[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Jackson 6-12-1973 by Ord. No. 27-73 (Ch. 111 of the 1972
Code). Amendments noted where applicable.]
A.
Within the limits of the Township of Jackson, in the County of Ocean,
no person, firm or corporation shall conduct or carry on the business
of the operation of a zoological park or garden or animal exhibition
park, or work in, occupy or directly or indirectly in any manner whatsoever
utilize any place or premises in which is conducted or carried on
a zoological park or garden or animal exhibition park, unless and
until there shall be granted by the governing body of said Township,
in accordance with the terms of this chapter, and shall be in force
and effect, a license to conduct said zoological park or garden or
animal exhibition park, for the place and premises in or at which
the same shall be conducted and carried on.
B.
For the purpose of this chapter, a "zoological park or garden or
animal exhibition park" is defined as any park, garden or area used
for the public exhibition and display of living domestic or foreign
animals.
Application for a license shall be made to the Township Clerk
in triplicate on a form provided for such application by the Township
Clerk. An application must be accompanied by payment to the Township
Clerk of $1,500 as an application fee, except as otherwise provided,
which fee is nonreturnable unless application is not accepted as provided
for hereinafter. The application will not be accepted by the Township
Clerk if the limit of licenses, permits and applications has been
met as provided hereinafter. If applicant has not been granted a permit
as provided for hereinafter within one year of the date of its application,
then said application will be deemed to be abandoned and of no further
force and effect.
An application for a license shall only be considered by the
Township Committee after the applicant has received the following
approvals and permits and has complied with Subsection E of this section:
A.
Applicant has been issued a special use permit or variance pursuant
to the Code of the Township of Jackson, its amendments and supplements,
by the Board of Adjustment.
[Amended 5-28-1974 by Ord. No. 17-74]
B.
Applicant has secured approvals of the Jackson Township Board of
Health and the Municipal Utilities Authority for the proposed provision
of water supply systems and facilities and sanitary sewerage systems,
and complied with any applicable rules and regulations of the State
Board of Health.
C.
Applicant has received Planning Board approval for the site plan
of the proposed park in accordance with the standards as hereinafter
provided.
D.
Applicant has complied with all other applicable ordinances of the
Township of Jackson and statutes of the State of New Jersey.
E.
Applicant, if a corporation, has submitted to the Township Committee
the following:
(1)
Names and addresses of all stockholders who own at least 10% of the
outstanding stock in such corporation.
[Amended 5-28-1974 by Ord. No. 17-74]
(2)
Names and addresses for preceding five years of all officers and
directors of such corporation.
(3)
Corporate status report and franchise tax report; or applicant, if
not a corporation but trading under a trade name, has submitted a
list of all principals, together with their addresses for the preceding
five years.
F.
Applicant shall have delivered to the Township Clerk a certificate
of public liability insurance, reflecting the issuance to the applicant
of a policy of public liability insurance wherein the Township is
named as coinsured for damages arising out of any activity of the
applicant under a license issued under this chapter, in an amount
not less than $500,000/$1,000,000 for death or bodily injury and $50,000/$100,000
for property damage. Termination of said policy of public liability
insurance shall be cause for immediate revocation of any license issued
hereunder.
[Amended 5-28-1974 by Ord. No. 17-74]
The Police Department of the Township of Jackson shall use the information required under § 443-3 to aid it in acquiring additional information concerning the background and good moral character of the aforesaid stockholders, officers, directors or principals of any applicant. Report of such information acquired by the Police Department shall be submitted to the Township Committee and shall be used as a basis for determining whether consideration of such application would be in the best interests of the Township of Jackson.
[Amended 5-28-1974 by Ord. No. 17-74]
When the requirements of § 443-3 herein have been complied with, and after examining the application and the accompanying map or maps as elsewhere herein provided and after approval of the application and supporting documents by the Township Engineer and the Township Attorney, and after due consideration of the application and such factors as adequacy of provisions for public safety and public health, if the Township Committee shall be of the opinion that the proposed operation will not create conditions inimical to public health, safety and welfare and will not result in the creation of any public health or public safety problems or other conditions of danger, a license, to expire on the following 30th day of June, may, at the direction of the Township Committee, be granted under the terms and conditions of this chapter. The first year's license fee shall be prorated to the remainder of the annual license period, but in no case shall such prorated fee be less than the sum of $1,000. Approval by the Township Committee shall entitle the applicant to a license, said license to be issued by the Township Clerk. Such approval shall be given at an open meeting and shall be by resolution.
No permit for a park shall be issued and no license for a park
shall be granted except in the R-20 and R-40 (R-A) Zones, and such
parks shall be prohibited in all other zones.
A.
A permit issued pursuant to this chapter shall provide that the applicant
must complete construction of either a section of the proposed park,
if a sectionalized time schedule applies, or the entire proposed park,
said construction to be in accordance with the approved site plan
and the provisions of this chapter, within one year of the date of
issuance of the permit. If not completed within the prescribed time
as aforesaid, any permit issued hereunder shall be null and void.
B.
The Township Committee may extend the time period of the permit granted
hereunder for a period of not more than six months in the event that
the applicant demonstrates to the Township Committee that the applicant,
through no fault of its own and for justifiable cause, was unable
to complete the said park within the time period allotted to the same
in this chapter.
C.
The granting of a permit hereunder shall not entitle the applicant
to in any manner operate said park until the granting of a license
hereunder.
[Amended 5-28-1974 by Ord. No. 17-74]
Upon receipt of a special use permit or variance and all necessary
approvals, the applicant shall apply to the Building Inspector of
the Township of Jackson and pay such fees as may be due the Township
for a building permit for the construction of any and all permanent
structures, buildings and appurtenances, according to the Building
Code.[1]
A.
Upon completion of a park in accordance with this chapter, all applicable
standards, the site plan or amended site plan as approved and the
granting of all other applicable approvals, the applicant shall notify
the Township Engineer, who shall inspect the park and submit a report
to the Township Committee, who shall consider said report as a basis
for the issuance or denial of a license.
[Amended 5-28-1974 by Ord. No. 17-74]
B.
Upon the finding by the Township Committee that the applicant has
completed the park in accordance with the applicable standards, the
Township Clerk shall be directed to issue a license to the applicant.
All licenses for such parks shall expire on the 30th day of
June next following the date of issuance and shall be valid for a
period of one year.
A renewal of a zoological park or garden or animal exhibition park license shall and may be obtained from the Township Committee for each succeeding year in which the operation of the existing park is sought to be continued upon the payment to said Clerk of the operating license fees as provided hereinafter, submitting of a map as described in § 443-14 of this chapter to reflect any proposed changes in the park or its use, and the compliance with § 443-3F of this chapter dealing with insurance; provided, however, that no such renewal shall be issued if, in respect to said park:
A.
There is any notice of an alleged violation issued by an enforcing
official pursuant to this chapter outstanding and unresolved.
[Amended 5-28-1974 by Ord. No. 17-74]
B.
The licensee has not paid to the Township any sum due to the Township
under this chapter.
C.
The licensee has failed or refused to correct a condition that would
constitute a violation of this chapter.
D.
The licensee fails to submit any map required under this chapter.
E.
The licensee has failed to pay or cause to be paid any taxes upon
the lands covered by such license.
F.
The licensee is in violation of any federal, state, county or municipal
law or ordinance or health regulation as a result of any activity
or operation under this chapter.
G.
Any operation of the licensee under this chapter endangers the person
or property of adjoining landowners or other persons in the Township.
A.
A license or permit shall not be transferable without the permission
of the Township Committee. Any party so desiring to transfer a license
or permit shall notify the Township Committee, whereupon a hearing
shall be held to determine the qualifications of the transferee.
[Amended 5-28-1974 by Ord. No. 17-74]
The annual operating license fee for each park is hereby fixed
at the sum of $3,000.
A.
The site plan shall be prepared by a professional engineer or architect
licensed in the State of New Jersey and duly signed and sealed. Said
site plan shall be duly certified as to accuracy of everything represented
thereon.
B.
The site plan to be submitted by the applicant to the Jackson Township
Planning Board and Township Committee shall be submitted in the following
form and shall contain the following information:
(1)
The name and title of the applicant, the owner and of the person
preparing the plan maps and accompanying data.
(2)
Place for the signatures of the Chairman and Secretary of the Planning
Board, and the Mayor and Township Clerk.
(3)
Place for the signature of the Township Engineer.
(4)
Tax Map lot and block numbers of the premises that will comprise
the site of the zoological or animal exhibition park.
(5)
Date, scale and North arrow.
(6)
Names, blocks and lots of adjacent property owners and property within
200 feet of the boundaries of the affected premises.
(7)
Exterior lines or boundary limits of premises, setback lines, lines
of existing easements and proposed easements.
(8)
Any proposed regulations or restrictive covenants which would affect
the premises.
(9)
Detailed plans of all permanent structures.
(10)
Location of all existing and proposed storm and water drainage
systems.
(11)
Location of all existing and proposed utilities systems.
(12)
Location of eating and restaurant facilities, recreational areas
and storage areas.
(13)
Location of all signs.
(14)
Location and layout of parking areas, and means of ingress and
egress.
(15)
Topography of existing and proposed grades, with contours taken
at two-foot intervals.
(16)
Location of all access and service roads within the affected
premises, showing access points to already existing public roads.
(17)
Location of proposed fences, showing height, type and gate locations.
Licensee shall provide adequate internal roads or walkways suitably
paved, and shall install or cause to be installed adequate and suitable
signs and other devices warning of any traffic hazards, or any other
hazardous or dangerous conditions of which it is necessary to warn
patrons.
For the purpose of enforcing this chapter, the Municipal Health
Officer, the Building Inspector and the Township Engineer are hereby
designated as enforcing officers. It shall be the duty of the Municipal
Health Officer, the Building Inspector and the Township Engineer,
or one of them, to make physical inspections in connection with any
application for a license or renewal license hereunder and, in addition,
to make at least one other physical inspection after an interval of
approximately six months.
A.
Whenever the Jackson Township Engineer, Building Inspector or Municipal
Health Officer shall determine that there are reasonable grounds to
believe that there has been a violation of any provision of this chapter
or of any rule or regulation adopted pursuant thereto, he shall give
notice of such alleged violation to the person or persons responsible
therefor as hereinafter provided.
(1)
Such notice shall:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent, provided that such notice
shall be deemed to be properly served upon such owner or agent if
a copy thereof is served upon him personally, or if a copy thereof
is sent by certified mail to his last known address, or if a copy
thereof is posted in a conspicuous place in or about the premises
affected by the notice, or if he is served with such notice by any
other method authorized or required under the laws of this state.
(2)
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this chapter or any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Township Committee, provided such
person shall file in the office of the Township Clerk a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day the notice was served.
Upon receipt of such petition, the Township Clerk shall set a time
and place for such hearing and shall give the petitioner written notice
thereof. At such hearing, the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 16 days after the day
on which the petition was filed; provided that, upon application of
the petitioner, the Township Committee may postpone the date of the
hearing for a reasonable time beyond such sixteen-day period if in
its judgment the petitioner has submitted a good and sufficient reason
for such postponement. After such hearing, the Township Committee
shall sustain, modify or withdraw the notice, depending upon its findings
as to whether the provisions of this chapter and the rules and regulations
adopted pursuant thereto have been complied with. If the Township
Committee sustains or modifies such notice, it shall be deemed to
be an order, which, at the discretion of the Township Committee, may
operate as a revocation of the license. Any notice served pursuant
to this chapter shall automatically become an order if a written petition
for a hearing is not filed in the office of the Township Clerk within
10 days after such notice is served. The proceedings at such hearing,
including the findings and decision of the Township Committee, shall
be summarized, reduced to writing and entered as a matter of public
record in the office of the Township Clerk. Such record shall also
include a copy of every notice or order issued in connection with
the matter. Any person aggrieved by the decision of the Township Committee
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
C.
Whenever the Municipal Health Officer of the Township of Jackson
shall find that an emergency exists which requires immediate action
to protect the public health or safety, he may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as he deems necessary to meet
the emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately, but upon petition
to the Township Committee shall be afforded a hearing as soon as possible.
After such hearing, depending upon its findings as to whether the
provisions of this chapter and the rules and regulations adopted pursuant
thereto have been complied with, the Township Committee shall continue
such order in effect, modify it or revoke it.
The Board of Health of the Township of Jackson is hereby authorized
and empowered to make and adopt such written rules and regulations
as it may deem necessary for the proper enforcement of the provisions
of this chapter; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this chapter nor in
any way alter, amend or supersede any of the provisions thereof. The
Board of Health shall file a certified copy of all rules and regulations
which it may adopt in the office of the Clerk of the Township of Jackson.
The license certificate and a copy of this chapter shall be
conspicuously posted in the office of the park at all times.
