[HISTORY: Adopted by the Township Committee
of the Township of Cinnaminson as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-9-1982 by Ord. No. 1982-3 (Sec.
1.60 of the 1995 Code)]
Pursuant to a request by the Cinnaminson Township
Board of Education, it is the declared public policy in this municipality
that all employees of said Board of Education hired subsequent to
the effective date of this article shall undergo a criminal history
record check.
All information secured as a result of the criminal
history record check shall be confidential and shall be released only
to appropriate officials and members of the Cinnaminson Township Board
of Education or Cinnaminson Township involved in reviewing and acting
on applications for employment with said Board of Education.
A.
All job applicants for any office of employment with
the Cinnaminson Township Board of Education shall complete an appropriate
request for criminal history record information, including a security
check authorization as an applicant for noncriminal justice employment.
B.
The security check authorization shall indicate that
any and all available criminal history record information shall be
released to the appropriate officers and members of the Cinnaminson
Township Board of Education.
C.
The completed request forms shall be forwarded by
the Cinnaminson Township Board of Education to the Cinnaminson Township
Chief of Police and thence to the New Jersey State Police, State Bureau
of Identification for processing.
D.
In the event that the Police Chief deems it necessary,
a job applicant shall be fingerprinted by the Cinnaminson Police Department.
E.
The Chief of Police shall forward to the Cinnaminson
Township Board of Education the results of the history record check.
[Adopted 10-18-2000 by Ord. No. 2000-10 (Sec. 2.10 of the 1995 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The business of carrying passengers for hire by any automobile
or motor car with a carrying capacity of not more than nine passengers,
not including the driver, which is held out, announced or advertised
to operate or run or which is operated or run over any of the streets
or public highways of this state, and which is hired by charter or
for a particular contract, or by the day or hour or other fixed period,
or to transport passengers to a specified place or places, or which
charges a fare or price agreed upon in advance between the operator
and the passenger.
[Amended 1-24-2007 by Ord. No. 2007-2; 2-6-2012 by Ord. No. 2012-1]
All individuals or entities seeking a permit
pursuant to the following provisions of the Code shall be required
to submit to mandatory background checks as set forth in this chapter,
including both the local and the national check. Background checks
shall be performed at the expense of the applicant and may be by the
Safran Morpho Trak or such other means as may be recommended and designated
by the Director of Public Safety. These checks are required for both
initial licenses and permits as well as for renewals. All partners,
owners, managerial employees or agents working under the authority
of the license or permit are also required to submit to these checks.
The requirement for these checks may not be waived except by action
of the Township governing body.
B.
Persons or entities seeking a license pursuant to Chapter 334, Licenses, General, for the operation of:
(1)
A limousine
service, taxis and vehicles used for the transportation of passengers,
baggage, merchandise, goods or chattels.
(2)
Automobile
garages, repair shops, used-car dealers, junkyards and similar enterprises.
(3)
Swimming
pools and bathhouses other than those classed as accessory to residential
dwelling units.
(4)
Dance
halls, billiard or pool parlors, bowling alleys, and places of public
amusement.
(5)
Other
businesses in the discretion of the issuing authority where necessary
for the protection of the public welfare.
C.
Persons
or entities seeking to work as volunteers on behalf of the municipality
or a municipally sponsored organization who will have access to or
handle funds in excess of $250 or regular engagement with minors or
senior citizens age 65 or over.
[Amended 2-6-2012 by Ord.
No. 2012-1]
All permittees and licensees shall be required
to first submit to a local background check, which shall be conducted
by the Cinnaminson Township Police Department. If the applicant is
found to have been convicted of a crime of the first, second, third
or fourth degree within 15 years of the application or an offense
involving theft, fraud, misrepresentation, moral turpitude, sexual
offenses, trafficking in a controlled substance or product, offenses
involving children or senior citizens, weapons offenses or any offense
involving violence within seven years of the date of application,
the applicant shall not be eligible to receive a license or permit.
In the event that charges are pending but no conviction has been entered,
issuance of the license or permit may be delayed pending resolution
of the matter. Crimes or offenses committed in jurisdictions other
than New Jersey shall be treated in the same manner as the most nearly
equivalent crime or offense occurring within New Jersey. Applicants
found eligible based upon review of the application and local background
check may receive a probationary license or permit pending receipt
of the national background check. If both local and national background
checks are received simultaneously, separate checks are not required.
Following the local background check, all probationary
permittees shall be required to submit to a national background check,
which will be processed through the Cinnaminson Township Police Department.
The Police Department is hereby authorized to use whatever database
search processes necessary to effectuate this check. It is anticipated
that this process will take approximately four to six weeks. If the
national background check reveals that the probationary permittee
is currently charged or was previously convicted with any felony,
or any misdemeanor involving fraud, misrepresentation, dishonesty,
violence, or in any way involving a child, then that probationary
permittee shall be deemed to have failed the national background check,
and his or her permit will be revoked. If there is no such finding,
then the permittee will be deemed to have passed the national background
check and shall be permitted to conduct its business pursuant to its
permit or license, shedding his or her probationary status.
An individual or entity seeking a permit or license requiring a background check pursuant to this Chapter shall be required to pay a fee to cover the administrative costs of the background check by paying a fee in the amount as set forth in Chapter 265, Fees.
[Amended 2-6-2012 by Ord.
No. 2012-1]
If a person or entity is denied a permit or
license, or opportunity to volunteer, the applicant shall be notified
by the Township Clerk of the denial and the reason for the rejection
by regular and certified mail to the address provided by the applicant
on the application. The notice shall also advise the applicant of
their right to a hearing before the Township Committee by requesting
such a hearing, in writing, within 20 days of the date of the notice.
If a hearing is requested, the Township Committee shall schedule the
matter to be heard within 30 days of the receipt of the request. The
Committee shall hear the reasons for the denial as stated by the Township
Clerk or other persons that the Clerk believes have relevant information.
The applicant shall then be permitted to state the reasons why the
permit or license should be issued or opportunity to volunteer be
granted, including the presentation of witnesses with relevant information.
The hearing shall be conducted pursuant to the procedures of the Township
Committee. Witnesses shall be sworn but strict rules of evidence shall
not apply. The Township Committee shall reach a decision within 15
days of the hearing and written notice of the decision and the reasons
for the decision shall be promptly mailed to the applicant by regular
and certified mail. These notice and appeal provisions shall apply
to any denial of a license or permit pursuant to the provisions of
this Code.
