[Ord. No. 0-9-74; 1967 Code § 47A-1]
This section shall be referred to as the "Regulation for Issuing
Permits and Licenses."
[Ord. No. 0-9-74; 1967 Code § 47A-2]
As used in this section:
The Township Manager, Township Council, any Municipal official
or any Municipal official, body, board, commission or agency authorized
by any ordinance of the Township heretofore or hereafter adopted,
empowered to issue any permit or license.
Any license or permit authorized to be issued pursuant to
any section of the Township heretofore or hereafter adopted.
[Ord. No. 0-9-74; 1967 Code § 47A-3]
a.
Whenever any issuing authority of the Township issues any permit
and/or license hereunder which is made subject to the applicant's
and/or licensee's faithful performance of any term(s) and/or
condition(s) to be effected at or after the issuance of that license
or permit, before such permit and/or license shall issue, the applicant
and/or licensee shall be required to post with the Township Manager
such sum in cash or by a bond issued by a reputable surety company
or such other form of guaranty in such amount as recommended by the
issuing authority to assure faithful compliance with the conditional
approval of such permit and/or license. All surety bonds or other
forms of guaranty, other than cash, shall be approved in form and
substance by the Township Solicitor prior to the issuance of the permit
and/or license.
b.
All terms and conditions requiring the posting of surety, in accordance
with paragraph a. hereof, shall be clearly set forth or attached to
such license.
c.
If the sum to be posted by the applicant or licensee is $1,000 or
less, the Township Manager, in his discretion, may request that such
sum be posted in cash only. All sums of cash duly posted with the
Township Manager shall be deposited in escrow in an interest bearing
account.
d.
Before any license and/or permit shall issue hereunder, the applicant
or licensee and his surety and/or guarantor shall be required to post
with the Township Manager the name and address of that person and/or
persons upon whom service of process and notice is required pursuant
to the provisions of this section as may be made within the State
of New Jersey.
e.
Whenever the issuance of any permit or license is made subject to
this section, the applicant and/or licensee, and where applicable,
his surety and/or guarantor shall be required to acknowledge in writing
that he and/or they are aware that such permit or license is being
issued in accordance with the terms and provisions of this section
and of his and/or their consent to be bound thereby, and further acknowledge
the provisions of subsection 4-1.6, paragraph e. in reference to chargeable
attorney's fees and costs.
[Ord. No. 0-9-74; 1967 Code § 47A-4]
a.
Default or breach.
1.
Upon the applicant or licensee's default or breach of any term
and/or condition hereunder the Township Manager may serve written
notice upon the licensee or applicant of his intent to perform and/or
effect performance of that term and/or condition hereunder. The Township
Manager may serve written notice upon the licensee or applicant of
his intent to perform and/or effect performance of that term and/or
condition breached or in default, and to assess such costs against
the cash, performance bond or other security posted.
2.
Service of the Township Manager's written notice may be made
either personally or by certified mail, return receipt requested.
The Township Manager shall also serve such written notice upon any
surety and/or guarantor of record.
b.
Request for hearing.
1.
The applicant and/or licensee and, if applicable, any surety and/or
guarantor so served may request a hearing before the Township Manager.
Such request must be made in writing and served either personally
or by certified mail, return receipt requested, on the Township Manager
within five days after receipt of the written notice.
2.
Failure to request such a hearing within the designated time shall
constitute an authorization to the Township Manager to perform and/or
effect the terms and/or conditions breached or in default, and to
assess such costs against the cash and/or surety posted as may be
required to correct such breach or cure such default.
3.
Where the interest of justice so requires, the Township Manager may
waive the strict enforcement of any of the above provisions.
[Ord. No. 0-9-74; 1967 Code § 47A-5]
a.
Whenever a hearing is requested in accordance with the provisions
of subsection 4-1.4, paragraph b., the Township Manager shall fix
a time and place no less than three nor more than 14 days after the
request is made (such time limited may be abbreviated or extended
by mutual consent). All parties in interest shall be given a right
to appear in person, or otherwise (such as by filing of affidavits,
written responses, etc.), and give testimony. The rules of evidence
prevailing in the courts shall not be controlling in hearings before
the Township Manager, or such person as he may designate to hold this
hearing.
b.
Findings; order to comply; authority to remedy.
1.
If, after such notice and hearing, the Township Manager or his designee
determines that the applicant or licensee has breached and/or is in
default of any term(s) and condition(s) as specified in his permit
and/or license, he shall so state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the applicant or licensee, and any party in interest, an order:
(a)
Requiring the correction of the breach or the curing of the
default within such time period as he deems reasonable; and
(b)
Where the applicant or licensee, or any party in interest fails
to comply with the above order, the Township Manager or his designee
may cause to be performed or effected the correction or curing of
the conditions and terms breached and/or in default, and to make the
appropriate assessment of costs against such surety as posted.
2.
The determination and order of the Township Manager shall be construed
as a final administrative action. Any person aggrieved by any such
order, may within 45 days after the service of such order, bring an
action for injunctive relief to restrain the Township Manager or his
designee from carrying out the provisions of the order or for any
other appropriate relief.
[Ord. No. 0-9-74; 1967 Code § 47A-6]
a.
When required, by reason of the failure of any applicant or licensee
to correct or cure any breach and/or default in accordance with the
terms and conditions of the permit and/or license, the Township Manager
or his designee has expended any sum to correct or cure such breach
and/or default, the Township Manager shall then prepare a certified
statement of such costs expended. The original statement shall be
filed in the office of the Department of Community Development and
a copy served on all parties in interest, including the issuing authority.
b.
Where a cash surety has been posted, the Township Manager, after
service of the certified statement of costs is effected, shall authorize
the Comptroller to issue a check and/or draft for reimbursement of
such costs to be made payable to the Township.
c.
Where a surety bond, or other form of guaranty or surety other than
cash has been posted, the Township Manager shall, in addition to the
certified statement of costs, serve a written demand for payment within
30 days of such costs upon the surety, or guarantor or such other
party in interest responsible for payment. A copy of the certified
statement of costs and demand for payment shall also be served upon
the applicant or licensee.
d.
Where the assessed cost is in excess of the surety posted, the Township
Manager shall so specify in his written notice; and he shall make
a request for such additional amount from the applicant or licensee
in the same manner as provided in paragraph c. hereof. Failure of
the applicant or licensee to make the payment within 30 days from
receipt of notice of an additional amount due shall, in the event
legal process is necessary to collect such sum, be liable for reasonable
attorney's fees and court costs as enumerated in paragraph e.
hereof.
e.
Where the Township Manager is required to institute legal process
because of the failure of any applicant, licensee, surety, guarantor
and any other party in interest to make payment of costs determined
to be lawfully due hereunder, the applicant, licensee, surety, guarantor
or other party in interest shall, in addition to such assessed costs,
reimburse the Township for reasonable attorney's fees and court
costs, notwithstanding that such attorney's fees and court costs
may be in excess of the principal amount of the surety posted.
[Ord. No. 0-9-74; 1967 Code § 47A-7]
a.
Upon compliance with the terms and conditions set forth in the permit
and/or license, the applicant and/or licensee shall serve written
notice of such compliance upon the Township Manager, requesting return
or cancellation of the security posted. The Township Manager, within
14 days, after receipt of notice, shall cause a review of the permit
and/or license:
1.
If the Township Manager determines that full compliance has been
made, he shall refund or cause the security posted to be canceled.
2.
If the Township Manager determines that there is only partial compliance,
he shall refund or authorize cancellation of that portion of the security
posted, which shall leave an amount sufficient to assure correction
and/or completion of those terms and conditions remaining to be met.
3.
If the Township Manager determines that there has not been compliance
as represented, he shall not refund or cancel any of the security
posted.
4.
All determinations required to be made by the Township Manager pursuant
to paragraph a,2. and a,3. hereof shall be made in writing and served
on the applicant or licensee. In the event that the Township Manager
shall fail to post for mailing his written determination by the 14th
day as required hereunder (or in the alternative to effect personal
service within that period of time) the security posted shall be refunded
and/or canceled.
b.
Notwithstanding any of the above provisions, the Township Manager
may at any time, in his discretion and without notice, refund and/or
cancel all or part of any security posted, where in his judgment total
and/or partial compliance with the terms and conditions of the permit
and/or license have been met.
c.
The Township Manager's written communication shall constitute
the final administrative determination, appeal from which shall be
taken by any applicant and/or licensee within 45 days from the date
of receipt and/or service of the Township Manager's decision.
[Ord. No. 0-9-74; 1967 Code § 47A-8]
All notices required to be given hereunder, unless otherwise
specifically stated to the contrary, shall be in writing and shall
be served by certified mail, return receipt requested, or by personal
service.
[Ord. No. 0-9-74; 1967 Code § 47A-9]
a.
The purpose of this section is to establish proceedings and remedies
supplemental to existing ordinances and ordinances to be adopted by
the Township concerning the issuance of permits and licenses within
the Township in order to create a reasonable enforcement procedure
to assure compliance with those conditions and terms set by the Township
required to be met by any applicant or licensee at and/or after issuance
of the permit or license.
b.
The terms and provisions of this section shall not be interpreted
to limit, amend, bar, abrogate or repeal any right, remedy, procedure,
duty and/or responsibility established in any other ordinance presently
or hereafter adopted concerning the issuance of licenses and permits
within the Township; nor are the terms and provisions of this section
intended to bar or limit any issuing authority of the Township to
institute proceedings, or to take such other action as may be permitted
for the revocation or suspension of any license or permit predicated
upon the failure of any applicant or licensee to comply with any of
the terms and conditions of his permit and/or license.
c.
Likewise, the terms and provisions of this section shall not be interpreted
to limit, bar, substitute or foreclose to any applicant or licensee
any other statutory or Municipal right or appeal permitted.
[1]
Editor's Note: Section 3 of Ordinance No. 0.4.91 states:
The purpose and intent of this section is to establish regulations
relative to seasonal sales of goods and merchandise during specific
"Seasonal" time periods defined as Christmas, Valentine's Day,
Easter and Mother's Day, and to prohibit Seasonal Sales in all
residential zoned classifications as set forth in the Zoning Code
of the Township of Deptford by Ordinance 0.1.89 adopted May 11, 1989.
In addition, this ordinance prohibits stationary vendors from selling
merchandise outdoors without receiving required planning/zoning approvals
and clarifies the application/approval process.
[Ord. No. 4-13-59; 1967 Code § 47-1; Ord. No. 0.20.97 § 1]
a.
It shall be unlawful for any peddler, hawker, vendor, canvasser,
seasonal sales vendor or solicitor as hereinafter defined to engage
in such activity within the Township without first obtaining a license
therefor in accordance with the provisions of this section.
b.
It shall be unlawful for any peddler, hawker, vendor, canvasser,
seasonal sales vendor or solicitor as hereinafter defined to operate
from any particular location, unless such location complies with all
the requirements of the Uniform Development Ordinances and all necessary
approvals have been granted for such location by the Planning Board
and/or Zoning Board of Adjustment.
c.
Compliance with the requirements of the Uniform Development Ordinance
and approval from the Planning Board and/or Zoning Board of Adjustment
shall not be required of any bona fide charitable or religious nonprofit
organization located within the Township of Deptford which sells products
under this section for fund-raising for its own use, and conducts
such sales on property it owns in the Township of Deptford which already
has parking, lighting and sanitary facilities.
[Ord. No. 4-13-59; 1967 Code § 47-2; Ord. No. 0.4.91 §§ 4, 5; Ord. No. 0.6.92 § 2]
As used in this section:
And be defined in the category of peddler, hawker, vendor,
solicitor or canvasser, as set forth in this subsection.
And include all goods, wares, foods, fruits, vegetables,
farm products, books, magazines, periodicals, arts, crafts and all
kinds of articles of personal property for domestic use.
Includes Christmas trees, Christmas wreaths, Christmas grave
blankets, Christmas arts and crafts, Valentine's Day flowers,
Easter flowers, Easter baskets, Mother's Day flowers, Mother's
Day baskets and other articles of arts and crafts related to the seasonal
sales activity.
Any nonprofit religious, charitable, educational, civic or
veteran organization, society, association, service, club, volunteer
first aid organization or fire company which is located within and
services the Township; and sells goods and merchandise at a specific
location either owned by the nonprofit organization or at a location
not owned by the nonprofit organization, having the written consent
of the owners of property to conduct seasonal sales activities within
the Township.
And include any person, whether a resident of the Township
or not, traveling either by foot, vehicle or any other type of conveyance,
who goes from house to house, from place to place, or from street
to street, conveying or transporting goods, wares or merchandise and
offering or exposing the same for sale, or making sales and delivering
articles to purchasers.
And include any partnerships, partner, corporation or corporations,
or persons, except as defined in subsection 4-2.11, paragraph c. hereinafter.
A specific time period to sell goods and/or merchandise as
follows:
a.
CHRISTMAS — A time period not to exceed 30 days, including
Christmas Day and 29 days preceding Christmas Day.
b.
EASTER — A time period not to exceed five days, including Easter
and the four days preceding Easter.
c.
MOTHER'S DAY — A time period not to exceed five days,
including Mother's Day and the four days preceding Mother's
Day.
d.
SEASONAL SALES VENDOR
SOLICITOR OR CANVASSER
VALENTINE'S DAY — A time period not to exceed five days,
including Valentine's Day, and the four days preceding Valentine's
Day.
A person who sells goods and/or merchandise for a specified,
limited purpose and period of time at a location owned by and/or leased
by the applicant.
And include any person, whether a resident of the Township
or not, who goes from house to house, from place to place or from
street to street, soliciting or taking or attempting to take orders
for the sale of services, goods, wares or merchandise, or personal
property of any nature whatsoever for future delivery or for services
to be performed in the future, whether or not such individual has,
carries, or exposes for sale a sample of the subject for such order,
and whether or not he is collecting advance payments on such orders.
[Ord. No. 4-13-59; 1967 Code § 47-3; Ord. No. 0.4.91 §§ 7, 8]
a.
Applicants for a license under this section shall file with the Department
of Community Development and Inspection a sworn application to be
made in writing on a format to be furnished by the Department which
shall provide the following:
1.
Name, address and telephone number of the organization (profit or
nonprofit) and/or business applying for a license under the provisions
of this section.
2.
Name, address, telephone number and description of those individuals
to be employed by and engaged in peddling, hawking, soliciting or
canvassing.
3.
The place or places of residence of the organization (profit or nonprofit)
and/or business applying for a license, as well as those individuals
engaged by the organization and/or business in conducting peddling,
hawking, vending, soliciting and canvassing activities.
4.
Social security numbers and driver's license numbers of individuals
of the organization (profit or nonprofit) and/or business, engaged
in the activities of peddling, hawking, vending, soliciting and canvassing.
5.
Social security numbers and driver's license numbers of those
individuals engaged in peddling, hawking, vending, soliciting and
canvassing for the organization (profit or nonprofit) and/or business
applying for a license to conduct these activities.
6.
A brief description of the nature of the business, the goods to be
sold and the name and address of the principal office of their manufacturer
as well as the name and address of the agent designated to receive
service of process in the State of New Jersey of the organization
(profit or nonprofit) and/or business applying for a license under
this section.
7.
The length of time for which the right to do business is desired
by the organization (profit or nonprofit) and/or business applying
for the license.
8.
A photograph of the individuals employed by the organization (profit
or nonprofit) and/or the business applying for a license, taken within
60 days immediately prior to the filing of the application.
9.
The individuals employed by the organization (profit or nonprofit)
and/or business applying for a license shall be fingerprinted at the
request of the Chief of Police.
10.
A statement as to whether or not the individuals employed by the
organization (profit or nonprofit) and/or business applying for a
license indicating whether or not those individuals have been convicted
of any crime, disorderly persons offense or violation of any municipal
ordinance, as well as describing the nature of the events and the
punishment or penalty assessed therefore.
11.
Whether or not orders are to be solicited or taken for future delivery
of goods or performance of services by the organization (profit or
nonprofit) and/or business applying for a license.
12.
The applicant being the organization (profit or nonprofit) and/or
business applying for a license shall list previous licenses issued
by the Township of Deptford as well as other municipalities wherein
licenses have been applied for and issued by those municipalities.
13.
The time of soliciting, peddling, hawking, vending and canvassing
shall be between the hours of 9:00 a.m. and 7:00 p.m.
[Ord. No. 0.4.91 § 9; Ord. No. 0.20.97 § III]
a.
Applicants for a license under this subsection shall file a sworn
application with the Department of Community Development on a form
to be provided. Complete applications for seasonal sales license must
be submitted to the Department of Community Development 30 days prior
to the actual specified time period for conducting a seasonal sales
activity. An application determined to be incomplete upon review by
the Department of Community Development shall be returned to the applicant.
In addition, the following information shall be required:
1.
Name, address and telephone number of the organization (profit or
nonprofit) and/or business applying for a license under the provisions
of this section.
2.
Name, address, telephone number and description of those individuals
to be employed by and engaged in a seasonal sales activity.
3.
The block and lot location of the property to be utilized in conducting
a seasonal sales activity.
4.
Social security numbers and driver's license numbers of individuals
of the organization (profit or nonprofit) and/or business, engaged
in the seasonal sales.
5.
Social security numbers and driver's license numbers of individuals
engaged in seasonal sales for the organization (profit or nonprofit)
and/or business applying for a license to conduct the activities.
6.
The length of time for which the right to do business is desired
by the organization (profit or nonprofit) and/or business applying
for the license as per subsection 4-2.2, which defines the seasonal
sales period.
7.
A photograph of the individuals employed by the organization (profit
or nonprofit) and/or the business applying for a license, taken within
60 days immediately prior to the filing of the application.
8.
The individuals employed by the organization (profit or nonprofit)
and/or business applying for a license shall be fingerprinted at the
request of the Chief of Police.
9.
A statement as to whether or not the individuals employed by the
organization (profit or nonprofit) and/or business applying for a
license indicating whether or not those individuals have been convicted
of any crime, disorderly persons offense or violation of any municipal
ordinance, as well as describing the nature of the events and the
punishment or penalty assessed therefor.
10.
The applicant being the organization (profit or nonprofit) and/or
business applying for a license shall list previous licenses issued
by the Township of Deptford as well as other municipalities wherein
licenses have been applied for and issued by those municipalities.
11.
The time of seasonal sales shall be between the hours of 9:00 a.m.
and 9:00 p.m.
12.
A property survey of the lot(s) to be prepared by a New Jersey licensed
professional engineer or surveyor. A hand-drawn sketch plat may be
substituted in lieu of a survey plat as determined by the Department
of Community Development. The purpose of the survey plat and/or sketch
plat is to determine if the proposed use of the property location
is sufficient for the intended purpose of conducting seasonal sales.
The following information shall be set forth on the survey and/or
sketch plan submitted:
13.
Location of curb cut access to indicate proper ingress and egress
to the site to evaluate and prevent traffic hazards, congestion or
excessive interference with normal traffic movements on adjacent public
streets.
14.
Location of temporary signs in accordance with regulations set forth
in the Zoning Code of the Township of Deptford.
15.
No temporary signs advertising the seasonal sales activity shall
be placed on any tree, telegraph, electric light or public utility
pole or upon rocks or other natural features located within the public
right-of-way. All temporary signs shall be located on the site.
16.
No more than four temporary signs shall be erected. Temporary signs
shall not exceed six square feet in area nor exceed four feet in height.
17.
Temporary signs may not be erected prior to 48 hours of the designated
seasonal sales activity and must be removed within 48 hours after
the time period stated and licensed for conducting a seasonal sales
activity.
18.
No sign shall be erected that is of such character, form, shape or
color that it imitates or resembles any official traffic sign, signal
or device, or that has any characteristics which are likely to confuse
or dangerously distract the attention of the operator of a motor vehicle
on a public street.
19.
Temporary signs shall be kept in a proper state of repair, in accordance
with the requirements of the Township's Building Code, Property
Maintenance Code, and other pertinent regulations. Signs which fall
into such a state of disrepair as to become unsightly or to pose a
threat to public safety may be removed by the Township at the owner's
expense upon proper notification by the Township.
20.
No temporary sign shall be erected within or project over the right-of-way
of any public street or sidewalk. No temporary signs placed on the
site shall be located in such a fashion which would affect the site
visibility of the motoring public as determined by the Chief of Police
or his designee.
21.
The applicant shall submit with his application a statement as to
how the site shall be maintained during the designated time period,
as well as a statement indicating how trash, refuse and other materials
will be disposed of other than through normal solid waste collection
services provided by the Township of Deptford. All debris, materials,
trash, etc., shall be removed from the site within 48 hours following
the expiration of the seasonal license issued by the Township of Deptford.
22.
A certification from the Deptford Township Tax Collector that all
taxes have been paid and are current.
23.
A certification from the Zoning Officer stating that all requirements
of the Uniform Development Ordinance have been complied with for the
subject location and that all necessary approvals have been granted
for such location by the Planning Board and/or Zoning Board of Adjustment.
b.
Any nonprofit organization is required under this subsection to comply
with the application provisions as set forth in processing a license
and registration of those individuals employed by the organization
to conduct seasonal sales activities.
a.
Upon receipt of such application, the original shall be referred
to the Chief of Police who shall cause to be made such investigation
of the applicant's business and moral character as he deems necessary
for the protection of the public welfare.
b.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons for the same and return the application to the Department
of Community Development, who shall notify the applicant that his
application is disapproved.
[Ord. No. 0.4.91]
[Ord. No. 4-13-59; 1967 Code § 47-4]
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse his approval on the application, returning
the application to the Department of Community Development who shall,
upon payment of the prescribed license fee, execute and deliver to
the applicant his license. The Department of Community Development
shall keep a record of all licenses issued and of all complaints received,
if any, concerning each license.
[Ord. No. 4-13-59; 1967 Code § 47-5; Ord. No. 0-7-80; Ord. No. 0.4.91 § 11]
a.
Registration fee. Any application for a peddler, hawker, vendor,
solicitor, canvasser and seasonal sales vendor shall be required to
pay a fee of $25 to the Department of Community Development to cover
the cost of processing the application and investigation of the facts
stated herein for a license, as well as each individual to be registered
and employed by the organization (profit or nonprofit) and/or business.
c.
No registration or license fee shall be required from any charitable
or religious nonprofit organization which services the Township and
which are exempt from the payment of taxes under the regulations of
the Internal Revenue Service.
d.
Any nonprofit organization must demonstrate that it has been a nonprofit
organization for a period of at least two continuous years as a condition
of being exempt from payment of registration and licensing fees.
[Ord. No. 4-13-59; 1967 Code § 47-6]
All licenses issued must be worn in such a manner as to be readily
visible when engaged in the activities regulated herein.
[Ord. No. 4-13-59; 1967 Code § 47-7; Ord. No. 0.4.91 § 12]
a.
Peddlers, hawkers, vendors, solicitors and canvassers. All licenses
issued under this section shall expire at the end of the calendar
year in which they are issued. Licenses shall not be transferable
and shall be surrendered after expiration before a renewal license
can be issued, subject to paragraph b. below.
b.
Seasonal sales. A seasonal sales license issued shall be for a period
of time as set forth in subsection 4-2.2, "Definitions." A separate
license shall be applied for each seasonal sales activity, as well
as applications for registration of those individuals to be employed
by an organization (profit or nonprofit) and/or business. Licenses
shall not be transferable and shall be surrendered after expiration
before a new license and/or registration can be issued for each seasonal
sales activity. Any activities involving the sales of merchandise
as defined under "Merchandise" (seasonal sales) in this section shall
be required to obtain a seasonal sales license notwithstanding the
issuance of a vendor's license prior to the adoption of this
section.
[Ord. No. 4-13-59; 1967 Code § 47-8; Ord. No. 0.4.91 § 14]
Licenses issued under this section may be revoked by the Chief
of Police or his designee after reasonable notice and hearing for
any of the following causes:
a.
Misrepresentation or false statement contained in the application
for the license and registration of individuals engaged by the organization
(profit or nonprofit) and/or business.
b.
Misrepresentation or false statement made in the cause of carrying
on activities regulated herein.
c.
Conviction of any crime or disorderly persons offense involving moral
turpitude.
d.
Conducting the business of soliciting, canvassing, vending, hawking
or seasonal sales activities in an unlawful manner and in violation
of any provision of this section or in such a manner as to constitute
a breach of the peace or to constitute a menace to health, safety
or general welfare of the public.
e.
Any violation of the provisions of this section shall be cause for
immediate revocation of a license issued by the Township and the revocation
of a license shall be grounds for nonissuance of a license for a period
not to exceed two years. Notice of hearing for revocation of a license
shall be given in writing setting forth the grounds of complaint and
the time and place of hearing. Such notice shall be served personally
upon the licensee by means of a summons, or by mail, postage pre-paid,
to the licensee at the address given by the licensee in making application
at least five days prior to the date set for a hearing in accordance
with the provisions of Section 4-1.
[Ord. No. 4-13-59; 1967 Code § 47-9; Ord. No. 0.4.91 § 17]
Any person, organization (profit or nonprofit) and/or person
aggrieved by the actions of the Chief of Police and/or the Department
of Community Development in the denial of an application for a license
as provided in this section, or in the decision with reference to
the revocation of a license as provided in this section, shall have
the right to appeal as set forth in the Section 4-1 entitled "Permits
and Licenses."
[Ord. No. 4-13-59; 1967 Code § 47-10]
The equipment used or employed by peddlers, hawkers and vendors
of ice cream, foods, beverages, confections and other related commodities
shall be maintained in a clean and sanitary manner and be subject
to inspection by the Board of Health and fully comply with the laws
of the State of New Jersey, the rules and regulations of the State
Department of Health, the ordinances of the Township and the rules
and regulations of the Board of Health.
[Ord. No. 4-13-59; 1967 Code § 47-11]
a.
This section shall not be construed to include the selling of any
article at wholesale to dealers in such articles, or the delivery
of milk, eggs, bread, newspapers or other such necessary and perishable
articles of food or merchandise of a type commonly delivered on a
house-to-house basis at intervals of less than one week.
b.
Any veteran who holds a special license issued under the laws of
the State of New Jersey shall be exempt from securing a license or
paying the fee as provided herein, but shall be required to comply
with all other applicable parts of this section, and shall be required
to register with the Department of Community Development and obtain
a permit which will be issued by the Department of Community Development
upon proper identification and exhibition of such State license.
c.
Nonprofit and other charitable organizations.
1.
Any nonprofit religious, charitable, educational, civic or veterans'
organization, society, association, service or club, volunteer first-aid
or fire company, etc., desiring to solicit or have solicited in its
name money, donations of money or property, or financial assistance
of any kind or desiring to sell or distribute any item of literature
or merchandise for which a fee is charged or solicited at any place
or places within the Township for a charitable, religious, patriotic
or philanthropic purpose may file with the Department of Community
Development a request for exemption from the provisions of subsections
4-2.3, 4-2.4, 4-2.5 and 4-2.8 of this chapter.
2.
A request for exemption shall be a sworn application filed on a form
provided by the Department of Community Development and shall require
the following information:
(a)
Name and purpose of the cause for which the permit is sought.
(b)
Name and address of organization.
(c)
Period during which solicitation is to be carried on.
(d)
Name and address of each agent or representative who will conduct
solicitations and the length of time that the agent or representative
has been employed or affiliated with such organization, society, association
or corporation.
(e)
A statement that such organization, association, society, corporation,
etc., shall furnish, for all its members, agents or representatives
conducting solicitation, credentials in writing stating the name of
the organization, name of the agent and duration and purpose of solicitation.
3.
The Department of Community Development shall forward any request
for exemption to the Director of Public Safety who may, in his discretion,
exempt the applicant from the provisions of subsections 4-2.3, 4-2.4,
4-2.5 and 4-2.8 of this chapter when, in his opinion, such exemption
does not adversely affect the health, welfare and safety of the community.
4.
Where the Director of Public Safety grants a request for exemption,
the Department of Community Development shall issue a permit without
charge to the organization, association or corporation to solicit
in the Township. Where the Director of Public Safety denies a request
for exemption, the organization, association or corporation may proceed
to apply for a license in accordance with the provisions of subsections
4-2.3, 4-2.4, 4-2.3, 4-2.5 and 4-2.8.
5.
Any nonprofit religious, charitable, educational, civic or veterans'
organization, society, association, service or club, volunteer first-aid
or fire company, etc., which is located in the Township is hereby
exempt from the provisions of this section.
[Ord. No. 0.4.91 § 6; Ord. No. 0.6.92 § 3]
a.
No peddler, hawker, canvasser, solicitor or vendor shall sell or
offer for sale to the general public any goods or merchandise, beverages
or food products from a fixed location utilizing a public cartway.
In addition, sale of merchandise from a fixed location is prohibited
with the exception of seasonal sales licensed under this section.
A person shall be deemed to be selling from a fixed location if such
vendor remains at a fixed location for a period of time of 15 minutes
or longer, unless extended as provided below.
b.
The 15 minute time limitation is extended beyond 15 minutes for such
periods of time that customers or prospective customers are being
serviced by the vender wherein the customers or prospective customers
are:
1.
Examining, viewing, handling, testing, pricing or returning, etc.,
the merchandise, and/or
2.
Seeking information from the vendor, and/or
3.
Making purchase or sale, and/or
4.
Waiting to be attended by the vender.
5.
The 15 minute time limitation is further extended for such time following
a sale or purchase that the vendor may need to replace or replenish
merchandise, to perform that which is necessary to clean, straighten
up the cart or its merchandise, etc., to secure the proceeds of the
sale; to file copies of receipts, and/or other such acts that occur
following a sale of such merchandise. However, the total time allotted
for acts following a sale under this paragraph shall not exceed 10
minutes.
6.
At the expiration of the 15 minutes plus the extended period as provided
above, the vendor shall move from such location to a location at least
25 feet away. Such vendor cannot return to within 25 feet of such
location for a period of at least one hour. No vendor has a right
to any particular location on the public right-of-way and sidewalks.
[Ord. No. 4-13-59; 1967 Code § 47-12; Ord. No. 0.4.91 § 18]
[Ord. No. 0.4.91 § 15]
It shall be the duty of any Police Officer of the Township to
enforce the provisions of this section and to require any persons
seen peddling, hawking, soliciting, canvassing or conducting seasonal
sales, and who are not known by such officer to be duly licensed,
to produce his license as required by this section.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-1; Ord. No. 0.8.90 § I]
As used in this section:
Any establishment which provides for five or more mechanical
amusement games.
Any establishment that contains five or more commercial pool
tables.
Any pool table, coin operated or not, which may be operated
by the public for entertainment or amusement for which a charge is
imposed for the use of the table.
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. Examples of "Mechanical Amusement
Games" are pinball machines, bowling machines, mechanical grab machines,
Skee-ball machines, pokerino machines, commercial pool tables, electronic,
computer or other similar games and devices, jukeboxes, etc. This
enumeration is in-tended to be typical and shall not be construed
as exclusive.
Any person, firm or corporation.
[Ord. No. 4-13-70; Ord. No. 0-2-81; Ord. No. 0-3-83; Ord. No. 0-10-83; Ord. No. 0-20-83; 1967 Code § 5-2; Ord. No. 0.8.90 §§ 2-4; Ord. No. 0.8.93]
a.
No person shall maintain, operate or possess in any store, building
or other place where the public is invited or where the public may
enter, or any building or other place where any club or organization
meetings are held, in the Township, any mechanical amusement games
without first obtaining a license therefor.
b.
There shall be four types of licenses issued under the terms of this
section: a mechanical amusement game license; a commercial pool table
license; an arcade license; and a billiard parlor license.
1.
The maximum number of arcade licenses to be issued within the Township
shall be nine. Each location shall be separately licensed.
2.
Any combination of mechanical amusement games and commercial pool
tables which totals five or more shall require an arcade license and/or
a billiard parlor license. The label for such a license shall be determined
by the greater number of mechanical amusement games/commercial pool
tables, i.e.; two mechanical amusement games and three commercial
pool tables would be classified as a billiard parlor. Equal number
of mechanical amusement games and commercial pool tables shall be
classified as an arcade.
3.
There shall be no limit on mechanical amusement game licenses. A
"mechanical amusement game license" shall be defined as a license
for any business establishment which provides four or less mechanical
amusement games on or within the premises. A separate license shall
be required for each location.
c.
Each license hereunder shall be considered an annual license issued
for a one-year period commencing April 1 and terminating on the last
day of March of the succeeding year. Any initial license or approval
of transfer shall be issued for the balance of the one-year period
only. All terms, conditions, restrictions and/or regulations imposed
upon the initial license shall be deemed to continue upon renewal
unless specially repealed, deleted or waived by the Township Council.
d.
No license issued under this chapter shall be transferable without
prior approval of Township Council.
e.
The Township Council's action in denying or withholding the
issuance of any license of an applicant seeking an initial license
shall be deemed final; provided however, that the applicant may petition
the Township Council for a hearing to reconsider the denial.
[Ord. No. 0.8.90 § V]
The annual license fee shall be as follows:
a.
The annual fee for a mechanical amusement license and commercial
pool table license shall be $25.
b.
The annual fee for an arcade license and a billiard parlor license
shall be $500.
c.
In addition to the license fees set forth above, there shall be a
machine license fee as follows:
1.
Each mechanical amusement game and commercial pool table license
not covered by the arcade license or billiard parlor license shall
be $75.
2.
Mechanical amusement games and commercial pool tables covered by
the arcade license and billiard parlor license shall be as follows:
|
Number of Games
|
Fee
| |
|---|---|---|
|
From the 1st to the 25th mechanical amusement game and/or commercial
pool table, each
|
$30
| |
|
From the 26th to the 50th mechanical amusement game and/or commercial
pool table, each
|
$20
| |
|
From 51st and over mechanical amusement game and/or commercial
pooltable, each
|
$15
|
d.
The annual license fee for such coin music, commonly called a "jukebox"
shall be $125.
e.
All license fees required hereunder shall be payable in advance for
the calendar year in which the license is issued.
[Ord. No. 4-13-70; Ord. No. 0-3-83; Ord. No. 0-20-83; 1967 Code § 5-4; Ord. No. 0.8.90 § VI]
a.
The Licensing Officer shall cause to be prepared the necessary forms
of application for license to maintain such mechanical amusement games,
which application shall state the name and address of the applicant;
the exact location for which the license is sought and where the mechanical
amusement game is to be installed, the kind or type and description
of each mechanical amusement game for which the license is sought;
and the name and address of the person owning each mechanical amusement
game. The applicant shall state on the application form whether or
not the applicant has been convicted of a crime or violation of any
Federal, State or local law. The applicant shall provide such other
information as the Township Council shall deem necessary and proper,
such as a description of the premises, the maximum number of persons
intended to be permitted within the premises, the manner of supervision
and such other conditions as may be related to the public's health
and safety.
b.
A separate application shall be required for each store, building
or other place wherein the public is invited or may enter and where
mechanical amusement games are maintained, operated or possessed.
c.
The license fee shall accompany each application filed, and, if the
application is denied, the license fee shall be returned to the applicant.
d.
Consent to enter form. A consent to enter form shall be required
to be signed by the applicant, which shall permit the Police Department
or other duly authorized Township official to enter and inspect the
premises to assure compliance with this section and the conditions
of the license.
e.
Electrical inspection form. The applicant shall be required to complete
and sign an electrical inspection form. This form shall include the
type of electrical outlets, wiring, apparatus and equipment which
the applicant has installed or intends to install on the premises
in order to assure safe operation of all mechanical amusement games
for which a license is requested to be issued. The consent to enter
form signed by the applicant in accordance with paragraph b. hereof
shall be deemed permission by the applicant to the Township electrical
or other subcode officials to enter and inspect the premises to assure
that the applicant has complied with the appropriate electrical wiring
and installation necessary to assure the safe operation of the premises
and of the patrons using these mechanical amusement games.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-5]
a.
The proprietor of the premises where the mechanical amusement game
is to be installed shall be the applicant for the license herein required.
The application must be signed by the applicant. Upon receipt of the
application, the Licensing Officer shall refer the same to the Chief
of Police. The Chief of Police or his designee shall make an investigation
of the premises and of the applicant to determine the truth of the
facts set forth in the application. The Licensing Officer, together
with the Electrical Subcode Official and such other officials of the
Township that he shall deem necessary, shall inspect the premises
to determine whether the premises comply with the existing fire and
electrical code regulations of the Township. The Chief of Police and
the Licensing Officer, upon completion of their inspection, shall
attach to the application their reports thereon in writing.
b.
Upon receipt of the application and inspection reports, the Township
Council shall proceed with their consideration as to whether or not
the application shall be approved or disapproved. In the process of
its deliberation, the Township Council may, in its discretion, request
supplemental information, consistent with the terms and provisions
of this section, from the Chief of Police, Licensing Officer, the
applicant or any other official of the Township who may be needed
to provide information for the appropriate view of the application.
c.
If the application is approved, the Township Council shall authorize
the Licensing Officer to issue the necessary license; provided, however,
that no application shall be considered for approval or license issued
unless proof of receipt and payment of a license fee or fees as herein
provided.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-6]
a.
Any time after the granting of a temporary or annual license, the
Township Council may exercise its discretion to revoke or suspend
this license for any willful false statement in the application. The
license may be revoked or suspended as well as in the event that the
licensee shall be convicted of any violation of this section or shall,
individually or through the licensee's servants, agents and/or
employees, violate any term or condition of operation.
b.
Except as hereafter provided in paragraph c., prior to any suspension
or revocation of license, the Township Council shall serve the applicant
notice of its intent to suspend or revoke. Thereafter, the applicant
shall be afforded the right to a hearing pursuant to Section 4-1,
Permits and Licenses, of this chapter.
c.
Suspensions without hearing. Notwithstanding the right to a hearing
as provided in paragraph b., the Township Manager may, if, in his
opinion, an immediate or substantial threat to the health or safety
exists, suspend the right of an applicant to operate. Thereafter,
applicants shall be permitted a hearing as provided in paragraph b.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-7]
Nothing contained in this section shall prohibit the holder
of the license herein provided for from substituting a mechanical
amusement game at the location set forth in such license, provided
that the holder give written notice to the Licensing Officer setting
forth the description of the game removed and the description of the
game substituted therefor.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-8]
Every license issued pursuant to the terms of this section shall
apply only to the person to whom it was granted and for the premises
stated in the application and on the license; the license shall not
be transferable from place to place, but, upon the approval of the
Township Council of such license transfer in writing, the license
may be transferred from person to person from the premises stated
in the original application and license of the transferor.
[Ord. No. 0.8.90 § VII]
There shall be permitted in any arcade duly licensed herein
for the use of mechanical amusement games that, upon payment of a
fee, permit a patron to attempt to obtain a prize or tickets or tokens
redeemable for a prize, or such games that permit a patron to attempt
to obtain a score or result upon the basis of which a prize, ticket
or token is awarded. These type of games shall additionally be regulated
by the New Jersey Division of Alcoholic Beverage Control pursuant
to N.J.A.C. 13:3-1 and shall be subject to an additional application
required by the Division.
[Ord. No. 4-13-70; Ord. No. 0-3-83; Ord. No. 0-20-83; Ord. No. 0.8.90 §§ VIII, IX, X]
a.
Curfew. No person holding a license under the provisions of this
section shall knowingly permit any minor under the age of 18 years
unaccompanied or not within the custody and control of a parent or
guardian to remain on the premises after 11:00 p.m., prevailing time,
unless the minor is waiting for a person over the age of 18 years
to transport that minor from the premises.
b.
Hours. The operation or playing of mechanical amusement games shall
not be permitted between the hours of 2:00 a.m. and 8:00 a.m., prevailing
time.
c.
Other regulations and restrictions for arcades licensed under this
section:
1.
There shall be no consumption or possession of alcoholic beverages
in, on, or around the licensed premises.
2.
There shall be no smoking in the licensed premises. "NO SMOKING"
signs shall be posted within the premises in prominent places.
3.
No license shall be issued prior to an inspection by the Fire Marshal
and the Fire Marshal shall, prior to the operation of the premises,
certify that all relevant fire code provisions have been satisfied.
4.
The maximum number of persons permitted to occupy the licensed premises
shall be prominently posted and the applicant shall be required to
enforce compliance with this requirement.
5.
Applicant and applicant's employees shall be required to maintain
and operate the premises in accordance with the Township Ordinances
and Codes, State and County Laws and Regulations.
6.
Applicant shall be required to maintain and operate the premises
in such a manner so as the license premises and operation thereof
does not constitute a danger or threat to the public health, safety
or welfare, nor constitute a nuisance to the adjacent neighbors or
the public as defined in the Township Code or Title 26 of the Revised
Statutes of the State of New Jersey.
7.
Applicant shall be required, as a condition of the license, to comply
with the conditions imposed by the Deptford Township Site Plan Review
Board.
8.
All machines and games shall be located in such a position as to
provide adequate aisle space and avoid overcrowding.
9.
The licensed premises shall be regularly cleaned and maintained.
10.
The premises shall be supervised by an adult of at least 21 years
of age at all times. The employees designated by the applicant to
supervise shall be of good moral character and shall not have been
convicted of any crime involving moral turpitude. Applicant shall
submit to the Township Manager the name and addresses of all of their
employees, including such additional information concerning the employees
as to permit the Township to verify that these employees qualify for
employment pursuant to the terms of this provision.
11.
Township officials shall have the right of access at reasonable hours
to conduct inspection and investigations as may be necessary to assure
compliance with the conditions of the license. Applicant and applicant's
employees shall be required to cooperate with all Township Officials
charged with enforcing the conditions of the license.
d.
All of the conditions set for the arcade licenses in paragraph c.
above are equally applicable to billiard parlor licenses for the following
exception:
1.
Smoking is permitted in the billiard parlor under this section provided
that no one under the legal age may smoke in the premises. Signs prohibiting
such use shall be prominently posted and enforced by the applicant.
e.
The Township Council may impose additional regulations and restrictions
on the conditions of license issuance and the operation of premises
which it deems necessary for the health, safety and welfare of the
community; provided, however, that no restriction may be imposed prohibiting
the sale and/or distribution of alcoholic beverages in a facility
which has been issued a valid plenary retail consumption license and/or
plenary retail distribution license.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-11]
A license granted pursuant to this section shall:
a.
Be posted in a conspicuous place at the location for which the license
was granted.
b.
Show the name and post office address of the licensee.
c.
State a description of each (type and kind) and every mechanical
amusement game for which the license was issued.
d.
State that only those mechanical amusement games enumerated on the
face of the license are licensed by the Township.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-12; New]
a.
No licensee shall permit any mechanical amusement game such as a
"blackjack" or other such gambling amusement device to be operated
on the premises, except as otherwise provided by law; likewise any
person who shall use or permit to be used this type of machine or
any of the other mechanical amusement games license hereunder for
the purpose of gambling shall be guilty of a violation of this section
and shall be penalized therefor as provided herein. The Township Council
may in its discretion revoke the license or licenses for any violation
of this subsection permitted on the premises.
b.
Amusement devices or games displaying obscene subject matter or materials
are prohibited. Since there is no minimum age for entry into a licensed
premises, and since the public policy of this State as set forth in
N.J.S.A. 2C:34-3 is to prohibit the display or distribution of materials
considered "obscene" as defined by statute, therefor, no licensee
shall permit any mechanical amusement game or other such amusement
device to be operated on the premises which game or device display
subject matter or material that would be defined pursuant to N.J.S.A.
2C:34-3 as "obscene material" or the display of materials or matter
depicting or constituting actions of obscenity. Likewise, any person
who shall use or permit to be used this type of game or device in
violation of this paragraph shall be guilty of a violation of this
section and shall be penalized therefore as provided herein. The Township
Council may, in its discretion, revoke the license of a licensee for
any violation of this subsection permitted on the premises.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-13]
a.
Upon the enactment of this section, all new license or license renewal
shall be for the amusement game year. The amusement game year shall
be deemed to commence on the first day of April of each year and terminate
on midnight on the last day of March of the succeeding year.
b.
All persons, firms, associations, partnership or corporations desiring
to make application for renewal of their current license or application
for a new license shall submit such application no sooner than January
1, of the preceding year or not later than February 15, preceding
the April 1 commencement date of the amusement game year; provided,
however, that the Township Council may accept applications filed subsequent
to February 15, upon the applicant's demonstrating good cause
as to why the application was not submitted between January 1 and
February 15.
c.
License renewals. All applicants for renewal of licenses shall pay
the application license fees pursuant to the current application fee
schedule.
d.
Any license issued subsequent to March 1 of any amusement game year
shall likewise expire at 12:00 midnight of the last day of February
next succeeding, and the application and license fees shall be in
like amount as that charged for the full amusement game year.
e.
The Township Council may withhold issuance or renewal of any license
for the violation of any of the terms of this section. Prior to withholding
of license for any applicant seeking renewal, the Township Council
shall serve that applicant notice of its intent not to renew which
notice shall include the reasons therefor. Thereafter, the applicant
for renewal shall be afforded the right to a hearing pursuant to Section
4-1, Permits and Licenses, of this chapter.
a.
Nonprofit, charitable or religious organizations or other such organizations
who seek a license other than for an arcade shall not be required
to pay any application or license fee for any amusement game year.
However, all such organizations shall be required to comply with all
other terms and conditions of this section, including the obligation
to submit the appropriate application information and comply with
the application procedure. There shall be no more than four such machines
permitted in any one building or location.
[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-15]
The purpose of this section is to license those mechanical amusement
games which are operated for the purpose of making a profit and for
their regulation and control.
[New]
Every person, firm or corporation violating any provision of
this section, shall be subject to the General Penalty established
in Section 1-5 of this Code.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-1; Ord. No. 0.17.89 § 1]
This section is created pursuant to N.J.S.A. 48:16-1 et seq.
and shall be known as the Deptford Township Taxicab and Limousine
Regulations.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-2; Ord. No. 0.7.90 § 1]
As used in this section:
The practice of driving about the streets of the Township
within a taxicab so as to solicit passengers or to bring the presence
of the taxicab to the attention of prospective passengers. A taxicab
driving along the streets of this Township for any purpose other than
while transporting a passenger, going to a definite designation by
the most direct route in response to a call for a taxicab by a prospective
passenger, or returning by the most direct route to the taxicab's
home terminus after discharging a passenger, or going to or from the
terminus to the driver's home by the most direct route, shall
be prima facie evidence of "cruising."
Any person who drives a taxicab or limousine within this
Township.
Licensed in accordance with the appropriate subsections of
this section.
Any automobile or motorcar 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 of this State, and which is hired by charter or
for a particular contract, or by the day or hour or other fixed period,
or to transport passengers to a specified place or places, or which
charges a fare or price agreed upon in advance between the operator
and the passenger, provided that the term "limousine" shall not include
taxicabs, hotel buses or buses employed solely in transporting schoolchildren
or teachers or autobuses which are subject to preemptive jurisdiction
of the New Jersey Department of Transportation and/or Board of Public
Utilities and/or engage in interstate commerce in which Federal or
State law preempts municipal regulation.
Consist of transporting in such taxicab one or more persons
for hire along any of the streets in this Township, accepting a passenger
to be transported for hire within this Township or from a point within
the Township to a point outside of the Township limits, or discharging
a passenger transported for hire from a point outside of the Township
limits to a point within the Township limits, and shall be deemed
to be the operation of a taxicab within the meaning thereof. The operation
of a taxicab in any of the above-described manners by one other than
the owner shall be deemed operation by the owner thereof as well as
by the person actually driving. The transportation of any person other
than the owner or driver in any motor vehicle bearing a sign therein
or thereon using the words "taxi," "taxicab" or "cab" shall be prima
facie evidence of operation.
Any person, corporation or association whose name or title
to any taxicab or limousine is registered within the New Jersey Department
of Motor Vehicles or which appears in such records to be the conditional
vendee or lessee thereof.
Any street, avenue, park, parkway, highway or other public
roadway.
Any automobile or motorcar, commonly called "taxi," 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 within the Township, and which accepts
passengers for transportation from points or places to points or places
within or without the Township, provided that the term "taxicab" shall
not include limousines, autobuses, public deliveries, jitneys and
other such vehicles which are hired by charter or for a particular
contract agreed upon in advance, or such public conveyance as are
by law subject to State and/or Federal regulation exclusively.
[Ord. No. 8-10-70; Ord. 0-2-73; Ord. No.
0-1-74; Ord. No.
0-32-74; 1967 Code § 71-3]
From and after the effective date of this section, no person
shall pick up for hire any person for any taxicab or limousine in
the Township unless both the vehicle and driver thereof are licensed
pursuant to the terms of this section and conform to all provisions
thereof.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-4]
a.
There are hereby established two classes of taxicab licenses, to
be known as "taxicab driver's licenses" and "taxicab owner's
licenses" respectively.
b.
There are hereby established two classes of limousine licenses, to
be known as "limousine driver's licenses" and "limousine owner's
licenses" respectively.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-5; Ord. No. 0.7.90 § 2]
A taxicab or limousine owner's license shall entitle the
vehicle therein described to be operated in this Township by a driver
duly licensed hereunder until the license either expires or is surrendered,
suspended or revoked and the license shall not be transferable. Renewals
of these licenses shall be issued in a manner prescribed in Subsection
4-4.8.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-6; Ord. No. 0.7.90 § 2]
A taxicab or limousine driver's license shall entitle the
person named therein to operate within this Township any taxicab or
limousine duly licensed hereunder until the license either expires
or is surrendered, suspended or revoked and the license shall not
be transferable. Renewals of these licenses shall be issued in a manner
prescribed in Section 4-4.8.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-7; Ord. No. 0.17.89 § 2; Ord. No. 0.7.90 § 3]
a.
Taxicab and limousine owners licenses shall be issued only to the
following who have satisfied all the requirements of this section
and have submitted an application containing the following information:
1.
Name, business address, home address, business telephone number,
residence telephone number, and age, of an individual owner or of
all partners, and if a corporation, the State of Incorporation, name,
business address, business telephone, officers, directors, manager,
and stockholders, owning more than 10% of the stock of the corporation.
2.
For each vehicle to be licensed, the name, address and telephone
number of the insurance agent and the insurance company that will
provide the required insurance coverage.
3.
For each vehicle to be licensed, the name of the manufacturer, body
type, year, serial number, color, bill of sale number, State registration
number, and license number, if any.
4.
For each individual owner or partner, and in cases where a corporation
is the applicant, its president, manager, and each stockholder holding
10% or more of the capital stock of such corporation, a statement
whether or not such persons have been convicted of a crime and, if
so, the nature of the offense, where convicted and the date of each
such conviction.
5.
Each application shall be accompanied by a certificate of insurance
from a company licensed to do business in the State of New Jersey,
showing evidence of insurance for each vehicle to be licensed in the
amount and type coverage required by this section. It shall refer
to the vehicle to be insured by make, year and serial number.
6.
The names and addresses of two responsible property owners of the
Township as references.
b.
All applications for taxicab owner's licenses shall be filed
with the Office of Licensing and Inspection, who shall submit the
applications to the Township Council for their consideration. The
Township Council shall take action on the applications submitted by
the Office of Licensing and Inspection within 30 days of their receipt
of the applications from the Office of Licensing and Inspection. Township
Council may take up to an additional 30 days provided such additional
time does not result in a license expiring in advance of the consideration
of the new license.
c.
All applications for limousine owner's licenses shall be filed
with the Office of Licensing and Inspection. The applications shall
be in a form set forth above in paragraph a. The Office of Licensing
and Inspection shall issue such license after the applicant has satisfactorily
completed the application and has also satisfactorily complied with
the provisions of N.J.S.A. 48:16-13 to 48:16-22. The certificate for
license shall recite the name of the insurance company, the policy
number, and date of expiration of the policy or bond, a description
of every autocab, limousine, or delivery service insured thereunder
and the registration number of same. The duplicate certificate shall
be filed with the Division of Motor Vehicles before any such car is
registered as an autocab, limousine, or delivery service. The original
certificate shall be posted in a conspicuous place within the autocab,
limousine, or delivery service.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-8; Ord. No. 0.7.90 § 4]
All licenses to be issued under the provisions of this section
shall be issued in the name of the Township and under the Office of
Licensing and Inspection, and all licenses issued hereunder shall
expire January 1 next succeeding the date thereof unless sooner suspended
or revoked.
All applications under this section shall be submitted no later
than 30 days in advance of January 1st to be considered by Township
Council.
[1967 Code § 71-9; Ord. No. 0-17-89 § 3; Ord. No. 0.7.90 § 5]
Provided that the applications submitted are compliant with
the Township regulations, there shall be no limit to the number of
limousine or taxicab licenses issued by the Township.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-10; Ord. 0.17.89 § 4]
a.
No taxicab shall be licensed until an insurance policy or certificate
in lieu thereof has been filed with the Office of Licensing and Inspection
as provided for taxicabs and autocabs pursuant to the provisions N.J.S.A.
40:16-1 to 40:16-22 inclusive, together with any amendments or supplements
adopted or hereafter adopted relative thereto.
b.
No applicant for a limousine owner's license shall be licensed
until an insurance policy or certificate in lieu thereof required
by N.J.S.A. 48:16-14 covering the limousine to be licensed is filed
with the Office of Licensing and Inspection.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-11; Ord. No. 0.7.90 § 6]
No taxicab or limousine license shall be issued until the applicant
therefor shall have delivered to the Office of Licensing and Inspection,
concurrently with the filing of the insurance policy referred to in
subsection 4-4.10 hereof, a power of attorney executed by the applicant
wherein and whereby the applicant shall appoint the Chief Financial
Officer his, her or its 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 filed. Any license for a taxicab or limousine
issued upon any such application shall continue effective and the
operation of any taxicab or limousine thereunder shall be permitted
only so long as the power of attorney shall remain in effect and unrevoked.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-12; Ord. No. 0-17-89 § 5; Ord. No. 0.7.90 § 7]
a.
Every taxicab driver or limousine driver's license so issued
shall be revoked upon the conviction of two moving violations within
the last two years. In addition, no license shall be issued to a person
convicted within the past five years of reckless driving, leaving
the scene of an accident, operating a motor vehicle under the influence
of alcohol or drugs, refusal to take a breathylizer test or speeding
in excess of 25 miles of the lawful speed limit.
b.
Each applicant for a taxicab or limousine driver's license shall
submit a certificate from a licensed physician of the State of New
Jersey, at the applicant's expense, certifying that the applicant
has been examined within the preceding 30 days and that he has no
infirmity of body or mind which might render him unfit for the safe
operation of a taxicab or limousine.
c.
Each applicant for a taxicab or limousine driver's license shall
obtain from the Police Department of the Township an affidavit from
an appropriate officer of the Police Department to the effect that
the applicant is of good moral character and that he has sufficient
knowledge of the traffic regulations and geography of the Township.
d.
Each applicant must furnish with the application for such driver's
license a recent photograph of himself, three inches in length and
four inches in height, in duplicate.
e.
Each applicant must submit the names and addresses of two responsible
property owners of the Township as references.
f.
Every license so issued shall be revoked upon conviction of two violations
of the State Motor Vehicles Statute.
g.
All changes of residence on the part of the holder of any taxicab
or limousine driver's license issued under this section shall
be reported in writing to the Township Council through the Office
of Licensing and Inspection and be directed to the Police Department
of the Township.
h.
No license shall be issued in the event that it is determined that
the applications contain a materially false statement.
i.
Failure to meet any of the qualification set forth in subsection
shall result in a denial of the license.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-13; Ord. No. 0-17-89 § 6]
Any license granted under this section may be revoked or suspended
at any time during the term thereof for cause. Prior to any such revocation
or suspension, the licensee shall be afforded a hearing before the
Township Council. Prior to any suspension or revocation, the licensee
shall be forwarded by certified mail at the address set forth on the
application, a notice of proposed suspension or revocation. In the
event that the licensee does not request, in writing, a hearing within
seven days of his receipt of that notice then they shall be deemed
to have waived such hearing.
[Ord. No. 0-17-89 § 7]
Every person found guilty of violating any of the provisions
of this section shall be liable to the General Penalty established
in Section 1-5 of this Code.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-15; Ord. No. 0-17-89 § 8]
a.
Taxicabs.
1.
The annual taxicab fee shall be $100 and $50 for each additional
taxicab under the license. The license shall be effective for a period
from January 1 to December 31 of the calendar year or part thereof.
2.
The annual taxicab driver's license fees shall be $25 and the
license shall be effective for a period from January 1 to December
31 for each calendar year or part thereof.
b.
Limousine.
1.
The annual limousine license fee shall be $100 for the first limousine
to be covered by the limousine license and $50 for each additional
limousine under the license. The license shall be effective for a
period from January 1 to December 31 of each calendar year or part
thereof.
2.
The annual limousine driver's license fee shall be $25 and the
license shall be effective for a period from January 1 to December
31 of each calendar year or part thereof.
c.
The fees herein fixed for issuance of such licenses or imposed for
costs of administration and no license shall be issued according to
the provisions of this chapter until fees prescribed by this chapter
are paid. All licenses are required to be stamped by the Township
and a stamped license shall be prima facie evidence of payment of
the fees described herein.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-16]
No license shall be sold, assigned, mortgaged or otherwise transferred.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; Ord. No. 0-19-77; 1967 Code § 71-17; Ord. No. 0-17-89 § 9]
a.
Taxicabs.
1.
The rate of fare to be charged within the Township limits of the
Township of Deptford and surrounding limits shall be posted so that
it is conspicuously seen by any passenger in any part of the taxicab.
2.
Every driver of such taxicab shall have the right to demand payment
of legal fare in advance and may refuse employment unless so prepaid,
but no driver of such vehicle shall otherwise refuse or neglect to
convey any orderly person or persons upon request anywhere in the
Township unless previously engaged or unable to do so. No driver of
any such taxicab shall carry any other person other than the first
passenger employing him without the consent of the passenger.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-18]
a.
There shall also be affixed in every taxicab and limousine, in such
manner that the same can be conveniently read by any person therein,
a card at least three inches in height by at least five inches in
length, containing the name of the owner, the license number of the
vehicle and the year of issuance, and also a photograph of the licensed
driver with his license number.
b.
Every taxicab so licensed shall have painted on both sides thereof
the word "taxi" or "cab" in letters at least three inches high; or
the name of the operating owner containing the word "taxi" or "cab"
or "taxicab."
c.
Each limousine so licensed shall be painted a dark somber color and
maintained at all times in a neat fashion.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-19]
No such taxicab shall be permitted to park in the Township except
in those spaces in the Township designated by the Township Council
marked "taxi stand," or at such other places off the public streets
as may hereinafter be approved by resolution of the Township Council.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-20]
a.
No taxicab or limousine owner or operator shall cruise on the streets
of this Township any taxicab or limousine at any time for the purpose
of soliciting passengers.
b.
No such licensed taxicab, while waiting employment by passengers,
shall stand on any public street or place other than at or upon the
designated public taxicab stand; nor shall any driver seeking employment
repeatedly and persistently drive to and fro on a short space before
or otherwise interfere with the proper and ordinary access to or egress
from any railroad station, theater, hotel, restaurant or any other
public place. Employment may be solicited by driving through a public
street or place without stops other than those due to obstructions
or traffic and at a rate of speed that would not interfere with or
impede the traffic.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-21]
Drivers of taxicabs or limousines shall not receive or discharge
passengers in the roadway, but shall pull up to the righthand sidewalk
as nearly as possible or, in the absence of a sidewalk, to the extreme
right-hand side of the road and there receive or discharge passengers,
except upon one-way streets where passengers may be discharged on
either the right- or left-hand sidewalk or side of the roadway in
the absence of a sidewalk.
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-22]
Any owner licensed to operate any given number of cabs must
operate all cabs for which licenses are issued a minimum number of
hours of each day commencing at 7:00 p.m. through 12:00 midnight,
except when withdrawn from service or for a reasonable period, in
the discretion of the Township Council, for necessary repairs (48
hours for mechanical repairs, 10 days for accidents).
[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-23]
Should a taxicab or limousine be withdrawn from service for
necessary repairs, as allowed in subsection 4-4.22, or for replacement,
the Office of Licensing and Inspection shall issue a transfer of license
thereof to substitute another vehicle in place of the one withdrawn,
provided that all parts of this section are complied with in respect
to the proposed substitution. There shall be a fee of $3 for the issuance
of the transfer.
[Ord. No. 0-33-75; 1967 Code § 78A-1]
As used in this section:
Includes individuals, partnerships, voluntary associations
and corporations.
Any sale of used merchandise not conducted as part of a continuing
business venture, or any casual sale of tangible personal property
which is advertised by any means whereby the public at large is or
can be made aware of the sale. The term "yard sale" shall include
all sales entitled "yard sale," "lawn sale," "attic sale," "rummage
sale," "garage sale" or "flea market sale."
[Ord. No. 0-33-75; 1967 Code § 78A-2]
a.
No person shall conduct a yard sale within the Township without first
filing with the Code Enforcement Officer the information required
by subsection 4-5.3 hereof and obtaining a yard sale permit from the
Code Enforcement Officer.
b.
A yard sale permit shall be issued, without fee, to any applicant
who complies with the terms and conditions of this section, except
that such permit shall not be issued to the same applicant or for
the same property more than twice within any calendar year.
c.
A yard sale permit shall not be issued for more than three consecutive
calendar days.
d.
A yard sale permit must be prominently displayed on the premises
upon which the yard sale is conducted throughout the entire period
of the sale.
[Ord. No. 0-33-75; 1967 Code § 78A-3]
The following information must be filed with the Code Enforcement
Officer on a form provided therefor before a yard sale permit may
be issued:
a.
Name of the person conducting the sale.
b.
Written consent of the owner, if the applicant is a tenant in possession
of the property on which the sale is to be conducted.
c.
Location at which the sale is to be conducted.
d.
Number of days of the sale.
e.
Date and nature of any past sale.
f.
Whether applicant is conducting the sale together with, for or on
behalf of any other person, firm, group, organization, association
or corporation and, if so, the name of the person, firm, group, organization,
association or corporation and the date or dates of any past sale
held by same.
g.
Whether or not the applicant has been issued any other vendor's
license by any local, State or Federal agency.
h.
Sworn statement of affirmation by the person signing that the information
therein given is full and true and known to him to be so.
[Ord. No. 0-33-75; 1967 Code § 78A-4]
[Ord. No. 0-33-75; 1967 Code § 78A-5]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any persons selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
[Ord. No. 0-33-75; 1967 Code § 78A-6]
Upon application by any bona fide charitable, eleemosynary,
educational, cultural or governmental institution or organization,
the Township Council may waive any or all of the requirements of this
section; provided, however, that the burden of establishing eligibility
for waiver shall be on the organization or institution applying for
such waiver.
[Ord. No. 0-33-75; 1967 Code § 78A-7]
Any person conducting a yard sale without first obtaining a
permit therefor or who shall violate any of the other provisions and
regulations of this section shall, upon conviction, be fined not less
than $20 nor more than $250 or be imprisoned for a period not to exceed
10 days for each violation. Each day that such sale shall continue
without a proper permit shall be considered a separate violation.
[Ord. No. 4-13-70; 1967 Code § 76-1]
This section shall be designated and referred to as the "Township
Motor Vehicle Establishments Licensing Regulations."
[Ord. No. 4-13-70; 1967 Code § 76-2]
As used in this section:
An establishment engaged primarily in the general repair,
rebuilding, replacing or reconditioning of engines, motor vehicles;
collision service, including body and fender repair, and frame straightening;
painting or upholstering; and vehicle steam cleaning and undercoating.
And include all vehicles which are self-propelled otherwise
than by muscular power, and designed for use on land or roadways,
whether new or used, and including, but not by way of limitation,
all passenger cars and vehicles, motorcycles, motorbikes, trucks,
trailers and tractors, and the like.
Any person engaged in the business of renting, leasing or
holding for hire any motor vehicle.
Any person engaged as agent, distributor or authorized dealer
of the manufacturer of the motor vehicle, and who has an established
place of business.
And include all natural "persons," firms or copartnerships,
corporations, associations or other artificial bodies, receivers,
trustees, common-law or statutory assignees, executors, administrators,
sheriffs, constables, marshals or other "persons" in a representative
or official capacity, and members, officers, agents, employees or
other representatives of those hereinbefore enumerated.
Any person engaged in the business of buying, selling, dealing
or trading of used motor vehicles, who has an established place of
business.
[Ord. No. 4-13-70; 1967 Code § 76-3]
Each applicant for a license under the provisions of this section
shall file with the Office of Licensing and Inspection a written application
signed by the applicant or applicants, which application shall state:
a.
The name and residence of the applicant, and, if a firm, association,
partnership or corporation, the name and address of the officers and
the registered agent or partners. (If the application is being made
on behalf of someone other than the applicant, then the name and address
of the person for whom the application is being made.)
b.
The detailed nature of the business to be conducted.
c.
The place where the business is to be located and carried on by metes
and bounds, and also the present zoning classification of the property.
d.
If the applicant is not the owner of the site where the business
is to be conducted, the owner's consent to the conduct of the
business shall accompany the application.
e.
A plan or survey showing the existing or the proposed entrance or
entrances to the premises where the business is to be conducted and
the names and addresses of all owners of real estate on both sides
of the street or road for the distance of 1,000 feet thereof. (An
applicant seeking to renew licenses pursuant to this section need
not comply with this provision unless changes have been made or are
proposed to be made during the year for which the present license
is sought.)
f.
If the applicant intends to erect any building or structure in furtherance
of any business licensed hereunder during the calendar year, he shall
submit with this application four site plans prepared by a certified
engineer, architect or individual permitted to prepare the plans in
accordance with the statutes of the State of New Jersey. A copy of
the plan shall be forwarded to the Township Planning Board, the Construction
Code Official and the Fire Commissioners, who shall review the site
plan and make the recommendations and report to the Township Council
within 45 days from receipt thereof.
g.
Whether or not the applicant has been convicted of a crime within
the least three years and, if so enumerating the nature of the offense
of the conviction.
h.
Such other information as the applicant deems necessary for the information
of the approving agency.
[Ord. No. 4-13-70; Ord. No. 5-11-70; Ord. No. 0-19-71; Ord. No. 0-7-80; 1967 Code § 76-4]
a.
Such application shall be accompanied by cash or check payable to
the order of the Township in a sum equaling the whole application
and license fee.
b.
There shall be an initial application fee of $100 for an applicant's
first calendar year or for any fractional part of such year for which
license hereunder is applied for the purpose of providing the funds
for the cost of inspection and review of the application, which shall
be nonrefundable. However, for the subsequent renewal of these licenses,
the application fee shall be $50, which shall also be nonrefundable.
c.
If the application is approved, there shall be, for the purpose of
providing funds for the licensing, regulation and supervision of the
business hereunder, a license fee in the amount specified hereafter,
per calendar year or for any fractional part of such year, for which
license hereunder shall be issued as follows:
d.
If the application for license is denied, the license fee shall be
returned to the applicant.
[Ord. No. 4-13-70; 1967 Code § 76-5; New]
a.
Each application filed with the Department of Community Development,
as herein provided, shall be presented by the Department of Community
Development to the Township Council at its next regular meeting following
the filing of such application, and the Township Council may act upon
any applications so presented at such meeting, unless otherwise specified
herein, or at any subsequent meeting to which it shall defer action
thereon. No license shall be issued by the Department of Community
Development until the issuance thereof has been duly approved by resolution
adopted by the Township Council.
b.
The Township Council may refer the application for study and report
to the Township Planning Board, Construction Code Official, Board
of Health, Fire Commissioners or other Municipal agency whose opinion
may be required, who shall report their findings and recommendations
to the Township Council no later than 30 days from receipt thereof.
Notwithstanding, the Township Council shall act upon any application
so presented to it by the Department of Community Development within
60 days from the meeting.
[Ord. No. 4-13-70; Ord. No. 0-14-74; 1967 Code § 76-6]
a.
All licenses issued pursuant to the provisions of this section shall
expire at 12:00 midnight on March 15 next succeeding the date of the
issuance thereof. All persons, firms, associations, partnerships or
corporations desiring to continue in such business after the expiration
of any license granted hereunder shall make application before January
5 for a new license for the ensuing year and shall pay the application
and license fees in like manner and amount as for the review and issuance
of the original license.
b.
The Township Council may withhold the issuance or renewal of any
license for the violation of any of the terms of this section or any
violation established pursuant to subsection 4-6.18. However, no issuance
or renewal shall be withheld unless five days' notice in writing
is given the licensee, and a hearing of the charges presented is held.
[Ord. No. 4-13-70; 1967 Code § 76-7; New]
A separate license shall be obtained for each separate location
at which the business of the licensee or some part thereof is proposed
to be conducted, and the license shall authorize the licensee to conduct
the business only at the place specified in the license. The license
shall be transferable to another location or another person only with
the consent of the Township Council. Any transfer to another location
or person shall be endorsed upon the original license by the Office
of Licensing and Inspection after the adoption of a resolution by
the Township Council approving such transfer, and the payment to the
Department of Community Development of a transfer fee of $50.
[Ord. No. 4-13-70; 1967 Code § 76-8]
No license shall be issued until the applicant shall have established
that the proposed business can be operated in accordance with the
requirements of this section.
[Ord. No. 4-13-70; 1967 Code § 76-9]
a.
No license shall be issued for the conduct of any business permitted
herein if the premises and building to be used for the purpose do
not fully comply with any requirements, standards or conditions established
by the Township Council as a prerequisite for the issuance of any
license. Unless otherwise specifically stated, approval by the Township
Council of the request for renewal of the application shall be deemed
to incorporate the prior standards, lot and building descriptions,
and other conditions, etc., required.
b.
No such license shall be issued for the conduct of any business or
performance of any act which would involve a violation of the Zoning
Ordinance of the Township.
c.
No business permitted hereunder, licensed or not, shall be so conducted
as to amount to a nuisance as defined in Chapter BH:13 of the Board
of Health Code.
d.
Inspections. Any authorized agent or designate of and by the Township
Council shall have the right at any and all reasonable times to inspect
any or all parts of the licensed premises as may be reasonably necessary
to secure compliance with this section, or to detect violations thereof.
It shall be the duty of the licensee, or the person in charge of the
premises to be inspected, to admit thereto for the purpose of making
the inspection the designated representative of the Township who is
authorized or directed to make such inspection at any reasonable time
that admission is requested.
e.
It shall be the duty of any person conducting a licensed business
pursuant to this section to keep his license posted in a prominent
place on the premises used for such business at all times.
[Ord. No. 4-13-70; 1967 Code § 76-10]
Every applicant shall have on the premises, and in good working
order, a fire extinguisher with a capacity of 2 1/2 gallons,
or such additional fire protection equipment that may be necessary
in order to protect the premises. At the time application is made,
the applicant shall be required to set forth what apparatus or devices
he has secured for his premises.
[Ord. No. 4-13-70; 1967 Code § 76-11]
a.
No license shall be issued to any applicant hereunder to carry on
or conduct the business on any open lot, building or combination thereof,
which contains less than:
1.
New car dealer: one-hundred-fifty-foot frontage to 20,000 square
feet.
2.
Used car dealer: one-hundred-fifty-foot frontage to 20,000 square
feet.
3.
Automotive repair establishment: one-hundred-fifty-foot frontage
to 20,000 square feet.
4.
Motor vehicle rental agency: one-hundred-fifty-foot frontage to 20,000
square feet.
b.
Square feet shall be calculated on the basis of the first floor only
of any building.
[Ord. No. 4-13-70; 1967 Code § 76-12]
a.
Every such open lot, building or place of business so used by a licensee
under this section shall have maintained on the premises where such
business is conducted or in conjunction therewith, within a reasonable
distance thereof, a rest room with toilet accommodations in accordance
with the Health Code and Sanitary Regulations of the Township.[1]
[1]
Editor's Note: See Chapter BH:8, Sanitary Code.
[Ord. No. 4-13-70; 1967 Code § 76-13]
As a condition precedent to the issuance of a license, as provided
for by this section, the applicant shall secure all other necessary
permits as may be required by the ordinances of the Township and shall
pay the fee established for the permits.
[Ord. No. 4-13-70; 1967 Code § 76-14]
In the construction and enforcement of this section, the act
or omission of any agent or any other employee employed by any person
under this section, committed within the apparent scope of his employment,
shall presumably be an act or omission of such person holding such
license, as well as the act of omission of that agent or employee.
[Ord. No. 4-13-70; 1967 Code § 76-15]
No person shall knowingly buy, sell, receive, dispose of, conceal
or have in his possession any motor vehicle, part or accessory from
which the manufacturer's serial number or any other number or
identification mark has been removed, defaced, covered, altered or
destroyed, for the purpose of concealing or misrepresenting the identity
of such vehicle, part or accessory. Every person to whom is offered
for sale or storage any motor vehicle, part or accessory from which
has been removed, defaced, covered, altered or destroyed the manufacturer's
serial number, or any other number or identification mark, shall immediately
notify the Chief of Police of such offer.
[Ord. No. 4-13-70; 1967 Code § 76-16]
Every licensee shall comply at all times, with the rules and
regulations promulgated and prescribed by the Director of Public Safety
concerning the conduct of the businesses licensed hereunder.
[Ord. No. 4-13-70; 1967 Code § 76-17]
It shall be the duty of the Construction Code Official to make
periodic inspections of all licensed premises to ensure compliance
with this section.
[Ord. No. 4-13-70; 1967 Code § 76-18]
a.
Any license issued hereunder may be revoked for the violation of
any of the terms of this section, by the Township Council, but such
revocation shall not relieve the licensee from the penalties hereinafter
provided.
b.
Likewise, any violation of any other municipal ordinance, State or
Federal statute, or any falsification or misrepresentation in applying
for this license, shall be deemed grounds for revocation.
c.
The license may be revoked after five days' notice, in writing,
and upon a hearing of the charges presented.
[Ord. No. 4-13-70; 1967 Code § 76-19]
a.
Any new car dealer engaging in the sale of used cars shall comply
with the provisions of subsection 4-6.20.
b.
Notwithstanding the provisions of the Zoning Ordinance, the offering
for sale of new cars shall be permitted only in the RC-Retail Commercial
and GC-General Commercial-Highway Districts.
[Ord. No. 4-13-70; 1967 Code § 76-20]
In addition to requirements hereinbefore enumerated, the following
provisions shall apply to all used car dealers:
a.
Every used car lot or premises shall be adequately lighted at night
while the lot is open for business. Every such lot shall also be kept
free of paper, boxes and other debris, and any flammable matter which
is likely to cause injury to health or to cause damage by fire or
which is unsightly.
b.
Wherever artificial lighting is used on the licensed premises or
lot, the lighting shall be so installed and maintained that no disturbing
glare may be visible on adjacent properties or to motorists using
the public streets. The use of colored lights which may be mistaken
for traffic lights or signals and artificial lights that change in
intensity or produce a flashing or moving effect are hereby prohibited.
c.
All openings for entrance or exit to or from the used car lot or
premises along the street lines, or lines on which the same abut,
shall be located in accordance with the ordinances of the Township,
and only at such locations where the street curb has been lowered,
and in such a manner as may be approved by the Township Engineer and
Chief of Police regarding safety to pedestrians and vehicular traffic.
d.
No person shall conduct, operate or carry on the business of selling
or trading of motor vehicles between the hours of 10:00 p.m. and 7:00
a.m., prevailing time, of the following day.
e.
No motor vehicle shall be stored for sale or trade under the license
issued hereunder within 40 feet of any adjoining residential property
line.
f.
No motor vehicle shall be exhibited, stored, parked, kept or located
under the license issued hereunder on or within 25 feet of any street,
public right-of-way, sidewalk, or part thereof, except where customers',
officers' or employees' parking is provided adjacent to
any building, then 10 feet.
g.
Notwithstanding the provisions of the Zoning Ordinance of the Township,
the business of buying, selling, dealing or trading of used motor
vehicles shall only be allowed in the RC-Retail Commercial and GC-General
Commercial-Highway Districts.
h.
No used car dealer who is carrying on the business in the Township
on the first day of May 1970 shall be required to comply with the
provisions of subsection 4-6.2.
i.
Each licensee shall furnish to the Chief of Police on the 10th day
of each month a written report of all motor vehicles purchased from
it during the preceding month, containing a description of such vehicle,
its license number and serial number, and names and addresses of the
sellers and purchasers. This shall apply to retail sales only.
[Ord. No. 4-13-70; 1967 Code § 76-22]
In addition to requirements hereinbefore enumerated, the following
provisions shall apply to all automotive repair establishments.
a.
All yards or places where such businesses are or shall be conducted,
or where such motor vehicle parts are to be stored or kept, shall
be kept from public view by a cyclone-type fence, or equal type, not
less than seven feet high. In the event the fence is not made of a
solid material, then the licensee shall restrict the view by the installation
of a solid material on the fence, or, in the alternative, the licensee
shall plant suitable plant or tree coverage, which tree plantings
shall be at no greater than six-foot intervals. In the event tree
plantings are installed, the tree plantings shall restrict motor vehicles
and motor vehicles parts from view within one year of the date of
the planting. All plantings of trees, shrubs or other plants and fence
installation shall be approved by the Construction Code Official prior
to installation or planting.
b.
Fire lanes shall be maintained on the licensed premises at all times
pursuant to the regulations of the Fire Commission or other authorized
employees of the Township, including therein all Fire Marshals.
c.
All goods, articles, merchandise or motor vehicles must be stored
and kept within the enclosed fence above described and not upon the
sidewalk, street or any part thereof, and no material shall be piled
or placed so as to be visible from any adjoining street.
d.
It shall be unlawful to affix or display, or permit to be affixed
or displayed, upon any such enclosing fence, any picture, sign, bill,
notice or other thing for the purpose of advertising. Such fence shall
be kept painted in a uniform color if made of a solid material. Any
openings in such fence shall be fitted with gates which shall be kept
closed when not used for ingress or egress to or from the premises.
e.
Every automotive repair establishment shall be adequately lighted
at night while the lot is open for business. Every such lot shall
also be kept free of paper, boxes or other debris, and any flammable
matter which is likely to cause injury to health or to cause damage
by fire, or which is unsightly.
f.
Wherever artificial lighting is used on the licensed premises, or
lot, the lighting shall be so installed and maintained that no disturbing
glare may be visible on adjacent properties or to motorists using
the public streets. The use of colored lights which may be mistaken
for traffic lights or signals and artificial lights that change in
intensity or produce a flashing or moving effect are hereby prohibited.
g.
All openings for entrance to or exit from the automotive repair establishment
along the street lines, or lines on which the same abuts, shall be
located in accordance with the ordinances of the Township, and only
at such locations where the street curb has been lowered, and in such
a manner as may be approved by the Township Engineer and Chief of
Police regarding safety to pedestrians and vehicular traffic.
h.
No person shall conduct, operate or carry on the business of automotive
repair between the hours of 10:00 p.m. and 7:00 a.m., prevailing time,
of the following day.
i.
No motor vehicle shall be repaired or stored for repair under the
license issued hereunder within 40 feet of any adjoining residential
property line.
j.
No motor vehicle shall be repaired, stored for repair, parked, kept
or located under the license issued hereunder on or within 25 feet
of any street, public right-of-way, sidewalk or part thereof, except
where customers', officers' or employees' parking is
provided adjacent to any building; then 10 feet.
[Ord. No. 4-13-70; 1967 Code § 76-24]
In addition to regulations hereinbefore enumerated, the following
provisions shall apply to all motor vehicle rental agencies:
[Ord. No. 4-13-70; 1967 Code § 76-25]
a.
All licenses shall be numbered consecutively and the Office of Licensing
and Inspection shall furnish each licensee a card setting forth his
name and the number of such license. In addition thereto, the Office
of Licensing and Inspection shall be required to maintain a register
for the posting and keeping of all licenses issued pursuant to this
section.
b.
Because the general health, safety and welfare of the citizens of
the Township would not be best served by the unlimited licensing of
the following businesses, the number of licenses to be issued shall
be as permitted by the governing body.
c.
Any person maintaining and operating any of the businesses to be
licensed on the effective day of this section shall be entitled to
a license, as provided herein, provided they file their application
for the license within 60 days from the effective date of this section,
pay the required application and licensing fee therefor, and comply
in all respects with the provisions of this section; after the period
of 60 days from the effective date of this section, no new license
shall be issued unless and until the number of such licenses outstanding
is fewer than the number provided above.
d.
The license fee for the calendar year 1970 shall be prorated per
month or part thereof.
[Ord. No. 4-13-70; 1967 Code § 76-26]
No license as herein provided shall be granted to any person
who shall have been convicted within three years of the date of application
of a violation of this section or any felony, or knowingly receives
stolen goods; and, where applicable, cannot comply with the provisions
of N.J.S.A. 39:10-19.
[Ord. No. 4-13-70; 1967 Code § 76-27]
No person shall carry on the business at or from any other place
in the Township than the one designated in the license therefor; and
no other person shall henceforth engage in or carry on any of the
businesses so licensed, in whole or in part, without first complying
with the provisions of this section.
[Ord. No. 4-13-70; 1967 Code § 76-28; New]
Every person, firm or corporation violating any provision of
this subsection, or who fails to comply therewith, or who shall violate
or fail to comply with any order or regulation made thereunder shall
be subject to the General Penalty established in Section 1-5 of this
Code. The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions or in any way to prohibit
the revocation of the license pursuant to subsection 4-6.18.
[Ord. No. 0-9-80; 1967 Code § 31A-1]
As used in this section:
Any establishment, other than a public garage, supplying
or selling motor fuel from a pump or pumps and oil from a container
or containers direct to motor vehicles.
[Ord. No. 0-9-80; 1967 Code § 31A-2]
a.
Every person permitted or approved to operate a gasoline selling
or service station, in accordance with the provisions of Chapter 20,
shall be required to secure an annual license from the Township.
b.
Each applicant for a license under the provisions of this section
shall file with the Office of Licensing and Inspection a written application
signed by the applicant or applicants, which application shall state:
1.
The name and residence of the applicant and, if a firm, association,
partnership or corporation, the name and address of the officers and
the registered agent or partners (if the application is being completed
on behalf of someone other than the applicant, then the name and address
of the person for whom the application is being made).
2.
The detailed nature of the business to be conducted.
3.
The place where the business is located and carried on, including
street and mailing address, and also the present zoning classification
of the property.
4.
If the applicant is not the owner of the site where the business
is being conducted, the owner's consent to the conduct of the
business shall accompany the application.
5.
Whether or not the applicant has been convicted of a crime within
the last three years and, if so, enumerating the nature of the offense.
6.
Such other information as the applicant deems necessary for the information
of the approving agency.
[Ord. No. 0-9-80; 1967 Code § 31A-3]
a.
For the purpose of providing funds for the licensing, regulation
and supervision of the businesses hereunder, an annual license fee
in the amount of $100 per license year or for any fractional part
thereof for which the license hereunder shall be charged. This fee
shall be in addition to any other fee required to be paid pursuant
to Chapter 20.
b.
If the application for annual license renewal is denied, 50% of the
license fee shall be returned to the applicant, the balance thereof
to be retained by the Township to cover the costs of providing inspection
and review of the application.
[Ord. No. 0-9-80; 1967 Code § 31A-4]
a.
Each annual renewal application shall be filed with the Department
of Community Development, who shall refer it to the Township Council
at its next regular meeting following the filing of such application.
The Township Council may act upon any application so presented at
such meeting, unless otherwise specified herein, or any subsequent
meeting to which it shall defer action thereon. No license shall be
issued by the Department of Community Development until the issuance
thereof has been duly approved by motion or resolution adopted by
the Township Council.
b.
The Township Council may refer the application for study and report
to the Township Code Officer, its Planning Board, Construction Code
Officer, Board of Health, Fire Commissioner or any other Municipal
agency whose opinion may be required, who shall then report their
findings and recommendations to the Township Council no later than
30 days from receipt thereof. Notwithstanding, the Township Council
shall act upon any application so presented to it by the Department
of Community Development within 60 days from the meeting.
[Ord. No. 0-9-80; 1967 Code § 31A-5]
a.
All licenses issued pursuant to the provisions of this section shall
expire at 12:00 midnight on July 1 next succeeding the date of the
issuance thereof. All persons, firms, associations, partnerships or
corporations desiring to continue in such business after the expiration
of any license granted hereunder shall make application before May
1 for a new license for the ensuing year and shall pay the annual
licensing fee at the time the application for renewal is made.
b.
The Township Council may withhold the issuance of any license for
the violation of any of the terms of this section or any violation
established pursuant to Chapter 20 or for any violation of any other
Municipal ordinance, State or Federal statute or any falsification
or misrepresentation in applying for this license. However, no issuance
or renewal shall be withheld unless five days' notice, in writing,
is given the licensee and a hearing of the charges is held in accordance
with the terms of Section 4-1, Permits and Licenses of this chapter.
[Ord. No. 0-9-80; 1967 Code § 31A-6]
A separate license shall be obtained for each separate location
at which the business of the licensee or some part thereof is proposed
to be conducted, and the license shall authorize the licensee to conduct
the business only at the place specified in the license. The license
shall not be transferable to another location unless the procedure
for a new application is made as required in Chapter 20. Person to
person transfers shall be with the consent of the Township Council.
Any transfer to another location or person shall be endorsed upon
the original license by the Office of Licensing and Inspection after
the adoption of a resolution by the Township Council or the Board
of Adjustment, as the case may be, and the payment to the Office of
Licensing and Inspection of the transfer fee of $50.
[Ord. No. 0-9-80; 1967 Code § 31A-7]
No license shall be issued until the applicant shall have established
that the proposed business can be operated in accordance with the
requirements of Chapter 20 and of this section.
[Ord. No. 0-9-80; 1967 Code § 31A-8]
a.
No license shall be issued for the conduct of any business permitted
herein if the premises and building to be used for the purpose do
not fully comply with any requirements, standards or conditions established
by the Township Council, County of Gloucester and/or State of New
Jersey as a prerequisite for the issuance of continued operation of
any license. Unless otherwise specifically stated, approval by the
Township Council of the request for renewal of the application shall
be deemed to incorporate the prior standards, lot and building descriptions
and other conditions, etc., required.
b.
No such license shall be issued for the conduct of any business or
performance of any act which would involve a violation of any Zoning
Ordinance of the Township.
c.
No business permitted hereunder, licensed or not, shall be so conducted
as to amount to a nuisance as defined in Chapter BH:13 of the Board
of Health Code.
d.
Inspections. Any authorized agent or designee of and by the Township
Council shall have the right at any and all reasonable times to inspect
any and all parts of a licensed premises as may be reasonably necessary
to secure compliance with this section or to detect violations thereof.
It shall be the duty of the licensee or the person in charge of the
premises to be inspected to admit thereto for the purpose of making
the inspection the designated representative of the Township, who
is authorized and directed to make such inspection at any reasonable
time that admission is requested.
e.
It shall be the duty of any person conducting a licensed business
pursuant to this section to keep his license posted in a prominent
place on the premises used for such business at all times.
[Ord. No. 0-9-80; 1967 Code § 31A-9; Ord. No. 0-4-82]
Every applicant shall have on the premises, and in good working
order a fire extinguisher with a capacity of 30 pounds, with such
additional fire-protection equipment that may be necessary in order
to protect the premises. At the time application is made, the applicant
shall be required to set forth what apparatus or devices he has secured
for this purpose.
[Ord. No. 0-9-80; 1967 Code § 31A-10]
No persons shall carry on the business at or from any other
place in the Township than the one designated in the license therefor,
and no other person shall henceforth engage in or carry on any of
the businesses so licensed, in whole or in part, without first complying
with the provisions of this section.
[Ord. No. 0-9-80; 1967 Code § 31A-11; New]
Every person, firm or corporation violating any provision of
this section or who fails to comply therewith or who shall violate
or fail to comply with any order or regulation made thereunder shall
be subject to the General Penalty established in Section 1-5 of this
Code. The application of the above penalties shall not be held to
prevent the enforced removal of prohibited conditions or in any way
to prohibit the revocation or nonrenewal of any license issued pursuant
to the terms and conditions of this section.
[Ord. No. 5-9-66; 1967 Code § 36-1]
No person shall establish, operate or maintain a motor vehicle
junkyard or business, or any other junkyard or junk business, nor
store, purchase, sell or deal in junk, unless he shall first obtain
a license for such yard, business or storage from the Township Council.
[Ord. No. 5-9-66; 1967 Code § 36-2]
As used in this section:
Any old, discarded or unused waste iron or other metal, or
substance, glass, paper, used lumber, rags, machine parts, accessories,
discarded machinery or discarded machines in whole or in part, unregistered
motor vehicles which are unfit for reconditioning or for sale for
highway transportation, used parts of motor vehicles and any material
commonly known and generally referred to as junk in the ordinary meaning
of the word.
Any lot of land within the Township on which junk is placed,
collected, stored or kept.
[Ord. No. 5-9-66; 1967 Code § 36-3]
Every applicant for a license under the provisions of this section
shall file with the Department of Community Development a written
application signed by the applicant or applicants, which application
shall state:
a.
The name and residence of the applicant and, if a firm, association,
partnership or corporation, the name and address of the officers and
the registered agent or partners.
b.
The detailed nature of the business to be conducted and the classes
of material which it is proposed to store therein.
c.
The place where the business is to be located and carried on, by
metes and bounds, and also the present zoning class of the property.
d.
A plan or survey showing the existing or proposed entrance or entrances
to the premises where the business is to be conducted and the names
and addresses of all owners of real estate on both sides of the street
or road for a distance of 1,000 feet on each side thereof.
e.
If the applicant is not the owner of the site where the business
is to be conducted, the owner's consent to the conduct of the
business shall accompany the application.
f.
Type of fence to be constructed around premises.
[Ord. No. 5-9-66; 1967 Code § 36-4]
Such application shall be accompanied by cash or certified check
payable to the order of the Township in a sum equaling the whole license
fee, which shall be returned in the event that the license is refused.
[Ord. No. 5-9-66; 1967 Code § 36-5]
Each application filed with the Department of Community Development,
as herein provided, shall be presented by the Department of Community
Development to the Township Council at its next regular meeting following
the filing of such application, and the Township Council may act upon
any application so presented at such meeting or at any subsequent
meeting to which it shall defer action thereon, and no license shall
be issued by the Department of Community Development until the issuance
thereof has been duly approved by resolution adopted by the Township
Council.
[Ord. No. 5-9-66; 1967 Code § 36-6]
All licenses issued pursuant to the provisions of this section
shall expire at 12:00 midnight on January 31 next succeeding the date
of the issuance thereof, and all persons, firms, associations, partnerships
or corporations desiring to continue in such business after the expiration
of any license granted hereunder shall make application before January
5 for a new license for the ensuing year and shall pay the license
fee in like manner and amount as for the issuance of the original
license. No notice or hearing shall be necessary for such renewal.
[Ord. No. 5-9-66; Ord. No. 3-13-67; Ord. No. 0-7-80; 1967 Code § 36-7]
A separate license shall be obtained for each separate location
at which the business of the licensee or some part thereof is proposed
to be conducted, and the license shall authorize the licensee to conduct
the business only at the place specified in the license and shall
be transferable to another location only with the consent of the Township
Council. Any transference to another location shall be endorsed upon
the original license by the Department of Community Development, after
the adoption of a resolution by the Township Council approving such
transfer and the payment to the Department of Community Development
of a transfer fee of $150.
[Ord. No. 5-9-66; Ord. No. 3-13-67; Ord. No. 0-7-80; 1967 Code § 36-8]
The annual license fee shall be $400.
[Ord. No. 5-9-66; 1967 Code § 36-9]
No license shall be issued until the applicant shall have established
that the proposed business can be operated in accordance with the
requirements of this section.
[Ord. No. 5-9-66; Ord. No. 9-26-66; 1967 Code § 36-10]
Junkyards shall be operated as follows:
a.
No motor vehicle or junk shall be stored or dismantled within 40
feet of any dwelling house, except such dwelling house as may be situated
on the licensed premises.
b.
No junk or refuse material shall be burned.
c.
Precaution shall be taken by each licensee hereunder to safeguard
all flammable, combustible or explosive materials from fire, and no
licensee shall stack, pile or place junk upon the licensed premises
in such manner as to create a fire hazard or to create a place for
the harboring or breeding of rats, mice or vermin.
d.
No junk shall be stacked, piled, placed or stored nearer than 40
feet from the edge of the right-of-way adjacent to the main entrance
of the licensed premises, and no junk shall be stacked, piled, placed
or stored nearer than 10 feet to the edge of the right-of-way of any
other public road.
[Ord. No. 5-9-66; Ord. No. 9-26-66; 1967 Code § 36-11; New]
a.
All yards or places where such businesses are or shall be conducted
or where such materials are to be stored or kept shall be kept from
public view by a cyclone-type fence or equal type not less than six
feet high. In the event the fence is not made of a solid material,
then the licensee shall restrict the view by the installation of solid
material on the fence or, in the alternative, the licensee may plant
suitable plant or tree coverage, which tree plantings shall be at
not greater than six feet intervals. In the event tree plantings are
installed, the tree plantings shall restrict the junkyard from view
within one year of the date of the planting. All plantings of trees,
shrubs or other plants and fence installations shall be approved by
the Construction Code Official prior to installation or planting.
b.
Fire lanes shall be maintained on the licensed premises at all times
pursuant to the regulations of the Fire Commission or other authorized
employees of the Township, including therein all Fire Marshals.
[Ord. No. 5-9-66; 1967 Code § 36-12]
It shall be unlawful to hammer or pound any metals or other
materials on the premises between the hours of 7:00 p.m. and 7:00
a.m. on weekdays or at any time on Sundays.
[Ord. No. 5-9-66; 1967 Code § 36-13]
All goods, articles, merchandise or motor vehicles must be stored
and kept within the enclosed fence above described, and not upon the
sidewalk, street or any part thereof; and no material shall be piled
or placed so as to be visible from any adjoining street.
[Ord. No. 5-9-66; 1967 Code § 36-14]
Any member of the Township Council, Board of Health, the Health
Officer, the Chief of Police or any authorized agent of the Township
shall have the right at any and all reasonable times to inspect any
or all parts of the licensed premises.
[Ord. No. 5-9-66; 1967 Code § 36-15]
It shall be unlawful for persons to deposit or leave any abandoned
or unlicensed automobile, truck or other automotive equipment or any
part thereof, or any other junk, in open fields or upon other unfenced
private property without first obtaining the permission of the Township
Council.
[Ord. No. 5-9-66; 1967 Code § 36-16]
It shall be unlawful for persons to store, keep or place two
or more unlicensed automobiles or two or more automobiles which are
unfit for reconditioning for sale for highway transportation upon
any property within the Township without first obtaining a junkyard
license.
[Ord. No. 5-9-66; 1967 Code § 36-17]
All licenses under this section shall at all times be subject
to such reasonable rules as may be made by the Township Council for
the proper operation and regulation of the place of business named
in such license.
[Ord. No. 5-9-66; 1967 Code § 36-18; Ord. No. 0-10-74]
a.
Any license issued hereunder may be revoked by the Township Council
for the violation of any of the terms of this section, but such revocation
shall not relieve the licensee from the penalties hereinafter provided.
b.
Likewise, any violation of any other Municipal ordinance, any State
or Federal statute or any falsification or misrepresentation in applying
for this license shall be deemed grounds for revocation.
c.
The license may be revoked after five days' notice in writing,
and upon a hearing of the charges presented.
[Ord. No. 5-9-66; Ord. No. 3-13-67; 1967 Code § 36-19]
Any person, firm or corporation keeping, maintaining and operating
a junkyard in the proper zone class on the effective day of this section
shall be entitled to a license as provided herein, provided he files
his application for the license within 60 days from the effective
date of this section, pays the required license fee therefor and complies
in all respects with the provisions of this section. After the period
of 60 days from the effective date of this section, no new license
shall be issued unless and until the number of such licenses outstanding
is fewer than five; provided, however, that this limitation shall
not prevent renewals or person-to-person transfers of junkyard owners'
licenses issued and outstanding.
[Ord. No. 5-9-66; Ord. No. 3-13-67; 1967 Code § 36-20]
a.
Any junkyard license for a new license term, which is issued to replace
a license which expired on the last day of the license term which
immediately preceded the commencement of the new license term or which
is issued to replace a license which expired on the last day of the
license term shall be deemed to be a renewal of the expired or expiring
license; provided that the license is for the same owner as the expired
or expiring license, covers the same junkyard and is issued to the
holder of the expired or expiring license and is issued pursuant to
an application therefor which shall have been filed with the Department
of Community Development prior to the commencement of the new license
term. Excepting person-to-person transfers of a junkyard license any
junkyard licenses issued otherwise than above herein provided shall
be deemed to be new licenses.
b.
Nothing in this section shall prohibit the person-to-person transfer
at the location for which it was issued, of licenses granted by the
Municipality under this section from person to person, corporation
to corporation, person to corporation or corporation to person. Persons
or corporations that are licensees under this section shall have a
property right in such licenses and may assign, sell or transfer such
licenses, and the right to such license shall be inheritable and transferable
to the heirs, executors or administrators of such licensees, subject
to the provisions of this section.
c.
In the event any licensee discontinues operation for 120 days for
any reason including death, the license shall lapse and not be transferable.
[Ord. No. 5-9-66; 1967 Code § 36-21; New]
Any person, firm or corporation who shall violate a provision
of this section, or fail to comply therewith or who shall violate
or fail to comply with any order or regulation made thereunder, shall
severally for each and every such violation and noncompliance, be
subject to the General Penalty established in Section 1-5 of this
Code. The imposition of a penalty for a violation of this section
shall not excuse the violation or permit it to continue; such violation
shall be remedied within 10 days of the imposition of the penalty;
thereafter each additional 10 days that such violation is permitted
to exist shall constitute a separate offense. The application of the
above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
[Ord. No. 4-11-49; 1967 Code § 57-1]
It shall not be lawful for any person or persons to own, operate
or use any building or other property within the Township for the
use of what may be known as a riding academy or a livery stable where
horses or other domestic animals may be kept and maintained either
for the purpose of hire of such horses or animals or for the purpose
of boarding such horses or animals for the owners thereof within the
Township without first having obtained a license from the Department
of Community Development so to do.
[Ord. No. 4-11-49; 1967 Code § 57-2]
Each and every person or persons operating the riding academy
or livery stable in buildings or property within the Township for
hire or boarding of horses or other animals, as herein set forth,
shall make an application to the Department of Community Development,
which application shall particularly set forth the place of business
of the applicant, the number of horses or other animals and the names
and addresses of the owners thereof.
[Ord. No. 4-11-49; 1967 Code § 57-3]
The application shall be referred to the Township Council for
approval, and, upon approval, the Department of Community Development
is hereby authorized to issue a license to the applicant upon the
payment of a fee which shall be determined as follows: for horses
and animals not exceeding 10 in number, $100; for each horse or animal
over 10, $25, but in no event shall the annual fee exceed $200.
[Ord. No. 4-11-49; 1967 Code § 57-4]
Every license so issued shall remain in force for one year from
the date issued and shall apply only to the person or persons to whom
granted and shall not be transferable.
[Ord. No. 4-11-49; 1967 Code § 57-5]
Any person or persons to whom such license is granted, as herein
provided, shall be required to exhibit such license whenever called
upon so to do by an officer of the law.
[Ord. No. 4-11-49; 1967 Code § 57-6]
The license fee under this section shall be as follows:
a.
For all riding academies and livery stables, as herein set forth,
a minimum fee of $5 where five horses or other animals may be kept,
or maintained for hire, or boarded for other persons with an additional
$1 for each and every horse or other animal over and above the minimum
number of five.
b.
The fee for issuing the license shall be $1 payable to the Department
of Community Development at the time the application is filed.
c.
The license fee for the riding academy or livery stable shall also
be paid at the time of the filing of the application.
[New]
Any person or persons who shall neglect or violate any of the
provisions of this section shall be subject to the General Penalty
established in Section 1-5 of this Code.
[Ord. No. 11-12-56; Ord. No. 9-14-70; 1967 Code § 25-1; New]
It shall be unlawful for any person to fire or discharge any
shotgun, rifle, pistol, or any other kind of firearm whereby any shot,
bullet or missile is shot or scattered within the confines of the
Township, except as follows:
a.
During the regular hunting season, hunting for game will be permitted;
provided, however, that no person while hunting shall discharge any
kind of firearms within 500 feet of any building or dwelling or within
500 feet of any street or thoroughfare which is opened to or used
by the public.
b.
Where, prior to the operation of a pistol or rifle range, turkey
shoot, firearms demonstration, shooting match or any other event or
events wherein the discharge of firearms occurs, the person, persons,
group, organization or association operating the above-mentioned event
or events shall have first obtained from the Police Department approval
allowing the discharge of firearms at the time and place stated in
the written permit submitted by the applicant. The applicant shall
be required to submit separate permits for each event.
[Ord. No. 11-12-56; Ord. No. 9-28-70; 1967 Code § 25-2; New]
a.
Licensing of operation of a pistol or rifle range.
1.
Notwithstanding any of the provisions of this section, a duly certified
gun, pistol or other club organized for the operation of firearms
may obtain, upon compliance with the requirements of subsection 4-10.4.
All applications for renewal shall be submitted to the Police Department.
2.
Duties of applicant.
(a)
Each applicant for an annual license shall provide a full description
of the range or target area to be used and the name of the owner,
if other than the applicant, together with the owner's certification
granting the applicant the right to use the premises for the designated
purpose.
(b)
The applicant shall further provide a layout of the range or
target area, the manner and hours in which same is intended to be
operated and supervised, all provisions for safety to be taken, the
type of weapon or weapons to be permitted to be used and the names
of all members of the applicant duly authorized to use the facilities
of the applicant.
3.
A copy of the membership list shall be filed in the office of the
Police Department and Chief of Police and may be supplemented, but
in no event shall the range or target area be used by others not listed,
subject to the exceptions hereinafter provided.
[Ord. No. 11-12-56; Ord. No. 9-14-70; Ord. No. 9-28-70; Ord. No. 0-7-80; 1967 Code § 25-3; New]
a.
Applications for permits are to be made on forms provided by the
Department of Community Development. A fee shall be charged for the
issuance of each permit, the amount to be as follows:
|
Permit
|
Fee
| |
|---|---|---|
|
Pistol charge
|
$2
| |
|
I.D. Card
|
$5
| |
|
Processing fee
|
$5
|
b.
Upon completion of the application for permit, the Department of
Community Development shall then submit same to the Township Council
for review and approval.
c.
Upon completion of the application, the Township Council shall forward
a copy of the application to the Chief of Police, who shall then cause
to be made an investigation and submit to the Township Council a written
report of his findings in accordance with the standards established
in subsection 4-10.4 for the issuance of permits.
d.
No permits for any event, events or annual permits shall be approved
prior to the posting of evidence of insurance, which shall afford
minimum personal injury coverage as follows: $100,000/$300,00 for
each accident or mishap.
[Ord. No. 11-12-56; Ord. No. 9-14-70; 1967 Code § 25-4; New]
The Township Council shall not issue any permit where it shall
appear that the discharge of firearms by the applicant or under the
applicant's direction at the time and place stated in the application
for a permit will become or constitute a menace to the safety, health
or general welfare of the inhabitants of the Township. The Township
Council shall have the right to revoke any permit issued where it
appears that a menace exists or will exist to the safety, health or
general welfare of the inhabitants of the Township.
[Ord. No. 11-12-56; 1967 Code § 25-5]
Any person, persons, group, organization or association violating
any of the provisions of this section shall be subject to the General
Penalty established in Section 1-5 of this Code.
