of the laundry or launderette shall
be discharged into the storm sewers or drainage structures of the
Borough.
[Ord. #60-0-322; 1967 Code § 61-8]
The Borough, in view of seasonal droughts and the prevailing
conditions in the area with respect to the gradual diminution of sources
of water supply, and for the better preservation of the water supply
for the primary uses of the citizens, including but not limited to
drinking, sanitation and fire protection, does not represent or agree
that it will deliver such amounts of water as any laundry or launderette
may require in its operation, and, particularly, it does not agree
to supply, and no laundry or launderette shall be entitled to be supplied
with, a greater amount of water than the maximum amount set forth
in the application, and any person to whom a license is issued to
operate any laundry or launderette, by accepting such license, agrees
to and accepts the same subject to the foregoing conditions.
[Ord. #62-0-355; 1967 Code § 31-1]
It shall be unlawful to install, operate or maintain any automatic
dry-cleaning machine as hereinafter defined except in compliance with
the provisions of this section, or without complying with all of the
provisions pertaining to the installation and operation of such machine
herein contained or in violation of any laws, rules or regulations
of the Board of Health of the Borough, the regulations of the Fire
Prevention Code as well as all the laws of the State of New Jersey
and the rules and regulations of all governmental agencies having
authority and jurisdiction in the premises.
[Ord. #62-0-355; Ord. #62-355A-364; 1967 Code § 31-2]
The following requirements shall be complied with by any person,
firm, corporation or association in connection with the establishment
and operating of a coin-operated dry-cleaning establishment:
a.
The applicant shall submit a floor plan showing the building outline
and the location and description of each piece of equipment to be
contained therein, which plan shall be approved by the Construction
Official and the Health Officer and the Bureau of Fire Prevention.
b.
A license shall not be issued unless the premises wherein the business
is being conducted has a suitable floor. No portion of the building
in which the business is conducted shall be occupied as a residence
or dwelling.
c.
The boiler-room construction and the location of the boiler must
meet the requirements of the ordinances of the Borough, and, in addition
thereto, the boiler must be inspected by the New Jersey Department
of Labor, Boiler Inspection Division or an authorized representative.
The certificate of boiler inspection must be posted under glass within
the boiler room.
d.
A general ventilation fan shall be installed in the back room or
maintenance area to be used in case of serious solvent leakage. This
fan may be installed in the rear wall and when combined with the system
required by paragraph l shall enable the exhausting of a minimum of
1,000 cfm per machine.
e.
The floor of the enclosure or machine base shall be so constructed
as to hold a liquid volume equal to the maximum quantity of solvent
which might possibly escape from the system. A drainage system shall
be provided in the event of a leak and containment by a gravity flow
with the solvent transferred to a standby holding tank, which tank
shall be vented to the outside. Vents shall be so located so as to
prevent any vapors from accumulating in void spaces.
f.
The solvent used in the operation shall be stored in closed containers,
and shall be transferred from the containers in a line free of leaks.
g.
Filter residue and other residues containing solvent shall be disposed
of so as not to create a health or fire hazard or nuisance. A covered
metal container shall be used for temporary storage outside of building.
h.
Respiratory protective equipment shall be provided for maintenance
personnel and must be kept in good repair and available for immediate
use.
i.
Only the front or customer side of the dry-cleaning machine shall
be exposed in the customer area. The working or maintenance portion
of the equipment should be separated from the front of the machine
by a solid partition. As a means of minimizing any solvent buildup
in the customer area and also to control any minor solvent leakage,
it is required that there be a minimum flow rate from the customer
area through the partition as follows:
|
No. of Machines
|
Minimum Flow Rate per Machine
(cfm)
|
|---|---|
|
1 — 3
|
500
|
|
4 — 8
|
400
|
|
9 — 16
|
375
|
|
17 or more
|
360
|
|
(Example - An eight machine installation requires a minimum
continuous exhaust flow rate of 3,200 cfm.)
|
j.
The exhaust ventilation as described above shall be provided on a
continuous basis while the store is open for business. The fan wiring
shall be such that the dry-cleaning equipment cannot be operated unless
the fan system is in operation. Where grille openings are to be installed
in the partition to facilitate air movement, they should be sized
on the basis of 500 cfm per square foot of net grille area and should
be placed as close to the machines as possible. Access doors to the
maintenance area shall be kept locked.
k.
The cleaning equipment must be provided with an exhaust system capable
of maintaining a minimum of 100 feet per minute face velocity through
the loading door whenever the door is open. The duct work connections
from this system must be sealed (soldered or taped) and discharge
tanks extended to a minimum height of five feet above the roof line.
l.
An interlock system must be provided on the machine to prevent the
loading door from being opened during the normal cycle. This system
shall be either electrical and/or mechanical and so connected that,
in the event of a power failure, the loading door shall lock.
m.
A step-by-step instruction list must be posted in a conspicuous location
near the machine for customer use. A competent trained operator must
be present as long as the premises are open for business.
n.
A solvent-vapor sensing device within the tumbler shall be required
to control the dyeing cycle and to prevent the removal of solvent-laden
garments.
o.
The machine shall be checked daily and kept in good repair. All maintenance
personnel should be familiar with necessary machine repairs and instructed
as to the solvent hazards.
p.
Solvent control is to be such that under normal operation and use
conditions no solvent odor can be detected in the customer area.
q.
Only the solvent specified by the equipment manufacturer shall be
used.
r.
A supply of tempered (heated to 60° or 65° F.) makeup air
equal to or greater than the total volume of air exhausted from the
plant should be provided in order to eliminate any negative pressure
conditions which might otherwise develop.
s.
Solvent-contaminated air, even in very low concentrations (5-20 ppm),
shall be kept out of the air intakes of all combustion equipment so
as to minimize the thermal decomposition of the solvent.
t.
Exhaust-ventilation stacks from dry-cleaning machines shall be located
as far as possible from combustion air or drier air intakes.
u.
The proprietor shall provide the Board of Health with detailed installation,
operation and maintenance manuals from the manufacturer.
[Ord. #62-0-355; 1967 Code § 31-3]
As used in this section:
Shall mean the cleaning of textiles, fabrics, garments or
other articles by the use of any solvent other than water in a dry-cleaning
machine designed to be used, offered to be used for use by the general
public, the machines being equipped with a receptacle into which coins
are deposited as a means of paying for such cleaning and service.
The phrase "used by the general public" shall be deemed to refer to
the insertion of such textiles, fabrics or other garments or other
articles into a dry-cleaning machine or the removal of same from such
machines by a person or persons other than an employee or owner of
a dry-cleaning establishment where such coin-operated dry-cleaning
machines are not in use.
Shall mean any place providing or offering to provide coin-operated
dry cleaning as herein defined.
Shall mean the machinery and equipment in which coin-operated
dry cleaning shall be conducted.
[Ord. #62-0-355; 1967 Code § 31-4]
All coin-operated dry-cleaning establishments shall have a front
and rear exit. The rear exit shall be provided with panic hardware.
[Ord. #62-0-355; 1967 Code § 31-5]
No coin-operated dry-cleaning machines shall be located within
10 feet of any gas-fired dryer or similar gas-fired device.
[Ord. #62-0-355; 1967 Code § 31-6]
No coin-operated dry-cleaning establishment shall be open for
the conduct of business on any day of the week other than between
the hours of 6:00 a.m. and 12:00 midnight, prevailing time.
[Ord. #62-0-355; 1967 Code § 31-7]
Every coin-operated dry-cleaning establishment shall provide
a public telephone to be located in the establishment for the use
of the customers and employees.
[Ord. #62-0-355; 1967 Code § 31-8]
In any coin-operated dry-cleaning establishment, solvent storage
tanks, power boxes and other sources of danger shall be so situated
as to be inaccessible to the general public.
[Ord. #62-0-355; 1967 Code § 31-9]
No coin-operated dry-cleaning establishment shall be connected
to any of the drainage structures of the Borough or to any sanitary
disposal system unless approved by the Board of Health of the Borough.
[Ord. #62-0-355; 1967 Code § 31-10]
It shall be unlawful to install any coin-operated automatic
dry-cleaning machines without having secured a permit therefor. Application
for such permit shall contain information as to the mechanical equipment
of such machine and provisions for ventilation as required by this
section. The fee for the permit shall be $5 for each unit or machine.
It shall be unlawful to engage- in the business of maintaining any
such machine for use without having first secured a license therefor.
The annual fee for such license shall be $100 plus $5 for each unit
in addition to five maintained in any one establishment.
[1967 Code § 74-1; Ord. #80-913]
As used in this section:
Shall mean any person, partnership or corporation, who, through
any means, buys or sells secondhand gold, silver, precious metals
or jewelry, and includes anyone advertising the purchase or sale of
any of the aforementioned items.
Shall mean any person under the age of 18 years.
[1967 Code § 74-2; Ord. #80-913]
Each dealer before conducting business within the jurisdiction
of the Borough shall first register with the Chief of Police, who
shall investigate the applicant, and shall obtain a license from the
Borough Clerk by paying a fee of $25. The fee shall be waived for
businesses established and conducting business in the Borough prior
to passage of this section.
[1967 Code § 74-3; Ord. #80-913]
Each dealer shall maintain a complete record of each purchase
and sale on the forms prescribed by the Borough Police Department,
indicating the name, residence, occupation, age and description of
the person from whom the items were purchased, received or obtained.
These records shall be subject to the inspection of any authorized
police officer of the Borough. The record of the transaction shall
be signed by the seller and/or the person from whom the property is
obtained.
[1967 Code § 74-4; Ord. #80-913]
No dealer shall sell, melt, change the form of or dispose of
any articles purchased or received within five days from the date
of acquisition without prior notification to the Chief of Police,
and all such items shall remain on the premises where the acquisition
was made for at least, five days.
[1967 Code § 74-5; Ord. #80-913]
Each dealer must require identification of the person with whom
it is transacting business, and no transaction may be made with any
minor, as herein above defined.
[Ord. #37; 1967 Code § 58-1]
It shall be unlawful to operate any autobus, commonly called
jitney, in the public streets or places of the Borough, used for the
transportation of passengers, without first obtaining a license from
the Borough Council for that purpose.
[Ord. #37; 1967 Code § 58-2]
The license fee for each such autobus shall be $5 per annum;
all licenses shall expire on December 31 in each year.
[Ord. #37; 1967 Code § 58-3]
The license fee herein fixed is imposed for revenue.
[Ord. #37; 1967 Code § 58-4]
The owner of such autobus, commonly called jitney, desiring
a license shall make application therefor in writing, directed to
the Borough Council, which application shall state the make and kind
of autobus intended, the route and schedule of such vehicle, the rates
to be charged, the name and address of the driver, the address of
the applicant and reference as to the character of the driver and
character and responsibility of the applicant. The application shall
be accompanied by the license fee and upon approval thereof by the
Borough Council the license shall be issued by the Borough Clerk.
[Ord. #37; Ord. #39; 1967 Code § 58-5]
The Clerk shall issue with each license a card showing the date
and number of the license, the name of the owner and number of such
autobus, which license card shall be affixed in a conspicuous place
in the autobus while the same is used for transportation of passengers.
[Ord. #37; 1967 Code § 58-6]
The Borough Council may make such regulations for the operation
of autobuses, commonly called jitneys, as they may deem proper, which
rules and regulations, together with the schedule, shall be posted
in a conspicuous place in every such autobus while in use for the
transportation of passengers within the limits of such Borough. The
owner and driver of such autobus shall comply with all such rules
and regulations.
[Ord. #37; Ord. #39; 1967 Code § 58-7]
The owner of any such autobus shall carry an insurance policy,
approved by the Borough Council, covering each autobus so licensed,
effective in this Borough, of from $5,000 to $10,000 to pay any loss
or damages from injuries sustained from the operation of such vehicle;
a copy of which policy shall be filed with the Borough Clerk before
such vehicle may be operated within the limits of the Borough.
[Ord. #88-117, § 1]
a.
Any applicant who requests the issuance, reissuance or renewal of
any license or permit issued by, or requiring the approval of, the
Borough Council or of any agency or department of the Borough which
issues permits, shall be required to pay any delinquent property taxes
or assessment, if he is the owner of the property where the business
or activity is to be conducted.
b.
Any license or permit issued by the Borough Council, or any permit
issued by an agency or department of the Borough, may be revoked or
suspended by the Borough Council when any licensee, who is an owner
of the property upon which the licensed business or activity is conducted,
has failed to pay the taxes due on the property for at least three
consecutive quarters.
c.
Upon payment of the delinquent taxes or assessment, the license or
permit shall be restored.
d.
The provision of this section shall not apply to or include any alcoholic
beverage license or permit issued pursuant to the Alcoholic Beverage
Control Act.
[Ord. #03-Code-451, § I; Ord. #09-Code-589, § I;
amended 10-27-2021 by Ord. No. 21-Code-860]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any container regardless of size or construction
that is used for the collection of used clothing.
[Ord. #03-Code-451, § II; Ord. #09-Code-589, § II;
amended 10-27-2021 by Ord. No. 21-Code-860]
a.
No person, firm, partnership, corporation, whether for profit or
not for profit, shall place or cause to be placed a receptacle within
the Borough of Oakland without having first obtained a permit. Receptacles
shall be located only on:
b.
The application for a permit to place a receptacle within the Borough
of Oakland shall be made in writing to the Borough Clerk and signed
by the applicant. The application shall set forth:
1.
The name, address, email address and telephone number of the applicant,
including the "bona fide" office of any entity that may profit from
any clothing collected.
2.
The location where the receptacle is to be placed. A site plan delineating
the location shall be submitted with the application.
3.
A yearly fee of $25 made payable to the Borough of Oakland.
4.
The applicant must maintain a "bona fide" office, to be staffed with
a representative who can be reached by telephone during normal business
hours. For purposes of this section, the answering machine or answering
service unrelated to the applicant does not constitute a bona fide
office.
5.
The manner by which the collected clothing will be used, sold or
dispersed.
c.
The permit issued shall only be valid for a one-year period. No permit
shall be valid for a period in excess of one year.
[Ord. #03-Code-451, § III; Ord. #09-Code-589, § III;
amended 10-27-2021 by Ord. No. 21-Code-860]
a.
No more than four receptacles shall be placed in any location.
b.
Each receptacle shall not exceed five feet in depth or width and
six feet in height.
c.
Each receptacle shall have an identifying logo, the Borough permit number, the expiration date, name, telephone number, and address of the person owning the bind or receptacle, and the name, address, email address and office telephone number of any person or entity which may share or profit from the clothing collected. Further, the receptacle shall include language indicated that any material left outside the receptacle will subject the violator to the penalties set forth in the Borough's littering ordinance (Revised General Ordinances of the Borough of Oakland, Section 3-1, et seq.)
[Ord. #03-Code-451, § IV; Ord. #09-Code-589, § IV;
amended 10-27-2021 by Ord. No. 21-Code-860]
The receptacle shall be located in such a manner as approved
by the Borough. No permit shall be granted if the proposed placement
constitute a safety hazard.
[Ord. #03-Code-451, § V; Ord. #09-Code-589, § V;
amended 10-27-2021 by Ord. No. 21-Code-860]
The receptacles shall be maintained in a clean, sanitary condition,
painted and in good working order. Each receptacle shall be emptied
by the permittee regularly at a minimum of three times each week.
The areas adjacent to the containers shall be kept clear of all boxes
and debris.
[Ord. #03-Code-451, § VI; Ord. #09-Code-589, § VI;
amended 10-27-2021 by Ord. No. 21-Code-860]
The general penalty provision as contained in Section 1-5 of Chapter 1 of the Revised General Ordinances of the Borough of Oakland shall be applicable to this section. Every day on which a violation of any provision of this section exists shall constitute a separate violation. The Construction Office shall investigate any complaint from the public. If a bin operator does not rectify a violation, the Borough may seize the bin and sell the contents at public auction. All proceeds shall be paid to the Borough. Additionally, for any violation of this section which results in a seizure of the donation clothing bin, the Municipal Court may impose a penalty up to $20,000.
[Ord. #12-Code-665]
There is hereby established a farmers market in the Borough
of Oakland. The site for the farmers market will be selected by the
Mayor and Council on a yearly basis.
[Ord. #12-Code-665]
The farmers market shall operate between April and November
of each calendar year.
[Ord. #12-Code-665]
The Mayor shall appoint a committee or in his/her discretion
authorize an existing committee or commission of the Borough of Oakland
to supervise the farmers market.
[Ord. #12-Code-665]
Any vendor who wishes to participate in the farmers market shall
complete an application form to be supplied by the Borough Administrator
and pay a fee of $25 per day per space in the farmers market.
[Added 9-25-2019 by Ord.
No. 19-Code-791]
This section will permit the Borough of Oakland to charge a
fee described herein permitting entities to advertise using banners
to be installed on light or utility poles in the Borough or in the
Oakland community calendar.
As used in this section, the following terms will have the meanings
indicated:
Banners which advertise the entity that has requested to
be located on a utility or light pole within the Borough of Oakland.
The calendar created on a yearly basis by the Borough of
Oakland indicating Borough and community events.
Include business associations, civic organizations, associations
and others.
