Borough of Carlstadt, NJ Chapter VI Licensing - General

The general power to license and prescribe license fees is contained in N.J.S.A. 40:52-1 and 40:52-2. Licensing is also a part of the general police power granted by N.J.S.A. 40:48-1 and N.J.S.A. 40:48-2.

6-1 General Provisions.

6-1.1. Purpose. The purpose of this section is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Borough, except alcoholic beverage licenses and dog licenses.

6-1.2. Applications and Application Fee. All applications for licenses shall be accompanied by the required fee, shall be made to the Borough Clerk upon forms provided by him/her, and shall contain the following information:

a. Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.

b. If the licensed activity is to be carried on at a fixed location, the address and description of the premises.

c. If a vehicle is to be used, its description including the license number.

d. If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.

e. The days of the week and the hours of the day during which the licensed activity will be conducted.

f. A description of the nature of the business and the goods, property or services to be sold or supplied.

g. A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.

h. Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his/her character and responsibility.

The applicant shall be fingerprinted if the chief of police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.

Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity and shall be signed by each employee or agent.

6-1.3. Investigation of Applicants. Each application shall be referred to the chief of police, or a police officer designated by him/her, who shall immediately institute such investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity as (s)he considers necessary for the protection of the public. The investigator shall communicate his/her findings, in writing, to the Borough Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant's character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, (s)he shall disapprove the application and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Borough Clerk shall issue the license immediately, provided the required license fees have been paid, except in cases where approval of the Mayor and Council is required.

In the case of an application for a solicitor's, peddler's, or canvasser's license, the license may be issued immediately subject to the investigation.

6-1.4. Contents of License. Licenses shall be in a form which the Mayor and Council shall prescribe by resolution, and shall contain the following information:

a. The name and address of the licensee.

b. The number and type of the license and the nature of the licensed activity.

c. The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.

d. If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.

e. The expiration date of the license.

f. Any other appropriate information which the Mayor and Council may, by resolution, require.

6-1.5. License Record. The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Mayor and Council and shall contain the same information as is required by subsection 6-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Mayor and Council may, by resolution, require.

6-1.6. Display of License. When the licensed activity is conducted at a fixed location, or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his/her possession at all times and shall display it upon the request of any police officer or any person with whom (s)he is doing business.

6-1.7. Transferability. Every license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place in cases where the licensed activity is conducted at a fixed location, but only with the approval, by resolution, of the Mayor and Council.

6-1.8. Expiration Date, Renewal, Proration of Fees.

a. Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12 midnight local time. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.

b. When an application for a license is made during the course of any calendar year, the fee shall be prorated to the nearest month. Any period of time greater than 1/2 month shall be considered as a full month for this purpose.

6-1.9. Revocation of License, Causes. Any license or permit issued by the Borough may be revoked by the Mayor and Council after notice and a hearing for any of the following causes:

a. Fraud or misrepresentation in any application for a permit or license.

b. Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.

c. A violation of any provision of this revision.

d. Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.

e. Conduct of the licensed activity whether by the licensee, his/her agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.

Whenever a license has been issued immediately upon an application, pending the results of the investigation provided for by this chapter, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.

6-1.10. Notice of Hearing. Notice of a hearing for the revocation of a license or permit shall be given in writing by the Borough Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his/her last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.

6-1.11. Hearing, Determination. At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his/her own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his/her own expense. The Mayor and Council shall revoke or suspend the license if they are satisfied that the licensee is guilty of the acts charged.

6-1.12. Reinstatement of Revoked Licenses. The Mayor and Council may issue another license to a person whose license has been revoked or denied as provided in this section if after hearing they are satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for the licensee, directly or indirectly, shall be issued another license to carry on the same activity.

6-1.13. Power to Make Rules and Regulations. The Mayor and Council may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of administering the provisions of this chapter or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this chapter and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.

6-1.14. Licenses Subject to Zoning Regulations. No license shall be granted for any trade, business or activity in any location prohibited by zoning regulations.

6-2 Peddlers and Hawkers.

6-2.1. Definition.

PEDDLER

Any person, whether a resident of the Borough or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda water, garden farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker" and "huckster."

6-2.2. License Required. It shall be unlawful for any person to engage in the business of peddler, as defined in this section, within the corporate limits of the Borough without first obtaining a permit and license as provided by this section.

6-2.3. Fees. The fee for a peddler's license shall be as set forth in subsection 4-3.1.

The fee as set forth is for the purpose of raising revenue. No portion of the fee shall be prorated for any part of the year.

6-2.4. Noise and Speaking Devices. After 7:00 p.m. no peddler, nor any person on his/her behalf, shall shout, cry out, blow a horn, ring a bell or use any sound device including any loudspeaking radio or sound amplifying system upon any of the streets, or other public places of the Borough or upon any private premises in the Borough where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets or other public places, for the purpose of attracting attention to any goods, wares or merchandise which the licensee proposes to sell.

6-2.5. Use of Streets. No peddler shall have any exclusive right to any location, nor shall (s)he be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

6-2.6. Duty of Police to Enforce. It shall be the duty of any police officer of the Borough to require any person seen peddling, who is not known by such officer to be duly licensed, to produce his/her peddler's license and to enforce the provisions of this section against any person found to be violating the same.

6-2.7. Bond Required. Prior to the issuance of any license, every applicant not a resident of the Borough, or who being a resident of the Borough represents any person whose principal place of business is located outside the State of New Jersey, shall file a surety bond, running to the Borough in the amount of $1,000 with surety acceptable to and approved by the Borough Council, conditioned that the applicant shall comply fully with all the provisions of the ordinances of the Borough and the statutes of the State of New Jersey regulating and concerning the business of hawking, peddling and vending and guaranteeing to any person of the Borough that all money paid as a down payment will be accounted for and applied according to the representations of the peddler and further guaranteeing to any such person doing business with the peddler, that the property purchased will be delivered according to the representations of the peddler. Action on such bond may be brought in the name of the Borough to the use and benefit of the aggrieved person.

6-3 Solicitors and Canvassers.

6-3.1. Permit and License Required. It shall be unlawful for any solicitor or canvasser as defined in this section to engage in such business within the Borough without first obtaining a permit and license.

6-3.2. Definition.

CANVASSER or SOLICITOR

Any individual, whether resident of the Borough or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether (s)he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop, or any other place within the Borough for the sole purpose of exhibiting samples and taking orders for future delivery.

6-3.3. Application. Applicants for a permit and license under this section shall file with the Borough Clerk, a sworn application, in writing and in duplicate, which in addition to the information required in subsection 6-1.2, shall indicate:

a. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.

b. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

6-3.4. Fees. The fee for a license shall be as set forth in subsection 4-3.1. This subsection shall not apply to any person who has obtained a charitable solicitor's license or permit, nor shall it apply to any person distributing literature or handbills on behalf of a candidate for public office.

6-3.5. Badges. The Borough Clerk shall issue to each licensee at the time of delivery of the license a badge which shall contain the words "licensed solicitor," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of 10 feet. The badge shall, during the time the licensee is engaged in soliciting, be worn constantly by the licensee on the front of his/her outer garment in such a way as to be conspicuous. There shall be an additional charge as set forth in subsection 4-3.1 for the issuance of the badge.

6-3.6. Time Restrictions. No soliciting or canvassing activities shall be conducted after 5:00 p.m. or before 9:00 a.m. or on Sundays.

6-4 Circuses and Carnivals.

6-4.1. Permit Required. It shall be unlawful for any person to produce or exhibit any circus or carnival, or similar public exhibition in the Borough without having first obtained a permit therefor from the Clerk, who shall only issue a permit after the same has been approved by the Borough Council.

6-4.2. Fee. The fee for the permit established in section 6-4.1 shall be as set forth in subsection 4-3.1.

6-4.3. Application. In addition to the information required in subsection 6-1.2, applications for a circus and carnival permit shall contain a brief description of the amusements to be provided and the concessions and businesses to be conducted as well as a description of the structures, buildings and shelters which it is proposed to erect and use in connection with such carnival or circus. The application shall further contain a list of the names and addresses of all of the owners of the carnival or circus, as well as a list of the names and addresses of all persons who, by way of concession, lease, license or permission of the owners, are to operate any of the amusements or businesses. Any changes occurring in either of the lists shall be corrected by the owners within two hours after they occur.

6-4.4. Cash Deposit. All applications shall be accompanied by a cash deposit as set forth in subsection 4-3.1, and any expense that the Mayor and Council may deem necessary to incur in investigating and determining the safety of the entertainments and amusements proposed to be operated by the applicants, whether by the employment of architects, engineers, builders or other expert or suitable persons, shall be deducted from the cash deposit. If a license is refused, the unexpended portion of the deposit shall be returned to the applicants. If a license is granted, the unexpended portion of the deposit shall be applied to the payment of the license fees imposed. No application for a license shall be considered unless and until the applicant authorizes the Mayor and Council, in writing, to make the deductions hereinbefore mentioned from the deposit monies and waives in writing the return of all monies so spent.

6-4.5. Bond Required. All applicants shall, before a license is granted, file with the Borough Clerk a bond in the principal sum of $30,000, with good and sufficient sureties thereon to be approved by the Mayor and Council, as evidence that such applicants are financially able to satisfy a claim for damages sustained by any person in connection with the operation of the carnival or circus, and any of the businesses and amusements connected therewith.

6-4.6. Regulations. All licenses issued hereunder shall be subject to the following regulations, the violation of any one of which shall constitute sufficient grounds for the revocation of the license.

a. The carnival or circus, shall be opened to the public only between the hours of 3:00 p.m. and 11:00 p.m.

b. No person under the age of 12 years shall be admitted to the carnival or circus, and minors from 12 to 18 years of age shall be accompanied by at least one parent or adult guardian.

c. No gambling or games of chance shall be conducted.

The enumeration of the foregoing violations as constituting sufficient grounds for the revocation of any license granted hereunder shall not be construed as a denial of the existence of other grounds for revocation.

6-5 Mechanical Amusement Devices.

6-5.1. Definitions.

DISTRIBUTOR

Any person who supplies any mechanical amusement device to another for use in his place of business, whether under lease or any similar arrangement.

MECHANICAL AMUSEMENT DEVICE

Any machine which may be operated by the public for entertainment or amusement, whether the machine is coin-operated or not, and whether or not it registers scores or tallies. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab or devices similar thereto under whatever name they may be indicated. Juke boxes shall not be considered mechanical amusement devices for the purposes of this section.

OPERATOR

Any person in whose place of business any mechanical amusement device is placed or kept for operation by the public.

6-5.2. License Required. No person shall distribute or operate a mechanical amusement device within the Borough without having first obtained a license and paid the required license fee. All licenses shall expire on December 31 following the issuance of the license.

6-5.3. Applications for Licenses. Applicants for distributor's or operator's licenses which are associations shall supply the information required by subsection 6-1.2 for all members of the association. Applicants which are corporations shall supply the information required by subsection 6-1.2 for all officers and directors and for all stockholders of the corporation who own more than 10% of its issued and outstanding capital stock. Corporations shall also supply the name and address of their registered agent. Applicants for licenses under this section shall not be required to supply the physical description and photographs required by subsection 6-1.2 but shall be required to supply a description of the machine or device sought to be licensed.

6-5.4. License Fee. Operators shall pay a fee as set forth in subsection 4-3.1 of this revision. An operator who uses machines owned by him/her in his/her own place of business shall not be required to possess a distributor's license.

6-5.5. Transferability. A license may be transferred from one machine to another by giving notice to the Clerk to that effect and giving a description of the new machine. A license may be transferred from one place to another by giving notice to the Clerk to that effect and supplying the required information as to the new premises.

6-5.6. Location. No mechanical amusement device shall be located in any premises within 500 feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the church or school to the nearest entrance of the premises on which the mechanical amusement device is located or is sought to be located along the route that a pedestrian would normally walk.

6-5.7. Regulations. The following regulations shall apply to all mechanical amusement devices:

a. The premises shall be so arranged as to permit a clear view of the interior from the exterior at all times.

b. No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him/her in the ownership or management of the business or to be in his/her employ or to loiter on the premises.

c. No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical amusement devices except for trophies, plaques or items of a similar nature of nominal value.

d. No operator shall permit any minor under the age of 16 years unaccompanied by a parent or guardian to remain on the premises after 10:00 p.m.

e. No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.

f. No operator shall maintain more than three mechanical amusement devices on any one premises.

6-5.8. Gambling Devices. Nothing in this section shall be construed to authorize any gambling device of any kind whatsoever, including any device that dispenses any kind of payoff or reward, or any device that has been judicially determined to be a gambling device or declared to be a gambling device under any law of the State of New Jersey. If the chief of police has reason to believe any mechanical amusement device is used as a gambling device, (s)he shall cause that machine to be seized and impounded. If after trial it is determined that the machine was in fact being used as a gambling device, it shall be destroyed and the license of the operator or distributor shall be revoked. Revocation of license and seizure of machine are in addition to any other penalty which may be imposed for a violation of this section.

6-6 Truck Transfer Terminals.

6-6.1. Definition.

TRUCK TRANSFER TERMINAL

Any business upon lands or premises for the transfer of materials and other personal property by truck or other motor vehicle on route which stops en route in the Borough.

6-6.2. License Required. No person shall establish, operate, or maintain a truck transfer terminal unless (s)he shall first obtain a license for such truck transfer terminal or business from the Mayor and Council.

6-6.3. Application. Any person desiring to obtain a license shall file with the Borough Clerk a written application, signed by the applicant, setting forth in addition to the information required by subsection 6-1.2:

a. The names and residences of the applicant, if an individual, partnership or firm, or the names of the principal officers and their residences if the applicant is an association or corporation.

b. The name of the record owner of the lands and premises to be licensed.

c. The name of the tenant or lessee of the lands and premises to be licensed.

d. The area to be occupied in the conduct of the business.

e. The nature of goods, merchandise, and chattels to be transported and transferred.

f. The survey of the truck transfer terminal.

6-6.4. Certificate of Occupancy Required. No license shall in any event be issued unless the applicant has obtained a certificate of occupancy for the location to be used as the truck transfer terminal.

6-6.5. Location. No premises shall be used for establishing, operating, or maintaining any truck transfer terminal other than in the industrial zone as set forth in the zoning ordinance of the Borough, nor shall any truck transfer terminal be operated or situated within a distance of 150 feet from premises used exclusively for residential purposes or a school, church or other place of public gathering.

6-6.6. License Fee. The license fee to be paid for a truck transfer terminal shall be as set forth in subsection 4-3.1 of this revision. The license shall be effective from the date of issue to December 31 of the year in which the license is issued, and upon the expiration of any such license, the licensee shall make application to the Mayor and Council for a license to conduct the business for the ensuing year, as provided for in this section.

6-6.7. Transferability of License. No license shall be transferable and any holder of such license who permits it to be used by any other persons shall be guilty of a violation of this section and the license shall be subject to immediate revocation.

6-6.8. Explosives. No explosives, volatile substances or flammable liquids or material shall be stored en route under the terms of this section, except in compliance with the Fire Prevention Code of the Borough, and in further compliance with existing laws and ordinances pertaining thereto.

6-7 Signs and Billboards. [1]

6-7.1. Sign Permit Required. No person shall erect in the Borough any sign which shall extend over any street or sidewalk of the Borough without first obtaining a special permit from the Building Inspector.

6-7.2. Billboard Permit Required. No billboard shall be erected or maintained within the limits of the Borough until after a permit to erect and maintain the same has been secured from the Building Inspector.

6-7.3. Size Restriction. The Building Inspector, in no event, shall issue a permit for the erection of a sign to be constructed or erected over any sidewalk or street in the Borough having an area of more than 24 square feet, nor shall (s)he issue a permit for any sign to be erected less than nine feet above the sidewalk level.

6-7.4. Application; Permit Fee. Every applicant for a permit to erect a sign, which shall extend over any street or sidewalk of the Borough, shall file a written application therefor with the Building Inspector, and upon the issuance of such permit, shall pay a fee as set forth in Subsection 4-6.5 of this revision for each sign to be erected. The sign shall be inspected by the Building Inspector during the course of construction or erection and after completion and, if the same is not properly erected or fastened or if otherwise built in violation of this section, the Inspector may order its immediate removal.

6-7.5. Billboard Location Restriction. All billboards, except as herein otherwise provided, shall be set at least 15 feet inside of the front property line and at least three feet from the side or rear lines.

6-7.6. Construction of Signs. No sign made of inflammable material shall be affixed to the outside of any building, except signs made of wood may be permitted when not exceeding two feet in height and fastened flat against the wall of a building or in front of or on top of the cornice over the first story show windows.

[1] Editor's Note: See also Section 21-20, Sign and Billboards.

6-8 Music Playing or Performance.

6-8.1. Definitions. The following definitions apply to this chapter:

ELECTRONICALLY AMPLIFIED MUSIC

Any music which is transmitted through a sound-amplification device, including live music and music produced by a radio, phonograph, stereo, record player, tape player, cassette player, television, compact disc player, juke box, karaoke, disc jockey or "DJ," MP3, music available on or downloaded from the Internet or any similar sound-making or sound-producing device.

LIVE MUSIC

Any band, orchestra or person or group of people or instrumentalists who play music together as an ensemble or individually, whether or not led by a conductor, whether or not amplified.

SOUND AMPLIFICATION DEVICE

Any apparatus for the amplification of sounds from any radio, phonograph, stereo, record player, tape player, cassette player, television, compact disc player, juke box, karaoke, disc jockey or "DJ," MP3, music available on or downloaded from the internet or any similar sound-making or sound-producing device or any live music, including any apparatus for the amplification of the human voice.

6-8.2. Permit Required. No person occupying or having charge of any building or premises or any part thereof, in the Borough, shall permit or allow in any place open to the general public within the Borough the playing of any electronically amplified or live music as defined by this section to be played without first having obtained a permit from the Borough Clerk upon payment of a fee, as hereinafter provided. Application for such a permit shall be made to the Borough Clerk upon a form to be supplied by the Clerk.

6-8.3. Application.

a. The application for such permit shall contain the following information:

1. Name and address of the applicant, age, date and place of birth; if applicant is a corporation, the names, ages and addresses, dates and places of birth of its officers and directors; if a firm or association, the names, ages, addresses, dates and places of birth of all members.

2. Prior convictions of applicant, if any.

3. Address where the electronically amplified or live music is to be played, performed, located, displayed or operated.

4. Places at that address where the electronically amplified or live music is to be played, performed, located, displayed or operated.

5. Description of the nature of the business conducted at that address.

6. Names and address of the record owner of the lands and premises where the electronically amplified or live music is to be played, performed, located, displayed or operated.

7. Description of the electronically amplified or live music to be covered by the license, including its source and any mechanical features, name or manufacturer, serial number, if applicable.

b. No permit shall be issued to any applicant unless the applicant shall be 18 years of age, or over, and no permit shall be issued to a corporation, firm or association unless all officers and directors of the corporation, or all members of the firm or association, are 18 years of age or over.

6-8.4. Investigation by Police. The Borough Clerk shall refer each application for a permit to the Chief of Police who shall investigate the property owner, applicant and the location whereon it is proposed that electronically amplified or live music is to be played, performed, located, displayed or operated and shall thereafter forward the application to the Mayor and Council with a written report of his findings and recommendations.

6-8.5. Approval; Conditions. All applications for permits must be approved by the Mayor and Council and, after approval, the Borough Clerk shall issue the permit to the applicant upon payment of the permit fee set forth in Subsection 7.10.6 of this section. The Mayor and Council shall be guided by the following standards in deciding upon approval or disapproval of an application for a permit.

a. The applicant, if an individual, or its officers and directors, if a corporation, or the members, if a firm or association, or the partners, if a partnership, shall be:

1. Eighteen years of age or over; and

2. Of good moral character.

b. The applicant's premises, and use thereof, must be in compliance with the Zoning Ordinance and all other rules, regulations, ordinances and laws.

c. In determining the moral character of applicants, as set forth in Paragraph a.2. above, the Mayor and Council shall consider:

1. Penal History. All convictions, the reasons therefore, and the demeanor of the applicant subsequent to his release.

2. Permit History. The permit history of the applicant; whether such person, in previously operating in this or another state under a permit, has had such permit revoked or suspended, the reasons therefore, and the demeanor of the applicant subsequent to such action.

3. General Personal History. Such other facts relevant to the general personal history of the applicant as they shall find necessary to a fair determination of the eligibility of the applicant.

6-8.6. Fee. The annual permit fee for each permit shall be as set forth in Subsection 4-3.1 of this revision. All permits granted pursuant to this section shall continue for a period of one year unless otherwise revoked by the Mayor and Council. All permits shall run from July 1 and expire on June 30 of the next succeeding year of its issuance.

[Amended 2-7-2019 by Ord. No. 19-2]

6-8.7. Hours.

a. No person, firm or corporation or association holding a permit under this section shall allow any electronically amplified or live music to be played or performed: between the hours of 2:00 a.m. and 6:00 a.m. of any day, and shall not permit at any time the playing of electronically amplified or live music to be so loud as to be audible from outside the premises at any location within the Borough, except as provided in Paragraph 8b.

6-8.8. Transferability of Permit. No permit shall be transferable without the consent of the Mayor and Council.

6-8.9. Revocation. The Mayor and Council shall have the right, privilege and power to revoke any permit if it shall appear that the music disturbs the comfort, rest or repose of any person residing in the vicinity of the area for which the permit is issued or if it appears to the Mayor and Council that the playing of music at the time and place is detrimental to the public health, morals, safety or general welfare of the Borough and its inhabitants.

6-8.10. Violations and Penalties. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine of not more than $500. Each day such violation continues shall be deemed to be a separate offense.

6-8.11. Construction and Severability. It is the intention of the Borough of Carlstadt that the provisions of this section be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights consistent with the purpose of this section. Should a court of competent jurisdiction determine that any part of this section or any application or enforcement of it is excessively restrictive of such rights or liberties, then such portion of the section or specific application of the section shall be severed from the remainder, which shall continue in full force and effect.

6-9 Places of Public Amusement.

6-9.1. Permit Required. No public dance, athletic show or exhibition, vaudeville, or theatrical performance, or other game, pastime, sport or assemblage of people therefor shall be given, held, allowed or take place within the Borough unless a special permit shall be obtained.

6-9.2. Application. In addition to the information required by section 6-1, the application shall set forth the place in which and the time when, such dance, athletic show or exhibition, vaudeville, theatrical performance or other game, pastime, sport or assemblage of people therefor, is to be given or held and that the applicant is legally the owner or in possession of such place.

6-9.3. Inspection. The premises mentioned as the place for which the permit is requested shall be at all times open to the visitation, supervision and inspection of the chief or other members of the police and fire departments or of the Mayor and Council during the time for which the permit is issued.

6-9.4. Fees. After an application for any such special permit has been made, and the issuance thereof granted by resolution of the Mayor and Council, a written permit shall be signed by the Borough Clerk under his/her hand and with the seal of the Borough attached, upon the payment to him/her of the license fee as set forth in subsection 4-3.1 of this revision for the following events:

A public dance

An athletic show or exhibition

A vaudeville entertainment

A theatrical performance

Other games, pastimes or sports

6-9.5. Dance Regulations. All public dances shall be attended by two special police officers of the Borough, whose duty it shall be to preserve order thereat. The police officers shall be paid by the person conducting the public dance and shall be selected by the chief of police, who shall, unless otherwise provided by resolution of the Borough Council, fix the amount of compensation to be paid to the officers for their services.

6-10 Bingo Games and Raffles.

6-10.1. Purpose; Administration. This section is for the purpose of regulating all games of chance held, operated or conducted within the Borough, pursuant to the acts of the legislature of the State of New Jersey, known as the "Bingo Licensing Law" and the "Raffles Licensing Law", and in accordance with the rules and regulations issued or to be promulgated by the Legalized Games of Chance - Control Commission in the Department of State of the State of New Jersey. All applications, licenses, and proceedings in connection therewith shall be subject to the provisions of the acts and the rules and regulations, and any laws, rules and regulations hereafter enacted; and shall be further subject to the provisions of this section.

6-10.2. Regulations.

a. Hours. No licensee authorized by law shall hold, operate or conduct any game of chance at the place where the game of chance is being conducted under any license except between the hours of 1:00 p.m. and 3:30 p.m. and between the hours of 7:00 p.m. and 11:00 p.m.

b. Special Police. All games of chance at which the general public may obtain admission shall be attended by two of the special police officers of the Borough whose duty it shall be to preserve order thereat. The special police officers shall be paid by the person conducting the game of chance and shall be selected by the chief of police. Each officer shall be entitled to compensation from the licensee of a sum not to exceed that amount set by resolution of the Mayor and Council.

c. Organizations Eligible for License. No license to conduct a game of chance as authorized by law shall be issued to any organization not having a bona fide situs established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes, as defined by the rules and regulations of the Legalized Games of Chance Control Commission.

d. Games of Chance During Elections Prohibited. No game of chance shall be conducted under any license at any time during which a general, municipal, primary or special election, or board of education election, is being held, while the polls are open for voting at such election.

6-11 Emission of Smoke, Gases or Vapor.

6-11.1. Prohibition. No person within the limits of the Borough, in any manner whatsoever, either directly or indirectly as the owner, tenant or one having an interest in any place or premises in or at which a business is conducted or carried on, shall cause, permit or allow smoke, gases or vapor to be discharged or emitted therefrom into the open air in such quantities or of such kind or character that it invades the rights of other persons or property or affects injuriously the public health of residents of the Borough.

6-11.2. License Required. No person within the limits of the Borough shall conduct or carry on or, as owner or tenant of any premises, permit or allow any business to be conducted or carried on, where, in connection with the operation or conduct of such business there shall be discharged or emitted into the open air any smoke, gas or vapor unless, until and only as long as there shall have been granted and shall remain in force and effect a license so to do, issued by the Mayor and Council of the Borough in accordance with the terms of this section.

6-11.3. License Application. The license referred to in subsection 6-11.2 hereof shall be applied for by written application addressed to the Mayor and Council and filed with the Borough Clerk. Such application shall set forth the full name and address of the applicant, the kind or character of business to be conducted, the location of the place or premises in or at which it is to be carried on, and a detailed statement of the manner in which any smoke, gas or vapor, discharged or emitted, is created or generated and what if any method or device is or will be employed or utilized to control such smoke, gas or other vapor, so as to protect from injury or damage the health and property of other inhabitants and residents of the Borough. The application shall be signed by the applicant or his/her duly authorized representative and shall authorize any and all officers of the Borough charged with the enforcement of this section to inspect such place or premises, either prior to the granting of any license hereunder, or at any time thereafter.

6-11.4. License Fee. The Mayor and Council shall grant such license if it shall appear to that body that the discharge or emission of the smoke, gas or other vapor at the place and in the manner referred to in the application will not be injurious to the health and property of other inhabitants and residents of the Borough. The license shall run for a period of one year from the date of the granting, and a fee as set forth in subsection 4-3.1 of this revision shall be charged for it.

6-11.5. Refusal of License. If, after a public hearing at which the applicant shall be afforded a full opportunity to be heard on his own behalf, the Mayor and Council shall determine that the emission or discharge of such smoke, gas or other vapor at the place and in the manner proposed by the applicant would be injurious to the health or property of other inhabitants or residents of the Borough, such license shall be refused.

6-11.6. Revocation of License. After the issuance of any license hereunder, such license may at any time, upon notice and hearing being afforded the holder thereof, be revoked for sufficient cause.

6-12 Towing of Vehicles.

6-12.1. Purpose. The purpose of this section is to establish, pursuant to N.J.S.A. 40A:11-5(1)(u), a list of towing contractors to provide towing services for the Borough of Carlstadt on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing operators engaged in the removal of motor vehicles.

6-12.2. Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

ABANDONED

Any automobile which is parked without the current year's registration or license plates, as required by law, for a period of more than 48 hours or is positioned so as to constitute an obstruction to traffic.

AUTOMOBILE

A motor vehicle of a passenger, station wagon or sports utility type that is owned or leased and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; a motor vehicle with a pickup body, or delivery sedan, a van, or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual, not customarily used in the occupation, profession or business of the owner(s).

BASIC TOWING SERVICE

The removal and transportation of an automobile from a highway, street or other public or private road, or a parking area, and other services normally incident thereto, but does not include recovery of an automobile from a position beyond the right-of-way or berm, or from being impaled upon any other object within the right-of-way or berm, at the request of authorized personnel or members of the Carlstadt Police Department and may be at the request or call of authorized police personnel when required for vehicles that are abandoned, disabled, damaged in accidents, illegally parked, recovered after being stolen or in the case of an emergency.

CHIEF OF POLICE

The Chief of the Carlstadt Police Department or his/her designee.

COMMERCIAL VEHICLE

Any vehicle other than that as defined as an automobile pursuant to the definitions as contained in this section.

INSIDE BUILDINGS

A vehicle storage facility that is completely indoors, having one or more openings in the walls, for storage and removal of vehicles and that is secured by a locking device on each opening.

MOTOR VEHICLE ACCIDENT

An occurrence in which an automobile comes in contact with any other object for which the automobile must be towed or removed for placement in a storage facility. This includes all situations that are accidental as to the owner or operator of the motor vehicle even if they were caused by the intentional acts of another.

NONBASIC TOWING SERVICE

All towing services that are not basic towing services, as defined herein.

OFFICIAL TOWER

A licensed individual or entity appointed by the Mayor and Council and placed upon the rotation list that performs towing services for the Borough.

OUTSIDE SECURED

An automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high and which facility is to be lighted at night.

OUTSIDE UNSECURED

An automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as inside building or outside secured.

STORAGE SERVICES

The maximum allowable amount of storage charges to be charged per calendar day or part thereof. Each new calendar day period begins at 12:01 a.m.

TOW VEHICLE

Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by manufacturer for the removal or transport of motor vehicles.

6-12.3. Official Towers to be Appointed; Tower's List.

a. The Borough Council shall appoint persons or companies meeting the criteria set forth in this Ordinance and engaged in the business of offering the services of a motor vehicle towing or wrecker service, whereby damaged or disabled motor vehicles towed or otherwise removed from the place where they are damaged or disabled, by use of a tow vehicle, as defined in this chapter. Such persons or companies shall be known as "official towers". The persons or companies designated as official towers shall be included on a rotation list and shall provide basic and nonbasic towing services for the Borough of Carlstadt on a rotating basis. There shall be no more than two official towers at any given time.

b. Official towers shall be identified by means of a license that shall be issued in accordance with the provisions of this Ordinance.

c. By no later than December 1 of each year, applicants shall submit their applications to the Borough Clerk in accordance with the procedures set forth in this Ordinance. Each application shall be accompanied by a detailed certification certifying that the official tower meets the requirements of this Ordinance in regard to the issuance of licenses. Said application and certification shall be submitted to the Chief of Police for his review and approval, Failure to submit the certification or failure to continue to abide by the requirements of this Ordinance in regard to the issuance of a towing license shall subject the official tower to revocation of the license in accordance with the procedures contained herein.

d. The award of a license to the successful applicants shall be subject to compliance with the license requirements of the Ordinance.

e. Licenses shall be awarded pursuant to this Ordinance for a term of one year commencing on January 1 and ending on December 31 of each year.

6-12.4. Services to be Furnished.

a. Official tower shall furnish adequate and proper towing, storage and emergency services to motor vehicles damaged or disabled within the limits of the Borough when requested to do so by the Chief of Police or his authorized designee.

b. No official tower shall subcontract any work to be performed pursuant to this Ordinance except in an emergency situation. The Chief of Police will, within his reasonable discretion, maintain objective guidelines on file as to emergencies and use of subcontractors. Any official tower shall be responsible for the services performed by the subcontractor and shall remain liable for any violation of this Ordinance by the subcontractor.

c. Towing services must be provided on a twenty-four-hour, seven-day per week basis. It is required that a tow vehicle be on the site of the event within 15 minutes of the time of the call from the Police Department. If a towing contractor is called and for any reason does not or cannot perform the requested towing service, the next towing contractor on the list will be called to perform the towing service.

d. If no towing contractor on the rotating list is able to perform towing services when necessary, the Borough is entitled to have said service performed by a contractor not contained on the rotating list.

e. During adverse weather conditions or other emergency conditions, all towing contractors on the rotating list shall give priority to the requests for towing services made by the Borough over requests made by third parties.

6-12.5. Application Process.

a. Applications for inclusion on the official towers' list shall be made to the Mayor and Council upon a form prepared by the Chief of Police and approved by the Borough Attorney and shall contain all of the following information:

1. The name, residence and business address and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than 10% of issued stock.

2. Such information as may be required by the Mayor and Council concerning the personnel, vehicles, equipment storage facilities of such Applicant, as hereinafter provided, showing that the Applicant meets the minimum standards of performance.

3. Policies or certificates of insurance coverage as herein provided.

4. Certification that the applicant will be able to provide towing services anywhere in the Borough with a maximum response time of 15 minutes, except when extraordinary circumstances occur.

5. Certification that the applicant will be available for service 24 hours a day, seven days a week, and that they will abide by the fees contained in or referred to in this section.

6. Consent to appointment of the Borough Clerk as the applicant's true and lawful attorney for the purposes of acknowledging service out of any court of competent jurisdiction to be served against the applicant.

7. A sketch showing the location of the storage area(s), the number of cars that can be stored and the total square footage area of the storage area.

8. Agreement to abide by the general rules and regulations established by the Chief of Police in connection with towing procedures within the Borough.

b. The applicant shall submit completed applications, in duplicate, to the Borough Clerk, who shall forward a copy to the Chief of Police for his review and approval. The review by the Chief of Police shall consist of the following:

1. A background check to determine if either the applicant has been convicted of a criminal offense or the applicant or the applicant's employees have had their driver's licenses suspended or revoked within the past five years. Applicant's conviction of a criminal offense or applicant's or applicant's employees suspension of driver's license within the past five years may because for disqualification from inclusion on the official towers' list.

2. An inspection of the personnel, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the applicant and to determine compliance with applicable laws and regulations and the standards of performance required by this chapter.

c. The Chief of Police shall conduct his review and render a report to the Mayor and Council, recommending either approval or denial of the applicant. The governing body shall take action with regard to the application within 20 days of receipt of the report of the Chief of Police. The applicant, or its representative, shall be given notice of the date on which the governing body will consider the application and shall be permitted to appear and be heard at that time.

d. An applicant may be included on the official towers' list by the Mayor and Council, only by resolution adopted at a regular public meeting, when, after consideration of the application, and from such other information as may otherwise be obtained, the governing body finds that all of the following circumstances exist:

1. The applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this Ordinance.

2. The applicant has met with the standards of this section and has forwarded the required hold harmless agreement and policies or certificates of insurance which shall be reviewed and approved by the Borough Attorney and the Borough's Risk Management Consultant.

3. The application has been reviewed and approved by the Chief of Police.

e. Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Mayor and Council.

6-12.6. Issuance of License.

a. Upon approval of the application as herein provided, the Borough Clerk shall issue the applicant an official towers' license to be utilized in providing services pursuant to this Ordinance.

b. Said license shall be in a form approved by the governing body and contain the following information at a minimum:

1. Name and address of licensee.

2. Number and the license and amount of fee paid.

3. Date of issuance of the license.

4. Signature of the Borough Clerk and the seal of the Borough.

5. A list of all drivers, with evidence of their articulated vehicles driver's license or commercial driver's license.

6. The expiration date of each license.

c. The licenses shall be valid for the one-year period as set forth in this section, shall be nontransferable and shall be subject to revocation by the Mayor and Council for any of the following reasons:

1. If it is subsequently determined that the applicant knowingly and with intent to deceive, made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this Ordinance.

2. Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.

3. Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.

4. Unsatisfactory service provided pursuant to this Ordinance.

5. Failure to annually certify compliance with the requirements of this Ordinance as required by Section 6-12.3C.

d. The fee for the license issued under this section shall be $1,000 per year.

e. Licenses shall not be transferable.

6-12.7. Minimum Standards of Performance. To qualify for inclusion on the list of official towers, applicants must meet the following minimum standards:

a. Minimum Vehicle Requirements. Every official tower shall maintain and have available to render services required by this section a minimum of:

1. At least two wreckers/tow trucks, with a boom rating of at least 25 tons, of such construction and capacity that they will be able to tow any type of vehicle, one of which shall have 30,000 pounds under-reach wheel lifts.

2. Three one-ton tow trucks with one-ton chassis with three ton crane and wheel lifts.

3. Two flatbed-type tow trucks, one of which is at least 26 feet.

4. Equipment for jump starts, the changing of flat tires and portable heavy duty lighting.

b. All equipment shall comply with all state and federal regulations and all vehicle operators shall possess a CDL license for over 18,000 pounds.

c. Each applicant shall submit, along with its application, proof of ownership, lease or other written agreement demonstrating availability as needed of the vehicles which will be utilized to provide services pursuant to this section.

d. Minimum Equipment Requirements.

1. Every tow vehicle or flatbed vehicle shall be equipped with the following:

(a) At least one amber rotating beacon or strobe light mounted on the highest practical location of the vehicle, visible from 360° when in use and visible at a minimum distance of 500 feet during daylight hours.

(b) One snatch block per winch.

(c) Safety tow lights or magnetic tow lights for towing vehicles at night.

(d) Extra chains and cables for pulling or securing a towed vehicle.

(e) At least one of each of the following:

(1) Heavy-duty broom.

(2) Shovel.

(3) Crowbar or prybar.

(4) Set of jumper cables.

(5) Flashlight.

(6) Two-pound or larger fire extinguisher of dry chemical type.

(7) One dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle.

(8) Ten pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway.

(9) A sufficient quantity and types of tools to enable the tow operator to perform proper and adequate emergency service for the tow.

2. Every tow vehicle or flatbed vehicle shall comply with all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Chief of Police or his designee at any time. No changes may be made in said vehicles or equipment unless prior written approval is obtained from the governing body.

3. Every tow vehicle or flatbed vehicle shall display the official tower's license and shall have the name, address and telephone number of the official tower conspicuously displayed on each vehicle as required by statute.

4. Fee cards indicating the maximum rates for towing and storage of a vehicle within the Borough of Carlstadt shall be kept in the possession of each driver and presented to the driver or owner of any vehicle to be towed or stored.

5. All tow vehicles must be equipped with either two-way radio and/or mobile telephone communications equipment with their principal place of business, including their garage and/or facilities to ensure the proper availability of services and equipment on behalf of the Borough and motorists.

6. All tow vehicles shall be properly licensed and registered with the New Jersey Division of Motor Vehicles and each shall display New Jersey commercial license plates or apportioned plates consistent with the law.

e. Minimum Personnel Requirements; Availability and Response Time.

1. Official towers shall have available, at all times, a minimum of three persons with articulated driver's licenses or commercial licenses to provide the services required by this Ordinance. All persons employed by official towers to provide the services required by this Ordinance shall meet the following requirements and be subject to the following regulations. They shall:

(a) Be able to provide minimum road service for disabled vehicles.

(b) Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses.

(c) Obey all traffic laws and regulations.

(d) Be subject to inspection by the Chief of Police of the Borough and shall be approved by the Chief prior to rendering any services pursuant to this Ordinance.

2. Employees of the towing operator, in responding to a call, shall request and be afforded police assistance during the course of providing towing, emergency road services or removal of abandoned, disabled or accident vehicles when such employees find it necessary to turn around, back up, tow in the opposite direction of traffic or cross the median.

3. A towing operator shall not permit a vehicle to be removed from the site of a vehicular accident, the scene of a crime or any other instance or situation without the prior approval and permission of a police officer and/or superior at the scene.

f. Minimum Storage Requirements; Location.

1. Every official tower shall maintain an outside secured storage area meeting the following requirements:

(a) The storage area shall be capable of storing a minimum of 10 passenger vehicles and one tractor and trailer. The area shall have at least 800 square feet of storage facilities to hold and protect "police hold" vehicles.

(b) The location of the storage area shall be within the County of Bergen, New Jersey, in an area north of State Highway Route 3, south of New Jersey Highway Route 46, east of the Hackensack River and west of the Passaic River.

(c) The storage area shall be fully enclosed by a sturdy fence having a minimum height of six feet with at least one lockable gate for ingress and egress and shall be lighted from dusk to dawn.

(d) The storage area shall be in an area legally zoned for such use.

(e) The storage facility shall be available 24 hours a day, 365 days per year and shall be open to the public on weekdays during normal business hours and for four hours on Saturdays. The applicant shall specify the hours that the facility will be open on Saturdays. The applicant is not required to be open on Sundays.

(f) The official tower shall have an employee on duty during all hours in which the storage facility is open.

(g) The official tower shall not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.

(h) The applicant shall, with its application, submit proof of ownership or lease of the storage area.

(i) The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this Ordinance. The official tower shall be liable for any damage incurred by such vehicles while in transit to or while stored in the storage area.

6-12.8. Utilization of the Official Towers' List.

a. Official towers shall be placed on the official towers' list at the beginning of each year in accordance with the procedures as set forth in this Ordinance.

b. Official towers shall rotate on the list for two weeks at a time or for such a period as designated by the Chief of Police. The two-week rotation shall commence at 12:01 a.m. Saturday and terminate at 12:00 p.m. the second Friday thereafter.

c. All requests for service shall be made by the Chief of Police or his official designee.

d. The Borough shall request wrecking, towing and storage services from each official tower in rotation. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tow vehicle is available or if, in the discretion of the Police Chief, or his designee making the request, the response time is insufficient under the circumstances to properly protect the public health, safety or welfare, the next official tower on the list shall be called for that particular towing event.

e. During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the Borough over any other requests that shall be received by the official towers.

6-12.9. Hold Harmless Agreement. Applicant shall agree in writing to assume the defense of and indemnify and hold harmless the Borough, its elected officials, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims, fees, costs, expenses, fines or penalties to which the Borough may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provisions of towing, wrecking, storage and/or emergency services provided at the request of the Borough pursuant to this Ordinance. Official towers shall enter into a hold harmless agreement in a form to be prepared by the Borough Attorney prior to being included on the official towers' list.

6-12.10. Insurance.

a. The Tower shall maintain, during the life of its license, insurance policies of the type and with the minimum limits indicated below and in a form satisfactory to the Borough. The Tower shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the Borough prior to commencement of work. All policies and/or certificates shall be submitted to the Borough Risk Management Consultant for review and approval.

1. Garage Liability Insurance: limit of liability shall not be less than $1,000,000 combined single limit (bodily injury and property damage) per occurrence, including premises operations and products/completed operation.

2. Garagekeepers' Insurance: physical damage insurance policies shall be specifically endorsed to provide "direct primary" insurance, where applicable, for vehicles in tow, possession of, or storage on property owned or controlled by the Tower. Limit of said coverage shall be not less than $500,000.

3. Automobile Liability Insurance: limit of liability shall not be less than $1,000,000 combined single limit (bodily injury and property damage) per occurrence.

4. Excess Umbrella Insurance: Limit of liability shall be not less than $2,000,000 providing protection in excess of the $1,000,000 garage and automobile liability coverage. Note: this requirement may be waived if the limits of liability in paragraphs a1 and 3 are not less than $2,000,000 combined single limit.

5. Workers Compensation Insurance: New Jersey statutory coverage, including employers liability coverage.

b. On all liability policies, the Borough shall be added as an additional insured, and insurance policies and/or certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the Borough.

c. The official tower shall indemnify the Borough and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of act or omission of the Tower, his agents or employees in or due to the execution of the work called for under the contract.

d. Certified copies of all insurance policies provided above or certificates thereof must be furnished to the Borough and be in acceptable to the Borough Attorney and Borough Risk Management Consultant. Each such policy or certificate shall contain a provision that it is not subject to material change, cancellation or nonrenewal unless 30 days' prior written notice via certified mail/return receipt shall have been given to the Borough by the tower's insurer. These must be received 30 days prior to commencement of work.

e. The provider of any insurance required herein does not relieve the official tower of any of the responsibilities or obligations assumed by the Tower for which the Tower may be liable by law or otherwise.

f. If any policies contain deductible or copayments, it shall be responsibility of the official tower to pay such sums at the same time a claim is settled by the Tower's insurance company.

g. If any policies contain limits of liability with an aggregate limit, the official tower or Tower's insurance company shall provide the Borough a statement evidencing the limits of liability required under the contract to be in force quarterly.

h. Failure to provide and continue in force such insurance as required above shall be deemed a violation of this Ordinance and may subject official tower to suspension or revocation of the license issued hereunder.

i. All policies shall be written in either a company licensed to do business in the State of New Jersey or a New Jersey eligible Surplus Lines Company with a minimum Best rating A-VII (A minus seven). They shall be written on an ISO (Insurance Service Office) form or better.

6-12.11. Towing and Storage Fee Schedule.

[Amended 6-17-2020 by Ord. No. 20-5]

a. Fees for towing and storage, to the extent such fees are not specified herein, may not exceed the fees established by the New Jersey State Police.

b. Roadside service.

1. Passenger cars, tire change, jump start: $125 per hour plus parts.

2. Trucks (medium/ heavy): $175 per hour plus parts.

c. Towing.

1. Motorcycles or motor scooters: $150.

2. Light duty (up to 10,000 pounds), hook up: $150.

3. Medium duty (10,001 pounds to 16,000 pounds): $250 per hour.

4. Heavy duty (16,001 pounds and above): $500 per hour.

5. Decoupling fee ( if tow is not performed): 1/ 2 of basic charge.

d. Recovery/winching (in addition to towing, per truck, including driver).

1. Light/medium duty (10,001 pounds to 16,000 pounds): $175 per 1/2 hour.

2. Heavy duty (16,001 pounds and above): $600 per hour.

3. Rotator/crane recovery unit: $1,200 per hour.

4. Tractor with Landoll trailer or detach trailer: $450 per hour.

5. Tractor/transport hauler only: $250 per hour.

6. Refrigerated trailer with tractor: $450 per hour.

7. Box trailer with tractor: $400 per hour.

8. Air cushion unit: $1,000 per hour.

9. Light tower: $250 per hour.

10. Pallet jack: $200.

11. Rollers: $200.

12. Any other specialized equipment: $250 per hour.

13. Loader/backhoe/telescopic handler/bulldozer/bobcat: $300 per hour, each.

14. Forklift: $300 per hour.

15. Dump truck/dump trailer with tractor: $350 per hour.

16. Roll-off with container: $350 per hour plus disposal.

17. Recovery supervisor vehicle: $150 per hour.

18. Scene safety equipment, communications, traffic management, etc.: $250 per hour, each.

19. Recovery support vehicle/trailer, additional recovery equipment: $350 per hour.

e. Storage of vehicles per calendar day (inside rates two times outside rate).

1. Cars/light trucks, ten-foot-by-twenty-foot space: $45 per day.

2. Trucks (dual wheels)/single axle: $90 per day.

3. Tractor/dump truck/tractor and trailer combo/trailers: $125 per unit, per day.

4. Buses: $150 per day.

5. Roll-off: $125 per day, each.

6. Cargo/accident debris/load storage/vehicle components: $45 per space used, per day.

7. Rental of any tow-company-supplied trailer post-accident: $500 per day.

f. Mileage fees.

1. There shall be no mileage fees for medium-duty and heavy-duty vehicles charged to an owner or driver for any mileage within the borders of the Borough of Carlstadt or for any mileage within the borders of the Borough to the tow operator's facility. Mileage fees are permitted for light-duty vehicles at the rate of $6 per loaded mile within the Borough or to the tow operator's facility. Alternate-destination tows will be negotiated between the towing company and the owner or driver.

2. Fees for towing vehicles into or out of the Borough of Carlstadt must be agreed upon by the owner of any such vehicle, in writing, prior to the vehicle being towed. The owner or operator of a vehicle shall have the right to select a tower of his or her choice, including towers with a place of business outside of the Borough, provided that such disabled vehicle is not then interfering with the vehicular or pedestrian flow of traffic and that the location of such vehicle does not present a danger to vehicular or pedestrian traffic.

g. Additional services.

1. Accident minor clean-up and disposal of debris: $75 per hour (one-hour minimum), plus absorbent material used.

2. Recovery supervisor and/or Level III specialist: $225 per hour.

3. Certified towing operator: $125 per hour, per man.

4. Manual laborers: $100 per hour, per man.

5. Fuel HazMat/spills clean-up and disposal: time and material.

6. HazMat and trash recovery: surcharged 10%.

7. Subcontractor mark-up: 10%.

8. Administrative charge (only after third visit to vehicle): cars only, $50.

9. Administrative charge (medium/heavy trucks): $200.

10. After-hours release: $75.

11. Notification documentation fee: $50.

12. Tarping/wrapping vehicles: $90 car; $250 truck.

13. Go jacks/skates: $40.

14. Borough administration fee: $35.

15. For anything not covered in this rate list, the usual and customary fee should apply.

h. Fee cards. Fee cards conspicuously indicating the maximum rates for towing and storage of a vehicle within the Borough shall be kept in the possession of the drivers of all wreckers and presented to the driver or owner of any vehicle to be towed.

i. Itemized bill. The owner and/or occupier of any towed vehicle shall be presented with an itemized bill detailing all of the charges which the tower has billed on or before payment has been made by such vehicle owner.

6-12.12. Miscellaneous Provisions.

a. Copies of this Ordinance and the schedule of fees that are to be charged by official towers shall be made available to the public during normal business hours at the Borough Clerk's office and the Police Department. Copies shall also be made available to the public at each official tower's place of business. A copy of this Ordinance will be sent to the New Jersey Local Finance Board.

b. All official towers shall post, in a prominent place at each storage area clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this Ordinance.

c. The Borough reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.

d. The relationship between an official tower and the Borough is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the official towers' list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit sharing agreement.

e. The municipality shall not be liable or responsible for compensating the official towers for any of the services performed under this section unless those services are performed for vehicles owned by the Borough. Compensation shall be the responsibility of the owner of the towed motor vehicles, and the official tower shall proceed directly against the owner in the event of nonpayment.

f. The official tower shall, at all times, be solely responsible for the conduct of its employees. No licensee shall discriminate as to hiring or employment practices. Licensee shall be required to sign a nondiscrimination statement.

g. The official tower shall send a copy of each tow within the Borough of Carlstadt to the Carlstadt Police Chief or his designee. The official tower shall deliver this to the Carlstadt Police Department prior to their two-week rotation. The Police Chief or his designee shall include this in the monthly report to the Police Commission.

h. The official tower shall comply with all state and federal laws and regulations concerning wages, hours and terms of employment.

6-12.13. Dispute Resolution and License Suspension or Revocation.

a. All complaints received by the Borough involving the improper or unsatisfactory performance of services by an official tower shall be immediately turned over to the Police Chief who shall provide written notice of the same to the official tower involved, with copies to the Mayor and Council and Borough Administrator. The tower shall have the opportunity to respond, in writing, within seven days.

b. Within 14 days of receipt of the Tower's response, or within 21 days of receipt of the complaint if no response is received, the Police Chief shall present the matter to the governing body.

c. The Mayor and Council shall, thereafter, consider the matter at a meeting and may request that the complainant and the tower involved appear and give testimony regarding the complaint.

d. After considering the matter, the Mayor and Council, shall make known its determination on the record and, if finding in favor of the complainant and against the official tower, may consider and impose the following penalties:

1. Suspension of the official tower's license.

2. Revocation of such license for a fixed period or duration.

3. Permanent revocation of the official tower's license.

4. Such other penalty as the Mayor and Council deems just and appropriate under the circumstances.

e. In considering the imposition of a suspension, revocation or other penalty, the Mayor and Council shall take into account factors, including, but not limited to, any prior violations of the Tower, the nature and seriousness of the complaint and the danger to the health, safety and welfare of the public.

f. Failure to surrender the license upon revocation shall constitute of violation of this Ordinance.

g. Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against an official tower in a court of competent jurisdiction.

6-12.14. Violations and Penalties; Enforcement.

a. Any person who shall violate any provisions of this Ordinance shall, upon such determination of the governing body, be punished by a fine not to exceed $1,000; and each violation of any of the provisions of this Ordinance and each day the same is violated shall be deemed and taken to be a separate and distinct offence.

b. In addition to the fine provided above, the violation of the provisions of this Ordinance shall be cause for the suspension or revocation of the official Towers license.

c. The Borough Police Department or any member thereof is hereby declared to be the enforcement agency of this Ordinance in accordance with due process law.

6-12.15. Additional Restrictions and Requirements.

a. Abandoned and Unclaimed Motor Vehicles; Auctions.

1. A "junk vehicle" shall be defined as a motor vehicle incapable of being operated safely or of being put in a safe operational condition except at a cost in excess of the value thereof. If the vehicle is unclaimed by the owner or other persons having legal right thereto for a period of 15 business days, the licensee shall notify a designee of the Police Department that the vehicle has been held for the statutory time and that the vehicle is ready for sale.

2. An "abandoned vehicle" shall be defined as a motor vehicle which cannot be certified for a junk title certificate pursuant to N.J.S.A. 39:10A-3. If the vehicle is unclaimed by the owner or other persons having legal right thereto for a period of 20 business days, the licensee shall notify a designee of the Police Department that the vehicle has been held of the statutory time and that the vehicle is ready for sale.

3. The Carlstadt Police Department, on behalf of all the licensees hereunder, shall be charged with the obligation to obtain junk titles from the Commissioner of the Motor Vehicle Commission whether any such vehicle is denominated as a junk vehicle and/or an abandoned vehicle pursuant to N.J.S.A. 38:10A-1 et seq. For purposes of this section, all such licensees shall be defined as a "motor vehicle repair facility" by either trade name and/or corporate designation. The owner of vehicles towed by order of the Police Department for violations of law and/or are deemed to be abandoned shall be subject to provide any licensee hereunder with the necessary title provided for in N.J.S.A. 38A:10A-1 et seq.

4. Procedure for Action of Abandoned and Unclaimed Motor Vehicles:

(a) On a monthly basis, each licensee shall forward to the Chief of Police, or his designee, a report listing all vehicles still in storage that remain unclaimed by the owners. This list will also indicate those vehicles qualified to be processed for a "junk title" based upon their physical and/or mechanical condition. The Chief of Police, or his designee, will then process the necessary paperwork through the NJMVC to obtain a junk title for the abandoned/unclaimed vehicle. Upon receipt of the title the Borough of Carlstadt will then turn over the junk title to the licensee for proper disposal of the vehicle.

(b) If a vehicle is deemed worthy of auction, then the Borough of Carlstadt will process vehicle as per the requirements provided by NJMVC in "Public Agency's Guide to Abandoned & Unclaimed Vehicles" [OS/SS-322(R/15)]. The Borough of Carlstadt will hold auctions at the Carlstadt Memorial Building within a reasonable amount of time from receipt of the OS/SS-88 from NJMVC. The Borough of Carlstadt will establish the open bid based on local current market value as required by the NJMVC.

(c) If the vehicle is sold a public auction, the licensee will be paid any towing and storage charges due, the Borough will be reimbursed any fees incurred to conduct the action, and then the remainder will go to the Borough of Carlstadt Treasurer for receipt. The Borough of Carlstadt will provide the buyer all the necessary paperwork to obtain a title in their name. However, the vehicle will not leave the licensee's location until the vehicle is titled in the buyer's name and there is proof of insurance provided to the Borough of Carlstadt. The licensee will give the buyer 48 hours to obtain necessary paperwork and release before storage fees resume at the Borough authorized rate.

(d) If the vehicle is not sold, then the Borough of Carlstadt will complete the process, obtain a valid title, and turn the title over to the licensee. In the event the proceeds do not cover the outstanding towing and storage charges, then the excess will be waived by the licensee and no further funds will be due from the Borough of Carlstadt or the purchaser of the vehicle.

5. This section will be administered in accordance with N.J.S.A. 39A:10-1 et seq.

6-12.16. (Reserved)

6-12.17. (Reserved)

6-12.18. (Reserved)

6-12.19. (Reserved)

6-13 Outdoor Sidewalk Cafes.

6-13.1. Title. This title of this section shall be outdoor sidewalk cafes.

6-13.2. Purpose and Intent. The purpose of this section is to provide for outdoor sidewalk cafes within certain areas in the Borough.

6-13.3. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADJACENT BUILDING

The building whose principal facade fronts on the sidewalk where the outdoor sidewalk cafes is or is proposed to be located.

ADULT PATRON

See "patron, adult."

FAST FOOD ESTABLISHMENT

An establishment serving food for consumption by the public on its premises, whether free or for cost and where such food is served to seated or standing patrons on utensils manufactured of a nonpermanent and/or nondurable material such as plastic, resin, paper or other synthetic materials not intended or capable of reuse and such service is not by waiters or waitresses employed exclusively for that purpose. Fast food restaurants are not permitted to be licensed under hot dog stands, delicatessens, pizza parlor or other entities commonly referred to as a fast food restaurant or establishment such as McDonald, Burger King, Nathan's, KFC or the like.

FURNITURE

Tables, chairs and servers normally associated with dining activity. Except for table umbrellas, no establishment licensed under this section shall use furniture fabricated or manufactured with materials containing more than 25% of synthetic content such as plastic or resin. Lawn furniture or the like will not be permitted.

OUTDOOR SIDEWALK CAFE

A restaurant, as defined herein, serving food to be consumed by adult patrons seated at furniture located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street. The principal facade of the adjacent building and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street.

PATRON, ADULT

A member of the general public aged 18 years old or older. Except when accompanied by an adult patron, no member of the general public under the age of 18 years old shall be permitted to be served at any outdoor sidewalk cafe by any establishment licensed under this section.

PERMITTED ZONES

Commercial zones, mixed commercial zones and light industrial zones, all as defined in Chapter XXI, Zoning, and as shown on the zoning map of the Borough of Carlstadt.

RESTAURANT

An establishment located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by adult patrons on its premises, whether free or for cost and where the food to be consumed is served to adult patrons seated at furniture by waiters or waitresses employed exclusively for that purpose on utensils of permanent and durable material designed and capable of being reused and shall include, but not be limited to, a restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich shop and the like, other than a fast food establishment as defined herein.

SIDEWALK

The paved surface provided for the exclusive use of pedestrians and situated between, and extending from, any building to the curb of any street. For the purpose of this section the area normally being the area between the paved sidewalk and the curb and surface with cement, brick or stone pavers or any acceptable surface material other than dirt and/or vegetation is considered to be part of the sidewalk. Utensils. Dinnerware, eating utensils such as knives, forks, spoons, coffee or tea cups, drinking glasses, napkins, tablecloths and the like.

6-13.4. Application; Layout Plan.

a. The applicant shall file an application describing the layout plan and file the application in the zoning office. The layout plan is to include:

1. A description of the proposed design and location of the outdoor sidewalk cafe and all temporary structures, equipment, furniture and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings/umbrellas, lighting and electrical outlets, if any.

2. A statement of seating capacity of the proposed outdoor sidewalk cafe and the existing restaurant actually operated by the applicant in the adjacent building.

3. A diagram demonstrating that the pedestrian traffic along the sidewalk where the outdoor sidewalk cafe is proposed to be located will in no way be impeded and that the provision of paragraph 6-13.10c, below, shall be satisfied.

4. A description of the proposed location of the outdoor sidewalk cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.

b. The layout plan shall be referred to the Zoning Official, or other appropriate official designated by the Mayor and Council from time to time, to review such plans. Such official shall thereupon recommend approval, disapproval or modification of the layout plan within 10 business days following its submission to the Borough. The Zoning Official may also refer the layout plan to the Fire Official, Health Officer, Borough Engineer or any other appropriate municipal agency or department for any clarification of any issue regarding the layout plan in relation to public safety or health issues for review and recommendations for approval by the Mayor and Council.

6-13.5. Insurance Required.

a. No outdoor sidewalk cafe license shall be issued unless the licensee shall have first filed with the Borough Clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than $500,000 to satisfy all claims for damages by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.

b. The insurance policy shall provide that the insurance company shall notify the Borough 10 days prior to cancellation or a substantial change in coverage.

6-13.6. Indemnification Agreement Required. No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Borough Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Borough, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such outdoor sidewalk cafe.

6-13.7. Maintenance Agreement Required.

a. No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Borough Clerk a maintenance agreement pursuant to which the licensee shall agree, at the option of the Borough, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the cafe or to reimburse the Borough in full for all costs and expenses incurred by it in making any such repairs.

b. The Borough Clerk may require a bond to be filed by the licensee in amount to be fixed by the Borough.

6-13.8. License Fee. The fee for an outdoor sidewalk cafe license shall be as set forth in Subsection 4-3.1.

6-13.9. Term of License; Renewals. All outdoor sidewalk cafe licenses shall be issued for the nine-month period commencing March 1 and ending November 30 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this section.

6-13.10. Rules, Regulations and Specifications. An outdoor sidewalk cafe authorized and operating pursuant to this section shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution of the Borough Council.

a. The cafe shall be operated and maintained in accordance with the layout plan as finally approved.

b. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.

c. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way that less than 2 1/2 feet of paved sidewalk remains for the exclusive use of pedestrians, the required pedestrian passageway, nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.

d. Service in the outdoor sidewalk cafe shall be provided by persons engaged or employed for that exclusive purpose and shall be furnished to seated patrons only.

e. The sidewalk area utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided as required by the operator of the outdoor sidewalk cafe. Sidewalk areas shall be kept clean during hours of operation. Litter shall not be permitted on adjoining sidewalks or property. Sidewalks must be swept daily and debris placed in appropriate containers, not in the street or gutter. Sidewalks shall be washed as necessary.

f. Noise shall be kept at such a level as to comply in all respects with these Revised General Ordinances of the Borough of Carlstadt. Sound systems are prohibited.

g. Outdoor sidewalk cafes shall be permitted to operate only within the permitted zones and only from 7:00 a.m. until 11:00 p.m. during the months of April to October, inclusive.

h. Within one hour after the closing of the outdoor sidewalk cafe, the operator shall have all furniture, apparatus, decoration or appurtenances and any other items used in connection with the operation of such outdoor sidewalk cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.

i. The operator shall comply with all the requirements of N.J.A.C. 8:24-1, et seq., and N.J.S.A. 24:15-1, et seq.

j. The outdoor sidewalk cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and extension.

k. All food preparation shall be in the regular kitchen area of the related restaurant and will not be permitted outside in the sidewalk cafe area.

l. Restaurateurs are prohibited from serving drivers or passengers while they are sitting in cars at the curb or in the street. All patrons must be seated at furniture, as defined in subsection 6-13.3, throughout their meal.

m. The operator shall comply with all other ordinances of the Borough.

n. The Borough retains the right to temporarily suspend an outdoor sidewalk cafe license to allow for construction activity, utility repairs, special events or for any reason deemed appropriate.

6-13.11. Alcoholic Beverages Prohibited. No alcoholic beverage service or consumption of alcoholic beverages are permitted by any licensee under this section. The sidewalk area upon which an outdoor sidewalk cafe has been authorized to operate pursuant to this section shall not constitute premises duly licensed for the sale and consumption of alcoholic beverages to serve or permit to be consumed alcoholic beverages at any outdoor sidewalk cafe licensed under this section.

6-13.12. Notice of Violation. Upon a determination by an officer or employee of the Borough charged with the responsibility for enforcing the provisions of this section that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation with 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor sidewalk cafe license shall thereupon and automatically be revoked.

6-13.13. Revocation of License; Hearing. Upon revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Borough Council within 14 days of the date of its request.

6-13.14. Violations and Penalties. Any person convicted of a violation of any of the provisions of this section shall be subject to a fine not to exceed $500. Each violation of any subsection and each day that a violation continues shall constitute a separate offense.

6-13.15. Enforcement. The Borough zoning official shall be responsible for licensing and the collection of fees. This section shall be enforced by the zoning official, the police department, the board of health as to the sanitary code, the superintendent of public works as to trash, litter and recycling regulations, the fire safety official, the construction official or any other Borough official as designated by the Mayor and Council.

6-14 Hotels and Motels.

6-14.1. Purpose. This chapter is regulatory and not for revenue purposes and is enacted to safeguard the health, welfare and safety of the occupants of hotels and motels covered thereby.

6-14.2. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

HOTEL

Every building kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to transients in which 10 or more rooms are rented, furnished or unfurnished, with or without meals, for the accommodations of such guests, or every building, or part thereof, which is rented for hire to 25 or more persons for sleeping accommodations.

MOTEL

Every building, or group of buildings, used as a hotel in which the rooms are accessible from an outdoor parking area, regardless of the number of rooms which are kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to transients, furnished or unfurnished, with or without meals, for the accommodation of such guests.

6-14.3. Application for Permits.

a. No building, or parts of a building, shall be used as a hotel or motel prior to the person desiring such use making application and receiving a permit from the Zoning Code Enforcement Official. The application shall be on the form adopted by the Governing Body and shall be signed and sworn to by the person, or his/her authorized representative, desiring such use.

b. The application must be in writing and shall set forth the name of the applicant, his/her address, occupation, the location of the building, the number of rooms therein and the number of stories and height and shall designate the rooms which are to be occupied as sleeping rooms.

c. A fee of $250 shall be paid at the time of presentation of the application to the Zoning Code Enforcement Official for the permit required herein, which fee shall be turned in to the treasury of the Borough.

6-14.4. Issuance of Permit.

a. Such permit shall be issued only to persons of good moral character and shall not be transferable.

b. A permit shall be issued only for a building meeting the requirements of this chapter and to the person desiring actually to use the building as a hotel or motel. The permit shall terminate at any time after its issuance in the event that the use of the building for such purpose shall cease or the building shall be declared by the Zoning Code Enforcement Official not to be in compliance with this chapter.

c. Such permit shall be signed by the Zoning Code Enforcement Official and shall be posted in a prominent place in the building at all times.

d. All permits shall run from January 1 of each year and shall terminate on the last day of December of the same year.

e. Application for renewal of permits must be made as if an original permit is applied for.

6-14.5. Permit Approval. Before any permit is issued for any building for any of the purposes aforesaid, the Zoning Code Enforcement Official shall receive the written approval from the Chief of Fire Safety that the building complies in all respects with their Uniform Fire Safety Act.

6-14.6. Conditions for Hotel Permit. No permit shall issue for the use of any building as a hotel unless the building complies with the permit requirements of N.J.S.A. 55:13A-1.

6-14.7. Compliance with Regulations. The permittees shall at all times comply with all local, county and state requirements and all fire and police regulations and the requirements of the Building Code of the Borough of Carlstadt and regulations prescribed by the statutes of the State of New Jersey.

6-14.8. Premises Requirements.

a. Fire Escapes. No permit shall issue for the use of any building as a hotel or motel unless the building complies with this chapter in the following respects:

1. Fire escapes must conform to the Law of the State of New Jersey in buildings subject to such laws, and, in addition thereto, a red light on the passageway or doorway leading to such fire escapes shall be lighted at all times, and doors leading to such fire escapes shall be unlocked from the inside at all times.

2. In any multiple dwelling not subject to N.J.S.A. 55:13A-1, et seq., there shall be installed in every room available for sleeping accommodations above the first floor a nonmechanical portable fire escape of nonrope construction, which shall be of a reversible type and capable of having a tensile strength of 800 pounds, which escape must be approved by the Chief Fire Official. The escape shall be securely fastened to the wall or window head in the bedroom and shall be enclosed in a metal box, at all times accessible, with instructions for use on the cover of the box.

b. Limitations; Registration Card.

1. No Permanent Residents. The sleeping accommodations of a hotel or motel shall be rented only for the use of transient occupants and shall not be used or occupied under any permanent basis, and no such occupant shall be deemed to be a resident therein. No rental space therein shall be occupied by the same guest or guests for a consecutive period exceeding 60 days.

2. Maintenance of Register.

(a) Each permittee, through its agent, shall cause to be maintained on the licensed premises a complete register consisting of consecutively numbered cards, no less than four by 5 1/2 inches. Each card shall have the name and address of the licensed premises plainly printed on the top and shall contain the following information on each person using any room in such premises:

(1) Correct name and permanent address, designating street and number, city and state.

(2) Actual hours of occupancy indicating check-in time, checkout time and room number.

(3) Correct license or registration number, state of registration and make of any vehicle or conveyance.

(b) Each registration card shall be kept for a period of at least five years, and shall remain on the premises at least one year after the checkout date.

(c) In case a reference book or other record is kept in addition to the register, the information therein required, in whole or in part, may be kept in such reference book or record, and all entries therein shall be a part of the hotel or motel record and shall be subject to the same inspection as the standard hotel register.

c. Proof of Identity. A permittee shall have the authority to ask the head of a party, or any person renting accommodations on the licensed premises, for written evidence of his or her identity and residence and, in addition thereto, the full and true name and address of each member of his or her party; and in the case of an operator of a motor vehicle, the state and license or registration number of the motor vehicle conveying him or her to the licensed premises.

d. Use of Accommodations for Immoral or Illegal Purpose. In addition to the other rules and regulations proposed hereunder, no licensee shall knowingly rent, allow or permit any room on the licensed premises to be used for any immoral or illegal purpose, and the failure to set forth the true identity of, and correct hours of occupancy by, any person shall be deemed to show knowledge on the part of the license holder of such immoral or illegal purpose or use.

6-14.9. False Registration. It shall be unlawful for any person to write, or cause to be written, in any register in any hotel or motel any other or different name than the true name of such person or the name by which such person is generally known.

6-14.10. Inapplicability to Hotels Having Over 100 Rooms. Nothing in this section shall be construed in any way to apply to any duly licensed hotel having more than 100 sleeping rooms for guests.

6-14.11. Revocation of Permit.

a. Permits issued under this section may be revoked by the Zoning Code Enforcement Official whenever it shall be found that the permittee, or owner, agent, servant or employee of the permittee, has violated any provision of this section or permitted the same to be violated or has violated any other ordinance of the Borough or any statute of the State of New Jersey in the conduct of business for which this permit is granted; provided, however, that no such permit shall be revoked unless charges, in writing, shall first have been filed with the Borough Clerk, setting forth with reasonable certainty the nature of such charges against the permittee. Upon the filing of charges, the time and place for the hearing on the charges shall be fixed and a copy of the charges as filed, together with notice of the time and place of hearing, shall be served on the permittee at least five days prior to the date fixed by the Zoning Code Enforcement Official for the hearing.

b. Any notice of charges against the permittee shall be served either:

1. By delivering a copy personally to the permittee; or

2. By leaving a copy with some person of suitable age and discretion in the place of business of the permittee or, if no such person can be found at the place of business of the permittee, by leaving a copy of such notice for the permittee at his/her place of business, as set forth in the application for license.

c. At the hearing of the charges, the permittee shall have the right to appear and defend the charges and, if (s)he so desires, to be represented by counsel.

6-14.12. Enforcement. The authority and duty to carry out the provisions of this section shall be vested in the Zoning Code Enforcement Official in conjunction with and with the cooperation of the Chief Fire Official.

6-14.13. Time for Inspection. Any inspection which may be made by the Construction Code Official, the Police Department, Fire Department, or anyone duly authorized by either the Zoning Code Enforcement Official, the Chief Fire Official, or the Chief of Police, to make such inspection or inspections, may be made at all reasonable hours before or after the permit is issued.

6-14.14. Violations and Penalties.

a. Any person engaging in the business of keeping a hotel or motel without having obtained a permit therefor, or any person who shall violate any provision of this section, shall, upon conviction thereof before the Municipal Court, be subject to a fine not exceeding $1,000 or to imprisonment for a period not exceeding 90 days, or both, the amount of such fine and imprisonment, within the limitation aforesaid, to be determined in the discretion of the Municipal Judge.

b. Any corporation which, by its officers, agents or employees, shall violate any provision of this section shall, upon conviction thereof before the Municipal Court, be subject to a fine of not more than $1,000, the amount of such fine, within the limitations aforesaid, to be determined in the discretion of the Municipal Judge.

c. An action at law may also be taken in the name of the Mayor and Council to compel compliance with this section or to prevent, enjoin or restrain the use of any premises where the use of such premises is a violation of any provision of this section.

6-15 Regulating Practice of Massage Therapy.

6-15.1. License Required. No person shall be permitted to operate a massage establishment or be engaged or employed in the Borough as a massage technician for which any form of compensation is charged or accepted, without first having obtained a license from the Carlstadt Borough Clerk, with the approval of the governing body. The license, when issued, is personal and shall not be construed to grant a certification of occupancy or approval for the use of any premises or location.

6-15.2. Definitions.

EMPLOYEE

Any person other than a massage practitioner who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.

HEALTH OFFICER

Any person(s) who provides Municipal Sanitarian/Health Services to the Borough.

LICENSEE

The operator of a massage establishment.

MASSAGE

Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hand, feet or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oil, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where any person, firm, association or corporation engages in, carries on, or permits to be engaged in or carried on any of the activities mentioned in the definition of massage.

MASSAGE TECHNICIAN

Any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study at a school of massage. The art of body massage either by hands or with mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring; the use of oil rubs, heat lamps, salt glows, tub, shower or cabinet baths. The following procedures may be employed: stroking, friction, kneading, vibration, percussion or gymnastics. Massage technicians, shall not diagnose or treat classified diseases nor practice spinal or other joint manipulations nor prescribe medicines or drugs.

PATRON

Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give other consideration therefor.

PERSON

Any individual, partnership, co-partnership, firm, association, joint-stock company, corporation or combination of individuals of whatever form or character.

SEXUAL OR GENITAL AREA

Genitals, anus or perineum of any person, or the breasts or vulva of a female.

6-15.3. Application for License.

a. Any person desiring a license under this section shall file with the Borough Clerk an original and four copies of an application, under oath and in writing, on a form furnished by the Borough Clerk.

b. The application shall set forth the following information:

1. Type of license being applied for: massage technician/practitioner, massage establishment, or renewal of previously issued unexpired Borough of Carlstadt license.

2. The applicant's name, business name and business address.

3. Whether the applicant is an individual, a partnership, a corporation or another entity, and, if another entity, a full explanation and description thereof.

4. If the applicant is an individual, the applicant's residential address and date and place of birth.

5. If the application is a partnership, the full names, residential addresses, dates and places of birth of each partner.

6. If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the names and addresses of the registered agent and the address of the principal office.

7. Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime, and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof.

8. The name and address of any and all previous locations the applicant may have owned, operated or been employed by that provided massage therapy or similar services.

c. Upon receipt of such application, the Borough Clerk shall submit the same to the Police Department, Zoning Department and Health Department for reports with reference to the compliance or noncompliance of the applicant and/or premises with Borough and state rules, regulations, statutes and ordinances and the truth of the matters contained in the applications.

d. Upon receipt of such application and reports, the Borough Clerk shall submit same to the Borough Council for its consent and approval as to the issuance of the license, which shall be given by resolution.

e. The Borough Council shall consent to and approve the issuance of such license, unless it reasonably finds that the applicant's character and business responsibility are not satisfactory; that a violation of municipal or state rules, regulations, statutes or ordinances exist; that untrue matters are contained in the application for such license; that the issuance of such license will tend to create a nuisance; or that the issuance of such license will adversely affect the good government, order and protection of persons and property and the preservation of the public health, safety and welfare of the Borough and its inhabitants. The Borough Council shall determine that the applicant's character and business responsibility are satisfactory unless the application, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:

1. Conviction for a crime involving moral turpitude.

2. Prior violations of statutes, ordinances or regulations relevant to the furnishing of massage therapy.

3. Concrete evidence of bad character.

4. Grounds similar to those listed above which would reasonably cause the Borough Council to determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof, is not satisfactory.

f. Upon the consent and approval of the Borough Council to the issuance of such license, the Borough Clerk shall issue the same; subject, however to such appropriate conditions and safeguards, if any, consistent with the intent and purpose of and reasonably necessary to accomplish the objectives of this section.

6-15.4. Requirements for Licensure.

a. Massage Establishment. No such license shall be issued to any person:

1. Under 18 years of age;

2. Convicted of a crime of moral turpitude or any sex related offenses;

3. Unless the person is in compliance with the standards and applicable laws pertaining to massage therapy as regulated by the New Jersey Board of Nursing;

4. Unless the applicant accurately and correctly completes a comprehensive written application, in a form to be provided by the Police Department, which application, among other things, requires a detailed description of the applicant, including photographing and fingerprinting by the Carlstadt Police Department, and prior residence and employment of the last 10 years, to include addresses and points of contact;

5. Unless a license fee as set forth in Subsection 4-3.1 of this revision is received. An additional fee will be charged for State Police fingerprinting fee made payable to New Jersey State Bureau of Investigation;

6. Unless that person has disclosed the funding source for opening the establishment and all parties who hold an interest in the establishment of 10% or greater;

7. Unless documentary proof of liability insurance is submitted;

8. Unless all building, zoning, health and fire codes are complied with and satisfactory inspection certificates are granted.

b. Massage Practitioner. No such license shall be issued to any person:

1. Under 18 years of age;

2. Convicted of a crime of moral turpitude or any sex-related offenses;

3. Unless that person is in compliance with the standards and applicable laws pertaining to massage therapy as regulated by the New Jersey Board of Nursing;

4. Unless documentary proof of liability insurance is submitted;

5. Unless the applicant accurately and correctly completes a comprehensive written application, in a form to be provided by the Police Department, to include among other things, a detailed description of the applicant to include photographing and fingerprinting and prior residence and employment of the last 10 years to include addresses and points of contact;

6. Unless a license fee as set forth in Subsection 4-3.1 of this revision is received.

6-15.5. Display of License. Every license must be conspicuously placed at all times within the premises where such activity is being performed.

6-15.6. Submission of Certification. Each applicant must submit in writing to the Board of Health a certification stating the location of the place of business and hours of operation. Said location shall be inspected by the Health Officer prior to the issuance of any license. Following the issuance of a license by the governing body, said location shall be further subject to inspection at no less than six-month intervals.

6-15.7. Term of License.

a. Massage Establishment. Every massage establishment license issued pursuant to this section shall expire at the end of the calendar year or unless sooner suspended or revoked and may be renewed upon compliance with the licensure requirements above, except that the renewal fee shall be $250 annually.

b. Massage Practitioner. Every massage practitioner license issued pursuant to this section shall expire at the end of the calendar year or unless sooner suspended or revoked and may be renewed upon compliance with the licensure requirements above, except that the renewal fee shall be $100 annually, if previous Carlstadt-issued license has expired more than 30 days, and $25 for current unexpired Carlstadt-issued license. A copy of previous licensed must accompany application for renewal.

[Amended 12-6-2018 by Ord. No. 18-13]

6-15.8. Operating Requirements.

a. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

b. Price rates for all services shall be prominently posted in the reception area and in each massage room in a location available to all prospective customers. Such posting shall include a statement as follows: "Pursuant to the Ordinances of the Borough of Carlstadt: The genital areas of all customers shall be covered at all times when in the presence of an employee. No employee or patron shall touch or fondle in any manner the sexual or genital area of any person. Any person or customer violating this ordinance shall be subject to prosecution under this and applicable state law."

c. All employees, including massage practitioners, shall be clean and wear clean, nontransparent outer garments covering the sexual and genital areas.

d. All massage establishments shall provide clean, laundered sheets, towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.

e. The sexual or genital area of patrons must be covered by towels or cloths and undergarments when in the presence of an employee or massage technician.

f. It shall be unlawful for any person, knowingly, in a massage establishment to place his or her hand upon, to touch with any part of his or her body or to fondle in any manner a sexual or genital area of any other person.

g. No massage technician, employee or operator shall perform, offer or agree to perform, any act which would require the touching of the patron's genital area.

h. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned each day.

6-15.9. Revocation of License. The conviction of any applicant or licensee of any Sanitary Code violation related to licensee's business or any criminal offense, quasi-criminal offense or any sex-related offense shall constitute an immediate forfeiture of their license, and said license shall be deemed revoked.

6-15.10. Violations and Penalties. Any violation by the licensee of any of the provisions of this section shall be grounds for the immediate revocation of a license. However, the license shall not be revoked until a hearing therein Shall have been had before the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least 72 hours prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking the license. Notice may be given either by personal delivery or by regular mail to the address listed on the license. At the hearing before the Board of Health, the licensee shall have an opportunity to answer and may thereafter be heard and upon due consideration and deliberation by the Board of Health, the Board shall make a recommendation to the governing body as to whether the license should be revoked or the complaint may be dismissed, the governing body shall after due consideration of the Board of Health's recommendation either revoked the license or dismiss the complaint. The determination of the governing body shall constitute final administrative action of the municipality.

6-15.11. Unannounced Department of Health and Police Department Visits. The business operation is subject to unannounced Department of Health and Police Department visits to insure the protection of the citizens.

6-15.12. Applicability. This section shall take effect immediately upon publication and adoption according to law. Those persons/establishments currently engaged in massage therapy will have 180 days from the date of adoption to comply with the provisions of this section.

6-16 Taxicabs.

6-16.1. Definitions.

TAXICAB

Includes any automobile or motor car engaged in the business of carrying passengers for hire 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 in the Borough of Carlstadt, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the Borough.

PERSON

Includes any individual, partnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.

STREET

Includes street, avenue, court, park, parkway, highway or other public place.

6-16.2. License Required. No person, firm, partnership, association or corporation shall operate a taxicab on the streets within the Borough of Carlstadt without having first obtained a license from the Mayor and Council to operate said taxicab.

6-16.3. Application Procedure; Information Required.

a. Applications for licenses shall be in writing on forms approved by the governing body and available in the office of the Borough Clerk. All applications must be signed by the applicant or an agent of the applicant and presented to the Borough Clerk accompanied by the requisite fee.

b. Applications to operate a taxicab within the Borough shall set forth the name of the applicant, the business and/or trade name under which the business is being operated, the residence of the applicant and such other pertinent information as may be considered necessary to properly consider the application.

c. All new or first-time applicants for licensure shall be fingerprinted. Applicants seeking renewal of an existing taxicab license shall not be subject to repeated fingerprinting.

d. Each application shall be accompanied by a photograph of the applicant measuring 1 1/2 inches by two inches, with a head size of not less than one inch, taken against a light background.

e. All new applicants for operator licenses shall present evidence of being a licensed driver for period of at least three years to be eligible for the issuance of a taxicab operator's license.

f. The operator of every taxicab shall present a certificate of a New Jersey licensed physician showing that he or she has been examined within 60 days of the date of the application and is of sound physical condition, with good eyesight, and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the safe operation of a taxicab.

g. The operator seeking a taxicab license shall provide the following with respect to the vehicle to be used:

1. Owner's name, home and business addresses;

2. Year, make, model, vehicle identification number, license plate number and color of each vehicle;

3. Name and address of insurance company and policy number;

4. Evidence of adequate insurance coverage for operation of a taxicab as provided by Subsection 6-16.5 below.

6-16.4. Fees. The following fee shall be paid to the Borough Clerk at the time of submission of any application for a taxicab operator's license and shall be nonrefundable.

a. Upon the filing of an application for taxicab operator's license, whether first or annual renewal, an administration fee for processing: as set forth in Subsection 4-3.1 of this revision.

b. Upon the issuance of a taxicab operator's license: as set forth in Subsection 4-3.1 of this revision.

c. A fee for providing State of New Jersey fingerprint check at the rate permitted by the State of New Jersey at the time said request is made: initial applications only.

6-16.5. Insurance Requirement. Prior to issuance of any taxicab operator's license, the applicant shall file with the Borough Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey conditioned for the payment of a sum of not less than $100,000 to satisfy all claims for damages, by reasons of bodily injury to or the death of any one person, resulting from an accident; the sum of not less than $200,000 to satisfy all claims for damages, by reason of the ownership, operation, maintenance or use of such taxicab upon any public street; and conditioned for the payment of the sum of not less than $50,000 to satisfy any claim for damages to property of any one person resulting from an accident and in a sum not less than $50,000 to satisfy all claims for damages to property of all persons, on account of any such accident, by reason of the ownership, operation, maintenance or use of such taxicab upon any street. Said insurance shall remain in full force and effect throughout the term of the license.

6-16.6. Blanket Bond or Insurance Policy.

a. If an owner shall operate more than one taxicab within the Borough of Carlstadt, he or she may file with the Borough Clerk, in lieu of the policy required by Subsection 6-16.5 of this chapter, a bond or insurance policy of a company duly licensed to transact business under the insurance law of this state in the sum of $100,000, which shall be a blanket insurance covering all cabs operated by such owner which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such taxicabs or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.

b. The owner of the taxicab shall execute and deliver to the Borough Clerk concurrently with the filing of a policy or bond referred to in Subsections 6-16.5 and 6-16.6a of this section, a power of attorney, wherein and whereby the owner shall appoint the Clerk of the Borough of Carlstadt his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed.

c. The Borough Clerk, upon the filing of the required insurance policy or bond, shall issue a certificate of compliance, in duplicate, showing that the owner of the taxicab has complied with the terms and provisions of N.J.S.A. 48.16-6. The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the taxicab insurance thereunder and the registration number of same. The duplicate certificate shall be filed with the Department of Motor Vehicles before any such vehicle is licensed as a taxicab. The original certificate shall be posted in a conspicuous place in the taxicab. If the taxicab operates in more than one municipality, the insurance policy or bond required herein shall be filed with the Clerk of the municipality in which the owner has his principal place of business, and certificates, in such number as may be necessary, certifying that the owner has complied with all of the provisions of this section shall, by the Clerk of the municipality, be delivered to the owner, who shall file the certificate with the Clerk of each municipality in which such operation takes place.

6-16.7. Approval by Governing Body. All applications submitted to the Borough Clerk which are deemed by he or she to be complete, including a verification of fingerprinting, medical report and proof of adequate insurance coverage, shall be presented to the Mayor and Council for approval at the next regularly scheduled meeting. The Mayor and Council may consider the application at that meeting, or any adjourned meeting thereafter, and at the meeting at which the same is considered may grant or deny said application.

6-16.8. Revocation of Governing Body Approval. Approval granted by the governing body may be revoked, after notice and hearing, whenever it shall appear that the person to whom the approval was granted has failed to furnish or keep in force the insurance policy required by this section, or to comply with the terms or conditions imposed by the governing body of the Borough of Carlstadt or any law of this state.

6-16.9. Issuance of License. Upon approval by the Mayor and Council, the governing body shall authorize and direct the Borough Clerk to issue the taxicab operator's license to the applicant, upon payment of the fee as required above.

6-16.10. Expiration Date. All licenses issued pursuant to this section shall expire one year from the date of issuance.

6-16.11. Display of License Required. All licenses issued hereunder shall have affixed thereto a photograph of the driver and shall be displayed in a prominent place inside the vehicle visible to all passengers at all times.

6-16.12. Fares Established. The following listed metered fares shall be the maximum charge for conveying passengers with the Borough of Carlstadt:

a. A metered fee of $1.50 for the first 1/10 mile and $0.25 for each additional 1/10 mile for conveying a passenger from one pickup point within the Borough of Carlstadt to one destination within the Borough of Carlstadt.

b. A waiting time fee of $0.50 may be charged for up to the first five minutes and $0.10 per minute thereafter.

c. Fares are to be posted on the outside of the vehicle on both the passenger's side and the driver's side.

d. Fares shall be posted on the inside of the vehicle in a conspicuous place in clear view of passengers at all times.

6-16.13. Number of Passengers; Restrictions. No more than five passengers being conveyed, excluding the operator, shall be permitted at any one time. No person other than passengers for hire shall be permitted to ride in any licensed taxicab while it is in service.

6-16.14. Record or Log. The owner of any taxicab licensed to operate in the Borough of Carlstadt shall keep a record or log setting forth the dates and times of operation of said taxicab and the names of the operators thereof during said periods of operation. Said record or log shall be subject to review and inspection upon request. It shall be the responsibility of the owner of any taxicab licensed to operate the same in the Borough of Carlstadt to ensure that all operators of said taxicab shall have obtained a taxi-driving license in accordance with the provisions of this chapter.

6-16.15. Vehicle Markings. Every vehicle licensed under this section shall be clearly marked with the word "Taxi" on each side and shall display an identifying designation in number or letters no less than three inches in height.

6-16.16. Violations and Penalties. Any operator of a taxicab operating within the Borough of Carlstadt violating the provisions of this section relating to the obtaining of a taxicab operator's license shall, upon conviction thereof, be subject to a fine not exceed $50 and, in default of payment thereof, may be sentenced to imprisonment in the county jail for a term not exceed 30 days. Each day on which a violation persists shall constitute a separate offense.

6-17 Filming.

6-17.1. Definitions. As used in this section, the following terms shall have the meanings indicated:

FILMING

The taking of still or motion pictures either on film or videotape or similar recording medium, for commercial or educational purposes, intended for viewing on television, computers, in theaters, for institutional uses or over the Internet. The provisions of this section shall not be deemed to include the filming of news stories within the Borough of Carlstadt.

PUBLIC LANDS

Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the Borough that is within the jurisdiction and control of the Borough of Carlstadt.

6-17.2. Permit Required.

a. No person or organization shall film or permit filming, or the setup or breakdown of filming apparatus, or the parking of commercial vehicles used for or assisting in filming, on public lands within the Borough of Carlstadt, or on private property, without first having applied for an obtained a permit from the office of the Borough Clerk. Application for such permits shall be in a form approved by the governing body and shall be available in the Borough Clerk's office. The fees required under this section, both the application and permit fees, shall accompany all completed applications. The application shall require that the applicant designate the names of all organizations involved in the filming and shall require a designation, by name, address and telephone number, of at least two persons directly connected with the filming. At least one of these designees shall be required to be present and in charge at the scene of the filming at all times.

b. The permit shall set forth the approved location or locations and approved duration of the filming by specific reference to day or dates. The permit must be readily available at all times at the site of any filming.

c. Copies of the approved permit will be sent to the Carlstadt Police Department and Fire Official before filming takes place. The permit holder shall allow Borough personnel to inspect the site and the equipment to be used, said inspections not to unreasonably interfere with the filming. The permit holder shall comply will all safety instructions issued by the Police Department and/or Fire Official and/or by any other authorized Borough personnel.

6-17.3. Requirements for Issuance of Permit.

a. No permit shall be issued for filming upon public lands unless the applicant shall provide the Borough with satisfactory proof of the following:

1. Proof of insurance coverage for the duration of filming as follows: for bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000 and for property damage to Borough property for each occurrence in the aggregate amount of $500,000. The applicant shall name the Borough of Carlstadt as an additional named insured on the policy, and proof of the certificate of insurance shall be required to be provided before the filming commences. The permit holder shall be responsible for insuring its own property. In no event shall the Borough of Carlstadt provide insurance for any of the permit holder's property or actions. The permit holder shall provide workers' compensation insurance and shall comply with the New Jersey workers' compensation statutes where necessary under the law.

2. An agreement, in writing, in a form approved by the Borough and included in the application, whereby the applicant agrees to indemnify and save harmless the Borough of Carlstadt and its agents, employees and personnel from any and all liability, expense, claim or damages resulting from the use of public lands or from the issuance of the permit.

3. In the event of approval of a longer term permit in excess of five days, the posting of a cash bond or a maintenance bond in the amount of not less than $1,500 running in favor of the Borough, or the payment of a cash security deposit in the amount of not less than $1,500, which amount can be increased at the discretion of the Borough Administrator. For all other filming, the necessity for and amount of a bond or security deposit shall be determined by the Borough Administrator or Borough Clerk.

b. In addition, each applicant who is issued a permit for filming on either public or private lands shall be required to abide by the following:

1. The permit holder shall take all reasonable steps to minimize interference with the passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Police Department and or the Fire Official or other authorized Borough personnel with respect thereto.

2. The permit holder shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The permit holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands.

3. The permit holder shall comply with all applicable federal and state laws and regulations and shall comply with all applicable Borough ordinances.

4. If any scenes of partial or total nudity, public urination, violence, war or other potentially offensive or harmful material is to be filmed, the applicant shall be required to state the nature of the material in the initial application. The permit holder where such filming shall occur shall take all reasonable steps to shield such filming and scenes from the public view and shall respond to and follow all directives of the Borough Administrator with respect thereto. Such directives shall be issued whenever there are concerns about the public health, safety and welfare.

5. The Borough Administrator, upon the recommendation of the Police Chief, may require one or more on-site police officers, fire personnel or other Borough personnel in situations where the proposed production may impede the property flow of traffic, impact on the provision of Borough services or for other public health, safety or welfare reasons. The permit holder shall pay for all costs associated with the use of Borough personnel. Off-duty police presence shall be provided pursuant to Ordinance No. 01.07.[1] Where existing electrical power lines are to be used by the production, an on-site licensed electrician may be required if the production company does not have a licensed electrician on staff.

[1] Editor's Note: See Section 4-13.

6-17.4. Fees. The schedule of fees required for filming are as follows:

a. Application fee.

1. Application fee for permit to filming on public or private lands: as set forth in Subsection 4-3.1 of this revision.

2. Application fee for permit to filming on public or private lands where applicant requests waiver of the five-day notice period provided for above: as set forth in Subsection 4-3.1 of this revision.

3. Application fee for nonprofit applicants filming for educational purposes: as set forth in Subsection 4-3.1 of this revision.

4. The application fee is nonrefundable and must be paid at the time of submission of the application.

5. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Borough Clerk may, at the request of the applicant, issue a new permit for filming on other dates, subject to full compliance with all other provisions of this chapter as deemed necessary by the Borough Clerk or Borough Administrator. No additional application fee shall be required for the reissued permit.

b. Daily Filming Fee.

1. Daily filming fee for filming on public lands as set forth in Subsection 4-3.1 of this revision.

2. No daily rate is required for nonprofit applicants filming for educational purposes.

3. The Borough Administrator, in consultation with the Mayor, may determine to negotiate a flat fee for filming for approved longer term permits.

4. The daily filming fee shall be payable in full at the time the permit is approved and issued. There shall be no refunds for any day where at least part of the day was spent filming. If filming does not occur on any particular day due to inclement weather or other good cause, the unused filming fee may be refunded or may be applied to another day of filming, if extension of filming is approved.

c. Parking Fees for Filming.

1. Fee for parking commercial vehicles within:

(a) Business area: $25 per day per vehicle.

(b) Other than a business area: $15 per day/per vehicle.

2. The Borough Administrator, in consultation with the Mayor, may determine to negotiate a flat fee for parking for approved longer term permits.

3. The parking fees shall be payable at the time of issuance of the permit and at such other times as shall be required due to increased or decreased parking by permit holder. Prepaid parking fees are refundable where appropriate. The Borough Administrator shall have the authority to override these fees where negotiation of a flat fee is more reasonable.

4. There shall be no overnight parking allowed under any circumstances.

5. Other Fees. The permit holder shall reimburse the Borough for any lost revenue, use of Borough resources (such as water or electricity), repairs to or cleanup of public property, for use of any Borough personnel, such as police officers, and for any other cost incurred by the Borough that is connected to the permit holder's filming. Such reimbursements shall be paid immediately upon being incurred or shall be deducted from the bond or security deposit required under this chapter. If additional monies are due from the permit holder, the Borough shall bill the permit holder, and payment is due within 30 days of the date of the invoice. If full payment is not made within 30 days, the lack of payment shall be considered a violation of this section and punishable as same.

6-17.5. Application for Permit; Notice to Residents; Appeal Process.

a. No permits will be issued by the Borough Clerk unless application is made for the permit at least five days before the requested starting date. The Borough Administrator may waive any part of the five-day period if, in his or her judgment, the applicant has obtained all necessary approvals and adjacent businesses, merchants or residents do not need to be notified.

b. When directed by the Borough Clerk or the Borough Administrator, or where the applicant's filming activity, by reason of location or otherwise, will directly involve or affect any businesses, merchants or residents, the applicant shall give all affected parties written notice of the filming application at least three days before the requested starting date. The affected parties shall be informed that they may file written objections with the Borough Clerk within one day of the notice of the filming application being served. Any written objections received by the Borough Clerk shall form a part of the application and shall be considered in review of the application. The applicant shall submit proof of service of the required notices to the Borough Clerk within one day of the notices being served. The Borough Clerk may require also that the applicant obtain and submit the signatures of the businesses, merchants or residents, each indicating his or her approval or disapproval, which shall form a part of the application and shall be considered in review of the application.

c. The Borough Administrator may require that the application and the proposed filming be reviewed by the Police Department, Fire Official and/or such other agencies as deemed necessary to protect the public health, safety and welfare, or to ensure the property operation of Borough services. Any consulted Borough personnel shall provide a written summary of the review to the Borough Administrator, which shall be considered as part of the application.

d. The Borough Administrator may refuse to issue a permit whenever it is determined, on the basis of objective facts and after a review of the application, that filming at the location and/or the requested times would violate any law or ordinance, would unreasonably interfere with the use and enjoyment of adjoining properties or public lands, would unreasonably impede the free flow of vehicular or pedestrian traffic, would unreasonably interfere with the proper operation of Borough services or would otherwise endanger the public's health, safety or welfare.

e. Any person who is aggrieved by a decision of the Borough Administrator to grant, deny or revoke a permit, or to grant an extension of time for filming, may appeal to the governing body. The aggrieved party shall file a written notice of appeal setting forth the reasons for the appeal with the Borough Clerk. An appeal for the decision of the Administrator shall be filed no later than one day from the date of the Administrator's decision.

f. The governing body shall set the matter down for a hearing and shall provide notice to the aggrieved person. The hearing shall be held at any time within three days from the filing of the notice of appeal. The hearing shall be open to the public. Immediately after the hearing, or at such other time and it shall deem appropriate, the governing body shall issue its decision in support or rejection of the Borough Administrator's decision.

6-17.6. Time and Location for Filming.

a. No permit shall authorize filming for more than five consecutive days in any one location. This limitation may be extended if the requested filming constitutes a major motion picture or if a longer term for filming has been negotiated and approved.

b. Filming in residential areas may be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. The setup, production and breakdown required by all filming shall be complete during the hours set forth herein.

c. The Borough Administrator, with the consent of the governing body, may authorize filming other than during the days or hours or time period set forth herein. In determining whether to allow an extension of time for filming, the following factors shall be considered:

1. Traffic congestion at the location caused by vehicles to be parked on the public streets;

2. Applicant's ability to remove film-related vehicles off the public streets;

3. Restrictions on the use of public streets or public parking during the course of the filming;

4. Nature of the film shoot itself, e.g., indoor or outdoors, day or night;

5. Prior experience of the film company applicant with the Borough, if any;

6. Such other factors as shall reasonably be considered in rendering a decision.

6-17.7. Violations and Penalties.

a. Any person violating this chapter, upon conviction thereof, shall be punished by a fine not exceeding $1,000 per day or by imprisonment in the county jail for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

b. Violations may be charged against the owner of the property where the violations occur or against the person who is actually committing the violation, or both. If a corporate entity is involved, the charges may be lodged against the corporate president, managing agent, registered agent and/or shareholders.

6-18 Limousines and Livery Service.

6-18.1. Definitions.

LIMOUSINE

Includes any automobile or motor car used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle at the time of manufacture. Nothing in this section shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the Department of Transportation or interstate autobuses required by federal or state law or regulations of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.

LIMOUSINE OR LIVERY SERVICE

Includes the business of carrying passengers for hire by limousines.

PERSON

Includes any individual, partnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.

STREET

Includes street, avenue, court, park, parkway, highway or other public place.

6-18.2. License Required. No person, firm, partnership, association or corporation shall operate or conduct the business of a limousine or livery service which has its principal place of business within the Borough of Carlstadt without having first obtained a license for said purpose, in accordance with this section.

6-18.3. Application Procedure; Information Required.

a. Every owner of a limousine or livery service having its principal place of business within the Borough of Carlstadt shall make application to the Borough Clerk, on forms to be provided by the Clerk, simultaneously with the filing of the required insurance certificate and power of attorney, as provided in N.J.S.A. 48:16-14, evidencing proof of insurance in the amount of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street, and unless such application is submitted, the Clerk shall not accept for filing the certificate of insurance and power of attorney, and shall not issue a certificate of compliance as described in N.J.S.A. 48:16-17.

b. No limousine or livery service registered in another state or the District of Columbia shall conduct wholly intrastate operations on the highways of this state unless the owner of the limousine has proof of insurance in the amount of $1,500,000 as provided for in N.J.S.A. 48:16-14 for limousines registered in this state, and is licensed pursuant to N.J.S.A. 48:16-17 in a municipality in which it has a bona fide registered business address.

c. Each application shall set forth the following information and shall be sworn to or affirmed by the applicant:

1. The year, make, model, vehicle identification number, license plate number and color of each vehicle;

2. Name and address of insurance company and policy number;

3. Name and address of each employed driver and New Jersey operator's license number;

4. The principal location of each vehicle when not being operated upon the streets as a limousine;

5. The home and businesses address of the owner of the vehicle;

6. A statement as to whether the applicant has ever been convicted of a crime, and if the applicant has been convicted of a crime, a complete statement concerning dates and disposition thereof. In case of a corporate applicant, the statement shall be completed as to each officer, director and owner of more than 10% of stock in the corporation.

6-18.4. Fee. The application shall be accompanied by a fee as set forth in Subsection 4-3.1 of this revision.

6-18.5. Approval of Governing Body. Upon receipt of a completed application, together with payment of the requisite fee and filing of the insurance certificate and power of attorney required under N.J.S.A. 48:16-14 and 48:16-16, the Clerk shall present the application for approval of the governing body at the next regularly scheduled meeting.

6-18.6. Certificate of Compliance. Upon approval of the governing body, the Clerk shall issue a certificate of compliance, which shall remain in effect only for the period that the insurance described in the certificate filed with the Borough Clerk remains in full force and effect, the limousine service license and registration issued by the New Jersey Division of Motor Vehicles remains valid and the vehicle or vehicles covered by said application are operated by duly licensed motor vehicle operators with appropriate licenses issued by the New Jersey Division of Motor Vehicles.

6-18.7. Issuance of License. Upon approval of the governing body, the Clerk shall be directed to issue, in duplicate, a license to operate showing that the owner of the limousine has complied with the provisions of N.J.S.A 48:16, which shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured thereunder and the registration number of same. The original license shall be retained within the limousine and available for inspection at all times. The duplicate license shall be filed with the Division of Motor Vehicles before any such car is registered as a limousine.

6-18.8. Revocation. The approval of the governing body may be revoked, after notice and hearing, whenever it shall appear that the person to whom the approval was granted has failed to furnish or keep in force the insurance policy required by this section or to comply with the terms or conditions imposed by the governing body of the Borough of Carlstadt, or any law of this state.

6-18.9. Expiration Date. All licenses issued pursuant to this section shall be and remain valid for a period of one year, commencing on the first day of the month in which the governing body shall have granted approval.

6-18.10. Violations and penalties. Any person who violates any provision of this section shall, upon conviction, be subject to a fine not in excess of $1,000, or imprisonment for not more than 90 days, or both.

6-19 Do-Not-Knock Registry.

6-19.1. (Reserved)

6-19.2. Purpose. It is the purpose of this section to provide residents of the Borough of Carlstadt relief from unwanted solicitations, hawking, inquiries and general disturbances from commercial solicitation or canvassing, peddlers or hawkers. It is intended to provide an option to Borough residents to protect their privacy and personal property by including their residence on the Do-Not-Knock Registry and thereby curtailing unwanted solicitation at their place of residence.

6-19.3. Definitions.

PEDDLERS and HAWKERS

As defined by Subsection 6-2.1, includes any person, whether a resident of the Borough or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda water, garden farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker" and "huckster."

CANVASSER or SOLICITOR

As defined by Subsection 6-3.2, includes any individual, whether a resident of the Borough or not, traveling either by foot, wagon, automobile, motor truck, or other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether (s)he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for any person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the Borough for the sole purpose of exhibiting samples and taking order for future delivery.

6-19.4. Do-Not-Knock Registry. There is hereby established a Do-Not-Knock-Registry to be maintained in the Office of the Borough Clerk. The purpose of the Do-Not-Knock Registry is to permit residents to bar any commercial solicitation or canvassing, peddling or hawking taking place by foot, wagon, motor vehicle or any other conveyance on a door-to-door basis. Residents may register for such list by personal delivery, regular mail or e-mail to the Borough Clerk. After registration on the Do-Not-Knock Registry, it shall be a violation of the terms of this section to visit any registered residence for commercial solicitation or canvassing, peddling or hawking of any registered person and/or such person's property. No commercial solicitation or canvassing, peddling or hawking of any nature or kind whatsoever shall be permitted on any properties that have been listed with the Do-Not-Knock Registry maintained at the Borough Clerk's office.

6-19.5. Permit Required; Prohibited Activity. Commercial and charitable solicitation, peddling and hawking. It shall be unlawful for any person to engage in commercial solicitation or canvassing, peddling or hawking without having obtained a license and/or permit therefor pursuant to Section 6-2 or 6-3 of the Code of the Borough of Carlstadt. It shall be a violation of this section to undertake commercial solicitation or canvassing, peddling or hawking of any nature or kind whatsoever on any properties that have been listed with the Do-Not-Knock Registry. "Commercial solicitation or canvassing, peddling or hawking" shall mean any person traveling by foot, wagon, motor vehicle or any other conveyance from place to place or door to door or from street to street taking or attempting to take orders for the sale of books, wares, merchandise, personal property of any nature whatsoever for future or present delivery or for services to be performed and shall also include persons undertaking polling activities for commercial purposes.

6-19.6. Exceptions. These provisions shall not be applicable to the delivery or personal solicitation of:

a. Mail, parcels or packages by and in accordance with the rules of the United States Postal Service;

b. Parcels, packages and materials delivered by a commercially recognized courier service or overnight express delivery agency, such as, by way of example, Federal Express or United Parcel Service;

c. Newspapers and other publications and periodicals if subscribed to by the owner or occupant of the recipient premises, provided that same are placed firmly in a receptacle designed for such purpose, or, in the absence of such receptacle, tightly wrapped to prevent blowing or scattering upon the recipient's premises or adjacent areas;

d. Delivery of laundry, dry cleaning, dairy, bakery and similar food products and commercial product sampling by agreement with or invitation of the owner or occupant of the recipient premises;

e. Personal delivery or drop off of noncommercial handbills of a political, charitable, or religious nature whose distribution is or may be protected by constitutional rights of free speech, provided that same are packaged and placed in such a manner as not to blow and scatter upon the recipient's premises or adjacent areas;

f. Hawkers and peddlers licensed pursuant to Section 6-2 and solicitors and canvassers licensed pursuant to Section 6-3 of the Code of the Borough of Carlstadt, who abide by all provisions of the Do-Not-Knock Registry; and

g. Members and personal of the Borough of Carlstadt Police, Fire, and Emergency/Ambulance squads.

6-19.7. Registration.

a. All residents of the Borough may register their name, address and/or unit/apartment number with the Borough Clerk to be placed on the Do-Not-Knock Registry, indicating that they do not want solicitors or canvassers, peddlers or hawkers to approach their homes and/or seek personal contact with the occupants of the registered home. By registering for the Do-Not-Knock Registry, the resident chooses to allow Borough of Carlstadt Police, Fire, or Emergency/Ambulance Squads to be exempt.

b. Only residents completing and delivering the form of request as approved by the Borough Clerk shall be included on the Do-Not-Knock Registry. The residence shall remain on the Do-Not-Knock Registry until such time as the resident advises the Borough Clerk, in writing, that he/she wish to be removed from the list.

c. Upon completion of registration on the Do Not Knock Registry, the subscriber will receive a decal that must be displayed in a clearly visible location (i.e., front door or window adjacent to the front door) stating:

DO NOT KNOCK

Registered with the Borough of Carlstadt's

Do Not Knock Registry

VIOLATORS WILL BE PROSECUTED

d. The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that commercial solicitors and canvassers, peddlers and hawkers are not permitted on the premises. A copy of the Do-Not-Knock Registry shall be provided to the Chief of Police at least biannually.

e. The Borough Clerk shall maintain a Do-Not-Knock Registry, a copy of which shall be provided to all persons or organizations required to obtain a license or register pursuant to Sections 6-2 and 6-3 of the Code of the Borough of Carlstadt.

f. It shall be unlawful for any solicitor or canvasser, peddler or hawker to approach and/or seek personal contact with the occupants of a residence that is registered on the Do-Not-Knock Registry.

6-19.8. Violations and Penalties. Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not more than $1,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.