[Adopted 1-20-1953 by Ord. No. 57 (Ch. 424, Art. I, of the 1990 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes individuals, companies, firms, societies, copartners,
corporations, associations and joint-stock companies.
Includes only tangible personal property.
Includes all persons, firms, corporations and associations
who shall transport or remove tangible personal property, whether
for hire or otherwise, and whether or not regularly engaged in such
business.
Every person owning or claiming to own any tangible
personal property located in or on any premises in the City of Vineland,
except a warehouse, or any person engaged in the business of storing
goods for hire and who desires to transport or remove the same or
cause the same to be transported or removed, so that the whole or
a substantial part of such property will be removed or transported
from such premises in or on which it is located, shall, in person
or by agent duly appointed for such purpose, first make written application
to the Collector of Taxes of the City of Vineland on a form to be
provided by the Collector of Taxes, which application shall contain
the following information:
A.
The name and address of the person owning or claiming
to own such property.
B.
The address of the premises from which and the address
of the premises to which such property is to be transported or removed,
and if either or both such premises are not designated by an address,
then, in lieu thereof, such premises shall be clearly identified.
C.
The name and address of the trucker who is to transport
or remove such property.
D.
The approximate date on which such property is intended
to be removed.
The application required by § 647-2 shall be made between the hours of 9:00 a.m. and 4:00 p.m. on any day, except holidays, Sundays, and Saturdays; provided, however, that in case of a bona fide emergency such application may be made at any time in the convenience of the Collector of Taxes.
Upon the filing of such application as aforesaid,
it shall be the duty of the Collector of Taxes to ascertain forthwith
the total amount of personal taxes due that have been charged or assessed
against the person owning or claiming to own the tangible personal
property sought to be transported or removed and which have not been
paid at the time of the making of such application, together with
the interest and other charges thereon, and to insert the itemized
statement thereof on the application form, showing the total amount
due for such taxes, interest and costs to date thereof.
A.
When such application is made during or after the
period provided by statute for the assessment of taxes for any year,
the person owning or claiming to own the tangible personal property
sought to be removed or transported shall be liable to pay not only
the taxes priorly assessed and unpaid as aforesaid but shall also
be liable to pay the taxes for the year for which assessment is being
made at the time of such application. Should the tax rate for the
City for the year for which assessment is being made at the time of
the application not have been determined, then the tax rate used to
determine the taxes for the year prior to that for which assessment
is being made as aforesaid shall, for the purpose of this article,
be the rate used to determine the taxes for which assessment is being
made as aforesaid.
B.
Nothing in this article shall be construed to deprive
any taxpayer of his right to appeal any assessment as provided for
in Title 54 of the New Jersey Statutes Annotated.
Upon the payment of the taxes, interest and other charges specified in § 647-5 of this article or if no taxes are owing as aforesaid, the Collector of Taxes shall forthwith and without cost or charge therefor issue a permit for the transportation or removal of such tangible personal property, and no such permit shall be issued unless and until such taxes, interest and other charges are paid in full; provided, however, that if the person owning or claiming to own the tangible personal property sought to be transported or removed has a right to appeal the assessment of the taxes for any year or years included in the amount owed, as determined by the method provided in §§ 647-4 and 647-5, and files with the Collector of Taxes a notice, in writing, duly verified under oath, that he intends to appeal the same, then in lieu of paying the taxes, interest and other charges for the year or years to be appealed, the person owning or claiming to own the tangible personal property sought to be removed or transported shall furnish to the Collector of Taxes a bond entered into by a surety or fidelity company having a certificate of authority from the Commissioner of Banking and Insurance to do business in this state, which bond shall be in quintuple the amount of the taxes, interest and other charges determined as aforesaid for the year or years to be appealed, but in no case for less than the amount of $100, and which bond shall be conditioned for the payment within two years from the date of the bond of the taxes, interest and other charges found to be due as of the date actual payment is made thereof; provided, further, that taxes, interest and costs as to which no right of appeal as aforesaid exists must be paid forthwith.
The permit shall be made up in quadruplicate
and distributed as follows:
A.
The original shall be delivered to the applicant
B.
The first copy shall be delivered to the Police Department
of this City.
C.
The second copy shall be forwarded to the Collector
of Taxes of the taxing district to which such tangible personal property
is to be transported or removed, if such taxing district is in this
state.
D.
The third copy shall be retained by the Collector
of Taxes of the City and shall be filed in the office as a public
record.
A.
Nothing contained in this article shall be construed
as to require any owner of tangible personal property held for the
purpose of manufacture in the ordinary course of his business or held
for the purpose of processing in the ordinary course of his business
or held for use in the ordinary course of his business to obtain any
such permit to transport or remove tangible personal property from
any store or warehouse or owner's usual place of business to any other
storehouse or warehouse or to the owner's usual place of business
for the purpose of manufacturing, processing, selling or utilizing
in the ordinary course of such business.
B.
Nothing contained in this article shall be construed
as to require any transient guest temporarily residing at any hotel,
hostelry, inn, lodging house or rooming house to obtain any such permit
to transport or remove such tangible personal property which he has
brought with him to such hotel, hostelry, inn, lodging house or rooming
house for his use while such transient guest, nor shall this article
be construed to apply to the tangible personal property of any public
utility as defined in N.J.S.A. 48:2-13 or to require a permit to transport
or remove any such property from the premises in or on which it is
or shall be located.
C.
Nothing contained in this article shall be construed
to require the truckman to obtain such permit nor to have the same
in his possession, but the duty to obtain the permit shall in all
cases be upon the person owning or claiming to own the property to
be removed, nor shall the provisions of this article be construed
to make the truckman the agent of the person owning or claiming to
own the property to be removed or transported under this article.
[Amended 8-28-1990 by Ord. No. 90-79; 10-27-2009 by Ord. No. 2009-68]
Any person violating any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, and the Judge of the Municipal Court of the City of Vineland before whom such conviction is had may impose such punishment by fine, by imprisonment, or both, as aforesaid, as he may see fit, but not exceeding the maximums herein set forth.
