[Adopted 12-16-2014 by Ord. No. 2014-26[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former § 4-1, Canvassing and Soliciting.
When used in this section, the following terms shall have the
following meanings:
Any goods, wares, merchandise, food, liquids, meats, fish,
vegetables, fruits, garden truck farm products or provisions or other
things which may be sold or purchased by persons for a value.
A list of persons residing in the Township who do not wish
to be solicited for any purpose, which list shall be maintained by
the Township Administrator or her designee as authorized by this section.
A person who sells articles of value or seeks donations without
private profit, the proceeds of which are devoted exclusively to societies
or organizations which are organized for charitable, educational,
fraternal, literary or religious purposes, and on whose behalf he
acts as agent, with or without pay.
A sign, as authorized by this section, placed or mounted
in plain view near the primary entrance or walkway to the entrance
of a residence.
Includes the words "hawker" and "huckster" and shall mean
any person traveling by foot, wagon, automobile vehicle, or any other
type of conveyance, from place to place, from house to house or from
street to street, carrying, conveying or transporting articles of
value, offering and exposing same for sale or making sales and delivering
articles of value to purchasers or who, without traveling from place
to place, shall sell or offer the same for sale from a vehicle or
other conveyance, or a person who solicits orders and as a separate
transaction makes deliveries to purchasers as a part of a scheme or
design to evade the provisions of this section.
Shall be interchangeable with the word "license."
Includes any adult individuals, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or
unincorporated groups, or any officers, agents, employees, servants,
factors or any type of personal representatives thereof in any capacity
acting either for himself or for any other person under personal appointment
or pursuant to law.
Proceeding from door to door or house to house in the Township
selling, causing to be sold, offering for sale, causing to be offered
for sale, or taking orders for present or future delivery of any merchandise
or service of any description. This term shall include the going from
door to door or house to house for the purpose of obtaining donations,
orders or subscriptions or the making of canvasses or surveys or other
solicitations without limitation, including opinion polls and the
like.
Any person or itinerant vendor of merchandise proceeding
from door to door or house to house in the Township selling, causing
to be sold, offering for sale, causing to be offered for sale, or
taking orders for present or future delivery of any merchandise or
service of any description. This term shall include persons or vendors
going from door to door or house to house for the purpose of obtaining
alms, donations, orders or subscriptions or the making of canvasses
or surveys or other solicitations without limitation, including opinion
polls and the like.
Includes the terms "itinerant merchant" and "itinerant vendor"
and shall mean any person who engages in a temporary business of selling
articles of value within the Township of Southampton and who, in furtherance
of such purposes, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, public rooms in hotels, lodging houses, apartments,
shops or any street, alley or other public place within the Township
for the exhibition and sale of such articles of value, either privately
or at public auction.
a.
No person, except as provided in this section, shall canvass, solicit,
sell, or distribute merchandise or services without first having reported
to the Township Clerk and received a license and a copy of the current
do-not-solicit list.
b.
Solicitors shall apply to the Clerk (hereafter Department) for a
license to solicit.
c.
The Department shall provide all solicitors with a copy of the current
do-not-solicit list and, upon payment of the fee forth herein, provide
a license to each solicitor, unless rejected for good cause based
upon evaluation of the requirements herein as appropriate. Licenses
shall be valid for a period of six months from the date of issue.
a.
The Township Administrator or her designee shall maintain a list
of addresses where the owners have indicated, in writing, their desire
not to have any solicitors appear at their door at any time. The Administrator
shall provide a notice to residents and homeowners of the opportunity
to be placed on the do-not-solicit list through periodic notices by
means deemed appropriate by her to provide a reasonable opportunity
for residents and homeowners to be placed on the list.
b.
The list shall contain the addresses of all properties which do not
wish to have any solicitors appear at their door at any time.
c.
The list shall be dated as of the time it is prepared and updated
not less than once every three years thereafter. Those whose names
are on the list shall be notified of the need to indicate their desire
to remain on the list. Those persons who do not indicate that they
wish to remain on the list shall be purged from the do-not-solicit
list.
d.
The Administrator shall cause to be provided this section and the
current do-not-solicit list to the State Police Barracks for it to
possess in the event of a complaint pursuant to this section.
Every resident or homeowner in the Township shall have the right
to place a sign with the words "No Solicitors," "No Soliciting," "No
Peddling" or words of similar effect near the primary entrance to
his/her place of residence, provided the same is no larger than four
inches by 10 inches in size. Such signs shall contain no integral
illumination and shall not be of fluorescent or reflective material
or color.
No person, whether or not they have received a license as provided
in this section, shall visit or call upon any residence for the purpose
of soliciting whose address appears on the do-not-solicit list or
who has posted a No Solicitors sign.
No person shall conduct any soliciting between the hours of
9:00 p.m. and 9:00 a.m. from Sunday night through Saturday night.
No person shall conduct any soliciting between the hours of 9:00 p.m.
the previous evening until 11:00 a.m. on any Sunday or state or federal
holiday. This section shall not apply to peddlers or solicitors who
are expressly invited by residents of the Township to come to their
home at a different time.
a.
The person soliciting shall be courteous to all persons with whom
he shall meet, shall not annoy any of the inhabitants of the Township
and shall conduct himself or herself in a lawful manner at all times.
b.
The person soliciting shall not enter or attempt to enter the house
of any resident of the Township without an express invitation from
the occupant of the house.
This section shall not affect any person engaged in the delivery
of goods, wares or merchandise or other articles or things in the
regular course of business to the premises or persons ordering or
entitled to receive them.
a.
License required. It shall be unlawful for any person, either directly
or indirectly, to operate or conduct a business as a transient merchant
or peddler or to use, in connection with the foregoing, any vehicle,
structure, building, premises, machine or device, in whole or in part,
unless a license therefor is first procured and kept at all times
as is required by this section. The agents or other representatives
of nonresidents shall be personally responsible for compliance with
this section by their principals and of the businesses they represent.
The aforementioned entities shall operate in the Township only in
accordance with the terms and provisions of this section and only
in the areas of the Township as permitted herein.
b.
Exceptions. The provisions of Subsection a of this section shall
not apply to the following:
1.
Any person engaged in delivering articles of value in the regular
course of business to the premises of the person ordering or entitled
to receive the same. Examples include, but are not limited to, food
delivery and overnight delivery services.
2.
Any veteran who holds a special state license issued under the laws
of the State of New Jersey, but said individual shall be required
to comply with all applicable subsections of this section and shall
be required to procure from the Township Clerk a special veteran's
license, which shall be issued by the Township Clerk upon proper identification
in accordance with a form of license which is on file in the office
of the Township Clerk and approved by the Township Attorney and available
for public inspection during regular business hours.
3.
Persons selling articles of value at wholesale to dealers in such
articles.
4.
Any sale required by statute or by order of court.
5.
A non-profit-making vendor who has applied for and received a license pursuant to § 4-1.13 of this section.
6.
Any person licensed by the Commissioner of Banking and Insurance
or the Real Estate Commission of the State of New Jersey.
7.
Persons selling personal property at wholesale to dealers in such
articles.
8.
Auction houses.
9.
Any person soliciting votes for a bona fide candidate for political
office or to support or oppose a public question on or to be placed
on an official election ballot.
10.
Members of a volunteer fire company or first aid squad, as defined
by the New Jersey Revised Statutes, if that company or squad serves
Southampton Township on a regular basis.
11.
Persons selling products grown on their own property and selling
them from their own property.
No licensee shall transact business from his vehicle unless
it is properly parked immediately adjacent to the curb of a public
street in a permitted locality. No licensee shall at any time double-park
his vehicle while transacting business nor transact business other
than on the curb side of his vehicle.
No licensee shall have an exclusive right to any location in
the public streets, nor shall he be permitted a stationary location
on the streets or be permitted to operate in a congested area where
his operations may impede or inconvenience the free flow of pedestrian
and vehicular traffic. For the purposes of this section, the reasonable
judgment of a Township official or law enforcement officer shall be
conclusive as to whether the area is congested or traffic impeded
or inconvenienced.
a.
Nonprofit organizations desiring to engage in any of the activities
for which a license is required by this section shall not be required
to apply for or secure a license, to pay a license fee or to post
a bond, provided that there is filed with the Township Clerk a sworn
statement containing the following information:
1.
The name and purpose of the organization for which the license is
sought.
2.
Names and addresses of the officers of the organization.
3.
Names of the agents or representatives who will solicit, sell merchandise
or distribute literature in the Township.
4.
The federal tax exemption number of the organization.
b.
Each representative or agent of the organization shall carry proper
identification indicating the name of the organization and his own
name and address and shall be prepared to display it upon request.
c.
Nonprofit organizations shall comply with all other applicable provisions
of this section, including adherence to the do-not-solicit list.
d.
The special license issued to the organization in question shall
bear the name and address of the person by whom the solicitation is
to be made, the date issued, the dates within which the license holder
may solicit and a statement that the license does not constitute an
endorsement by the Township of Southampton. All licenses must be signed
by the Township Clerk.
a.
Notwithstanding the issuance of a license, it shall be unlawful,
either directly or indirectly, for any license holder to operate or
conduct a business at the location of a special event which is to
be held on certain day(s), or to operate or conduct a business within
500 feet from the boundaries of said special event in any direction,
unless the individual pays any additional fee for the special event
and receives a valid license to participate in that event.
b.
The days during which the license privileges are so restricted shall
be days during which special events of the Township may occur, such
as public parades, concerts and occasions where the public is generally
invited. The Township Committee shall, by resolution or motion, at
least 45 days prior to the special event, or as soon before as practical,
designate the special event, informing the public of the location
of the special event and the requirement that only permit holders
may sell articles of value at said location or within 500 feet of
the boundaries of said location. A copy of the resolution or motion
shall be provided to the solicitor with the do-not-solicit list.
a.
Information. Every person required to procure a license pursuant
to the provisions of this section shall submit a sworn application
for such license to the Township Clerk at least 15 calendar days prior
to the date of the commencement of the sale. The application shall
be a written statement upon the form which shall be provided by the
Township Clerk and approved by the Township Attorney and placed on
file in the office of the Township Clerk and available for public
inspection during regular business hours. At a minimum, said form
shall contain the following information: the name and purpose of the
cause for which the license is sought; names and addresses of the
officers of the organization; and the names and addresses of the agents
or representatives who shall sell goods in the Township; provided
that, in the event that a non-profit-making vendor shall be the agent
or representative who shall sell goods in the Township, a statement
as to the name and address of the non-profit-making vendor, without
specifying individual members thereof, shall satisfy this requirement.
b.
Applications. All applications for licenses shall be made to the
Township Clerk upon forms provided by the Clerk and shall contain
the following information:
1.
Name and permanent and local address of the applicant.
2.
All activities carried on at a fixed location or that involve other
than door-to-door solicitation shall require site plan review, a site
plan review waiver or an exemption letter from the Building Inspector,
the latter to be issued for temporary activities only. Exemption letters
may be granted by the Building Inspector for temporary activities
of less than seven days' duration which entail use of a completely
enclosed, preexisting fixed location if he finds no violation of the
site plan review criteria resulting from the proposed use. All other
fixed-location uses shall be reviewed by the Land Use Board.
3.
If a vehicle is to be used, its description, including the license
number.
4.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship
and authority to work in Southampton Township.
5.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
6.
A description of the nature of the business and the goods, property
or services to be sold.
7.
A statement as to whether the applicant has ever been convicted of
any crime or the violation of any municipal ordinance other than traffic
offenses and a description of the same, including the offense and
date of the offense.
8.
If a vehicle is to be used, the drivers' license numbers of
the proposed operators, and a description of the vehicle, including
make, model and license plate number.
c.
Partnerships and corporations. Applications for partnerships or corporations
shall be executed by a partner or corporate member authorized by corporate
resolution to take such action.
d.
Fee. At the time of filing the application, a fee of $75 shall be
paid to the Township Clerk, except that non-profit-making vendors
are not required to pay a fee.
a.
Investigation. After submission of the application and requisite
fee by the applicant, the Township Clerk, or her designee, shall review
the application to corroborate the information required by the application
form and to aid the Township Clerk in determining whether the applicant
is a qualified applicant; for example, whether the applicant is a
bona fide, non-profit-making vendor.
b.
Disapproval.
1.
If the investigation indicates that the applicant has been convicted
of an offense involving moral turpitude, or if the application information
is false or misleading in a material respect, or if the applicant's
moral character or business responsibility or record of other offenses
is of such a nature as to present a clear and present danger to the
public good, safety and welfare, the Township Clerk may disapprove
the issuance of the license.
2.
If the Township Clerk disapproves the issuance of the license, the
Township Clerk shall forthwith notify the applicant, in writing, of
such disapproval and the reasons therefor and furnish the applicant
with a copy of the investigation reports by certified mail to his
permanent address or by handing it to him personally. No license shall
issue to said applicant, provided that the applicant shall have the
right, within 10 days of the date of such notice, to file a request
for a hearing before the Township Committee to request the Committee
to reconsider the decision of the Township Clerk.
c.
Approval. Upon being satisfied that the applicant is a qualified
applicant, the Township Clerk, immediately upon receipt of the requisite
fee, shall endorse his approval on said application and shall issue
the license in the form provided for by the Township Clerk, which
is approved by the Township Attorney. All licenses shall be issued
by the Township Clerk and shall bear the Seal of the Township attested
by her.
d.
Term. The license issued pursuant to this section shall be valid
for six months and may be renewed.
e.
Renewal. Applications for the renewal of licenses issued pursuant
to this section shall be made within 30 days of the expiration thereof
and in the manner provided herein. The renewal fee shall be $50 for
another six-month period.
a.
A duplicate license may be issued by the Township Clerk to replace
any license previously issued, provided that said license has been
lost, stolen, defaced or destroyed without any willful conduct on
the part of the licensee, and provided that the licensee files a sworn
affidavit before a notary public of the State of New Jersey attesting
to such fact and pays to the Township Clerk a fee of $5.
b.
Each representative or agent of the licensee shall carry the license
and proper identification or credentials indicating the name of the
organization and the name and addresses of the representative and
shall display same upon request.
A licensee shall have no right to transfer his license to another
person.
No rebate or refund of any license fee, or any part thereof,
shall be made for any reason.
Any license granted or issued pursuant to this section may be
revoked by the Township Committee after notice and hearing for any
of the following causes:
a.
Any fraud, misrepresentations or false statement contained in the
application for a license.
b.
Any fraud, misrepresentation or false statement made in connection
with the selling of the articles of value.
c.
Any violation of this section.
d.
Any conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
e.
Conducting the business licensed under this section, through the
applicant himself or any of his agents, servants or employees, in
any unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
a.
Notice of a hearing for revocation of a license under the preceding
subsection shall be given in writing by the Township Clerk, setting
forth the grounds of the complaint and the time and place of the hearing.
Such notice shall be mailed, by certified and regular mail, to the
licensee at his address indicated on his license application, at least
five days prior to the date set forth for the hearing, unless the
five-day notice would cause a threat to public health and welfare,
in which case the Township shall take any reasonable action to notify
the licensee.
b.
The Township Committee may issue another license to a person whose
license has been revoked if, after the hearing, it is satisfied by
clear and convincing evidence that the acts which led to the revocation
will not occur again; otherwise, no person whose license has been
revoked, nor any person acting for him, directly or indirectly, shall
be issued another license to carry on the same activity for the period
of 12 months.
The Township Clerk, any law enforcement officer or any taxpayer
or resident of the Township may make a complaint in the Municipal
Court of the Township of Southampton for any violation of this section.
Upon conviction for each and every violation, a person committing,
taking part or assisting in such violation or violations shall be
subject to a fine of not more than $500 or be imprisoned in the county
jail for a period not to exceed 90 days, or both, at the discretion
of the Municipal Court Judge, and shall, in addition thereto, be subject
to the temporary suspension or absolute forfeiture of any license
issued to such person under this section. Each day that a violation
is permitted to exist shall constitute a separate offense.
As used in this section, the following terms shall have the
meanings indicated:
A lot or group of continuous lots or tracts of land upon
which is located five or more motor vehicles, new or used, or combinations
thereof which are for sale to the general public, person or dealers.
The agent, distributor or authorized dealer of the manufacturer
of the new motor vehicle and who has an established place of business.
The person who originally manufactured the motor vehicle.
Any person, firm, partnership, corporation, company, association
or other artificial bodies, receivers, trustees or organizations of
any kind.
Only a newly manufactured motor vehicle, except a nonconventional
type motor vehicle, and includes all such vehicles propelled otherwise
than by muscular power, and motorcycles, trailers and tractors, excepting
such vehicles as run only upon rails or tracks.
Includes absolute or voluntary sales, purchases, agreements
to sell and purchase, bailments, leases or any other form or manner
by which possession of the motor vehicle is transferred to another
person.
Every motor vehicle, except a nonconventional type motor
vehicle, title to, or possession of, which has been transferred from
the person who first acquired it from the manufacturer or dealer,
and so used as to become what is commonly known as "second-hand" within
the ordinary meaning thereof, and includes every motor vehicle other
than a "new motor vehicle."
A person engaged in the business of selling, buying or dealing
in used motor vehicles.
a.
It shall be unlawful for any person to operate or maintain a new
or used car lot in the township without first having obtained a license
from the Township Committee in accordance with the provisions of this
section. A person who operates more than one used or new car lot within
the township shall have in effect a separate license for each such
lot. It shall be unlawful for any person to conduct or maintain a
new or used car lot without being licensed to do so as required by
this section.
b.
It shall be unlawful for any person to have for sale any new or used
motor vehicle or vehicles on any nonresidential property in the township,
or for any person to allow any new or used motor vehicle or vehicles
to be on his nonresidential property for sale, unless said person
has a new and used car lot license. This provision shall not prohibit
a residential property owner from having one new or used motor vehicle
for sale on his property, provided said vehicle is titled in his name,
or the name of a resident of his household.
The Township Committee shall be the licensing authority to grant
the license. However, on or before November 1 of each year an applicant
for a license shall request in writing that the Southampton Township
Planning Board review a site plan, prepared in accordance with § 20-2.1,
of the Township of Southampton Site Plan Ordinance, provided to the
planning board by the applicant to obtain the planning board's
recommendation to the Township Committee in regard to issuance of
a license, and whether any conditions should be attached to issuance
of the license. Said site plan shall include provisions for a building
of sufficient size to contain an office, bathroom facilities and a
customer waiting area. There shall also be a parking area designated
for customers with artificial lighting to insure safety.
A person apply for a license under this section shall file with
the Township Committee a written application signed by himself if
an individual, by all partners if a partnership or by the president
or chief officer of a corporation or other organization, together
with four copies of such application and a fee as hereinafter prescribed.
Attached to the application shall be the site plan of the property
to be licensed. The site plan shall, at a minimum, show the proposed
location of all motor vehicles lanes, roadways, entrances, fences
and buildings. The application shall be sworn to by each of the signers
before a notary public or other officer authorized by law to administer
oaths and shall include the following information:
a.
Name, residence address and telephone number of each individual owner,
partner or, if a corporation or other organization, each officer and
director.
b.
Trade names and exact locations and descriptions of any businesses
operated by applicant and each person signing the application, presently
and during the past five years.
c.
Names and addresses of employers of each person signing the application
during the previous five years.
d.
A statement as to whether or not applicant and each person whose
name appears on the application has been convicted of any crime, misdemeanor,
or violation of any municipal ordinance, the nature of the offense;
the date of its commission; and the punishment or penalty assessed
thereof.
e.
The trade name of the business on behalf of which application is
made and its telephone number, if assigned.
f.
The name, residence address and telephone number of each person employed
or intended to be employed in the business as of the time the application
is filed.
g.
Exact address or location of the place where the business is or is
proposed to be carried on.
h.
Such other information as the Township Committee shall find reasonably
necessary to effectuate the purposes of this section and to arrive
at a fair determination of whether the terms of this section have
been complied with.
All applications for a license shall be made and presented to
the Township Clerk for filing at least 10 days before a regular scheduled
meeting of the Township Committee. The applicant for a license shall
also publish a notice of intention to apply for a license shall also
publish a notice of intention to apply for the license in the township
legal advertiser. The notice shall be published at least once and
shall be published at least five days before the Township Committee
meeting. Proof of publication must be submitted to the Township Clerk
before or at the meeting.
A notice of intention to apply for a license hereunder shall
be given to all landowners within 200 feet of the premises to be licensed.
The notice must be given at least give days before the Township Committee
meeting when the application is initially offered. Proof of such notice
must be submitted to the Township Clerk before or at the meeting.
The following general operating requirements shall apply to
all new and used car lots licensed in accordance with this section.
a.
The license issued pursuant to this section shall plainly be displayed
on the business premises.
b.
The area of land to be used under the license shall be graded and
drained to dispose of all surface waters in such a manner that waters
shall not discharge upon or over any adjacent property or over any
sidewalks during the period covered by the license.
c.
Whenever artificial lighting is used on the licensed premises, the
lighting shall be so installed and maintained that no disturbing glare
will be visible on adjacent properties or to motorists using the public
roads. 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.
d.
All automobiles in licensed premises shall be arranged and displayed
in rows and have roadways between each double row of cars at a width
of at least 20 feet to permit the movement of fire fighting equipment.
There shall also be lanes of like width around the outside perimeter
of the licensed premises. There need be no lane on the road side so
long as there are no cars parked within the right of way.
e.
The plot of property shall not be less than two-hundred-foot frontage.
f.
All applicable regulations of the New Jersey Department of Motor
Vehicles pertaining to the operation of new or used car lots shall
be adhered to strictly.
g.
The ignition key shall not at any time be left in any motor vehicle
stored or parked on the licensed premises when the licensee or his
agent or employee is not in attendance.
h.
No 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.
i.
Licensee will comply with all State and local regulations including
but not limited to building codes, safety codes and fire codes.
Every licensee under this section shall permit all reasonable
inspections of the licensed premises by all public authorities so
authorized by law; ascertain and at all times comply with all laws
and regulations applicable to such licensed premises; avoid all forbidden,
improper or unnecessary practices or conditions which do or may effect
the public health, safety, morals or welfare; refrain from operating
the licensed premises after expiration of the license and during any
period the license is revoked or suspended.
The building subcode official of the township is hereby designated
to be the enforcing authority of this section.
No license shall be transferable without the approval of the
Township Committee and every license shall be suspended or revoked
by the Township Committee for violation of this section or for any
fraud, misrepresentation or false statement made in connection with
the selling of new or used cars, or conviction of licensee of any
crime involving moral turpitude or conducting the business in an unlawful
manner or in violation of any State or local regulation or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
Licenses shall be issued for a term of one year and each license
issued hereunder shall run from January 1 and shall expire on December
31 in the year in which issued.
The annual license fee for a license issued in accordance with
this section shall be $125, no part of which will be prorated.
There shall be no more than 10 new and used car licenses issued
and outstanding at any one time; provided that in the event any one
of the existing licenses previously issued are cancelled, surrendered,
revoked or not renewed, the number of such licenses shall be decreased
accordingly and no license shall be issued to replace such license.
Except as provided in Subsection 4-2.13 hereof, the owner of a current new and used car lot license may transfer said license to a purchaser of his new and used car lot business in accordance with the provisions of this section.
As used in this section, the following terms shall have the
meanings indicated:
Any storage container existing as a permitted accessory use or as a pre-existing, nonconforming use under Chapter 12 of the Revised General Ordinances of the Township of Southampton.
A container greater in dimension than three feet in length
by three feet in width by three feet in height rented or owned by
or for use by the property owner for storage of personal, business
or commercial items or used for the packing or storage of items for
permanently moving to or from the residence or for temporarily storing
items during a renovation to the main structure or used for the temporary
storage of business merchandise to immediately stock a showroom on
the property during a seasonal sales event when demand is peaked.
Temporary storage containers include, but are not limited to, sea
boxes, bulk storage containers, portable on-demand storage containers,
store-to-door mobile transportation storage containers, roll-off containers
or other such similar containers.
a.
No temporary storage containers shall be placed or maintained on
any private property unless it complies with one or more of the following
provisions:
1.
One temporary storage container may be placed or maintained on a
paved or stoned driveway for not more than 30 calendar days for the
purpose of packing or unpacking goods and materials of the owner or
occupant of the property in preparation for or subsequent to moving
into or out of the property.
2.
One temporary storage container may be placed or maintained on a
paved driveway for the purpose of storing goods and materials of the
owner or occupant of the property when necessary during renovation
or rehabilitation of the structure located on the premises in which
the goods and material would otherwise be located during the period
of renovation or rehabilitation and up to 14 calendar days prior to
commencement and 14 calendar days subsequent to completion of the
work but in no event more than a total of 120 calendar days. Said
renovation or rehabilitation must be accompanied by the issuance of
building permits from the township construction department.
3.
In commercial districts, no temporary storage containers shall be
placed ore maintained on any private property unless it complies with
the following provisions:
(a)
The container may not contain any wording, logos or advertising
which advertises the business, special events or sales.
(b)
No site plan approval shall be required for temporary containers.
The container permit shall be issued for a maximum of 90 days. Unless
an extension is granted pursuant to Subsection 4-3.4e, the applicant
shall be required to obtain site plan approval to keep the storage
container on site past the permit length.
(c)
The maximum size of a temporary storage container shall be 10
feet wide by 10 feet high by 30 feet long.
(d)
A maximum of six storage containers for a total of 1,800 square
feet of temporary storage containers may be permitted.
(e)
The containers shall be used for storage only. No customers
shall have access to or be permitted to enter the containers. No direct
sales shall occur form the temporary storage units. Materials and
product in the storage containers shall be used to restock the product
display areas inside the existing store.
(f)
The containers must be placed on impervious surface and placed
to ensure stability.
(g)
Units must be placed in locations to avoid creating obstacles
to fire exits. If the size and location of said units prevents clear
and obvious passage to a fire exit, additional directional signs will
be installed, at the applicant's expense, at the direction of
Township fire inspectors or construction officials.
b.
Deviations from these requirements may be granted by the Township
Administrator in accordance with the provisions established herein.
a.
Prior to the placement of a temporary storage container, the owner of the property where such a container is to be placed, or a tenant with written permission of the property owner, shall apply for and receive a permit from the Township pursuant to the provisions and standards set forth herein. The permit for a temporary storage container shall be issued according to the purpose and for the time lengths indicated in Subsection 4-3.3.
b.
On or before December 1 of each year, the owner of a permanent storage
container shall apply for a license from the Township for each storage
container. The provision applies to both preexisting, nonconforming
uses and permitted accessory uses. The Township may not issue a license
for a permanent storage container unless it is a preexisting nonconforming
use or has obtained approval from the Planning or Zoning Board as
an accessory use. The license for permanent storage containers shall
run from January 1 and expire on December 31 of each year. It shall
be unlawful for the owner or tenant to maintain a permanent storage
container on a property without a properly issued license.
c.
Application for the permit or license shall be made to the office
of the Township Zoning Officer, or such other office as the Township
Administrator may from time to time designate, on a form provided
by the Township. The application shall require, among other things,
the full name, address and other contact information for both the
owner of the container and the owner of the property with which the
use of the container is associated. The application shall be accompanied
by a permit or license fee as set forth below.
d.
Any permit issued for placement of a temporary storage container
shall include a sticker which is to be prominently displayed inside
a first-floor window near the main entrance of the structure and clearly
visible and accessible for inspection. The permit shall indicate the
commencement and expiration dates of the permit.
e.
Upon a written showing of continued need for a temporary storage
container (such as during the course of major construction projects),
permits may be extended at the discretion of the Township Administrator.
In making a determination on an extension request, the Administrator
shall consider: (1) the length of time the container has been in place;
(2) the reason for the container; (3) the visual impact, nature of
the neighborhood and similar issues; (4) whether noise, litter or
similar quality-of-life problems have been associated with the use
of the container; (5) whether there has been a delay in completing
the work; (6) the additional time reasonably necessary to complete
the project; and (7) such other factors as may be deemed reasonable
and appropriate under the circumstances. The request for such extension
shall be made no later than five days prior to the scheduled expiration
date and shall be accompanied by a supplemental fee as set forth below.
The Township Administrator shall make his determination within five
days of receipt of the written request.
a.
Temporary storage container may be placed in the paved or stone driveway.
No person shall cause or have caused to be placed a temporary storage
container on the side or rear yards of any residential property unless
said location is part of the regular driveway leading from the street
to the garage.
b.
A temporary storage container may not be placed in the right-of-way
or upon any easement for drainage, access or utilities.
c.
Any container located on a driveway shall be so placed in a manner
to ensure stability. If, in the opinion of the Township or New Jersey
State Police, the location is sufficiently near a public vehicular
or pedestrian path, the Township or State Police, in their sole discretion,
may require suitable safety markings. In no case shall a container
be placed in any location or sight triangle to impede the flow or
safety of vehicular or pedestrian traffic.
No human or animal shall occupy a temporary or permanent storage
container except for express purpose of loading or unloading the container.
No heat source of any kind shall be placed in the container.
Upon written notice, with 10 calendar days to cure, each and
every day that a storage container remains on the property without
approval shall be considered as a new and separate violation. Each
and every storage container more than the quantity authorized on the
property shall be considered a new and separate violation.
Any person who shall violate any provision of this chapter shall,
upon conviction, be punishable by fine not exceeding $200 by imprisonment
for not more than 90 days, or by an order to perform community service,
or a combination thereof, in the discretion of the municipal judge.
The definitions set forth in N.J.S.A. 4:19-15.1 are incorporated
herein by reference. In addition, the following terms shall have the
meanings indicated:
An establishment for domestic or nondomestic animals, whether
caged or uncaged, on display for entertainment and contact with children
and adults.
The State statutes governing licensing and regulating of kennels,
pet shops, pet shelters, and pounds, N.J.S.A. 4:15-15.1 et seq., and
the regulations promulgated thereunder, N.J.A.C. 8:23-3.1 et seq.
are hereby incorporated herein by reference.
This section is intended to apply to any existing kennel, pet
shop, pet shelter, pound or petting zoo in Southampton Township. Said
existing facility shall, within 30 days of the effective date of this
ordinance, apply to the Township Clerk for a license for the operation
of the facility. Any facility failing to apply for a license within
said 30 days must cease operation on or before the 30th day after
the effective date of the section.
Any new applicant for a license to operate a kennel, pet shop,
pet shelter, pound or petting zoo shall apply to the Township Clerk
for a license prior to commencement of operation of the facility.
Application for the operation of an existing or new kennel,
pet shop, pet shelter, pound or petting zoo shall be presented to
the Township Clerk for approval in accordance with N.J.S.A. 4:19-15.8.
The license shall be approved by the Township Committee upon presentation
of evidence that the operation of said facility satisfies the applicable
health, safety, welfare and land use requirements of Federal and State
statutes, rules and regulations and township ordinances. Licenses
shall expire on June 30th of each year, and must be renewed effective
July 1 of each year upon submission of a new application and license
fee.
Any existing or new kennel, pet shop, pet shelter, pound or
petting zoo shall submit with its application an annual license fee
set forth as follows. Said license fee shall not be prorated for portions
of the calendar year.
|
Kennel (11 dogs or more)
|
$25 per annum
|
|
Kennel (10 dogs or less)
|
$10 per annum
|
|
Pet shop
|
$10 per annum
|
|
Petting zoo
|
$10 per annum
|
|
Pet shelter
|
No fee
|
|
Pound
|
No fee
|
No license shall be transferable without the approval of the
Township Committee and any license issued may be suspended or revoked
by the Township Committee for violation of this section, or for conducting
the business in an unlawful manner or in violation of any State or
local regulation or in such manner as to constitute a breach of the
peace or a menace to the health, safety or general welfare of the
public.
It shall be unlawful for any person or any body corporate to
conduct "body art" as defined in and governed by State regulations,
N.J.A.C. 8:27-1, et seq., without first having procured a license
from the local board of health and without complying with any or all
of the provisions concerning operation and maintenance of a "body
art establishment" as contained in the aforementioned State regulations
and this chapter.
The enforcement official designated to enforce the provisions
of this chapter shall be the Burlington County Board of Health. Periodic
inspections shall be carried out by the Burlington County Health Department.
a.
License mandated. Any person desiring to construct, expand, alter,
or operate a permanent cosmetic, tattooing, or ear or body piercing
establishment shall apply in writing to the Board of Health for the
Township of Southampton for review and approval before such construction,
expansion, alteration or operation is begun. Such application shall
include all information required by N.J.A.C. 8:27-2. 1. This license
shall be renewed annually.
b.
Time for review of application for license. The Board of Health of
the Township of Southampton shall review the application for compliance
with all the provisions of N.J.A.C. 8:27-2.1 to include the final
plans, specifications, and reports and shall either approve or disapprove
of the application in writing within 30 business days from the date
of submission.
c.
Denial. Persons denied approval shall be notified in writing by the
Board of Health of the Township of Southampton. Such notice shall
specify the reason(s) for the action, and shall give the person(s)
denied approval the opportunity of a hearing with the Board of Health
of the Township of Southampton within a reasonable time, not to exceed
15 business days from the date the Board of Health of the Township
of Southampton denied approval of the application.
d.
Fee. The fees for annual licensure of body art establishments are
hereby fixed at $100 per annum.
a.
The license of any person to operate a body art establishment may
be suspended at any time, when in the opinion of the Board of Health
of the Township of Southampton such action is necessary to abate a
present or threatened menace to the public health.
b.
In accordance with N.J.A.C. 8:27-11.3(b), the following shall be
reason(s) for closure:
1.
The failure or lack of properly functioning equipment;
2.
The existence of unsanitary or unsafe conditions which may adversely
impact the health of the public;
3.
The health authority has reasonable cause to suspect that a communicable
disease is, or may be, transmitted by an operator/practitioner;
4.
The practitioner(s) has demonstrated gross incompetence in performing
body piercing, ear piercing, tattooing, or micropigmentation;
5.
The owner obtained or attempted to obtain a permit by means of fraud,
misrepresentation or concealment;
6.
The owner or practitioner(s) has been convicted in this or any other
state of a crime directly related to the practice of tattooing, micropigmentation,
body piercing or ear piercing;
7.
The owner or practitioner(s) has permitted a genital piercing upon
a person under 18 years of age, or
8.
The operator has failed to prevent implants, branding and cutting
to be performed in a body art establishment.
c.
In accordance with N.J.A.C. 8:27-11.3(c), the following shall be
reason(s) for, at a minimum, a seven-day suspension:
1.
Failure to report to the health authority within 24 hours any infection
or injury requiring a medical referral;
2.
Performing a body art procedure on any person under the age of 18
years of age, without the presence, written consent, and proper identification
of a parent or legal guardian;
3.
Failure to notify the health authority within 24 hours of positive
biological indicator test result of the autoclave; or
4.
Using an ear piercing instrument for any part of the body other than
the ear lobes and trailing edge of the ear.
d.
If any such license shall have been revoked, neither the holder nor
any person acting for him, directly or indirectly, shall be entitled
to another license to operate another body art establishment within
the township unless application for such establishment has been approved
from the Board of Health of the Township of Southampton.
Any person who shall violate any provision of this section or
who shall refuse to comply with a lawful order or directive of the
Board of Health of the Township of Southampton, or County Board of
Health, shall be liable for penalties as provided by N.J.S.A. 26:1A-10,
the general penalty provision established for violations of this code,
and all other applicable law and/or injunctive action as provided
by law.
The purpose of this section is to license and regulate the placement
of charitable donation clothing bins within Southampton Township.
As used in this section, the following words shall have the
following meanings:
Any individual representative of a charitable organization
with approval from the Internal Revenue Service to operate as a not-for-profit
organization and the charitable organization itself; or any for profit
individual or company owning a clothing donation bin who works directly
with such not-for-profit organization.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind or value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of things
of value. A solicitation shall take place whether or not the person
making the solicitation receives any contribution.
Shall refer to containers which accept the insertion of clothing
or other similar permitted items by individuals wishing to donate
said items to the charity identified on the bin.
Used clothing donation steel or similar storage containers (hereinafter
referred to in this section as "bins") are prohibited in the Township
of Southampton. Notwithstanding any other provision of law to the
contrary, no person shall place, use, or employ a donation clothing
bin, for solicitation purposes.
Registered nonprofit organizations are permitted to place used
clothing bins on nonresidential property in accordance with the following:
a.
Nonresidential commercial premises devoted to nonprofit purposes,
and churches, are permitted to have up to three used clothing donation
bins.
b.
The bin(s) shall be appropriately located so as not to interfere
with sight triangles, on-site circulation, required setbacks, landscaping,
parking, and any other requirements that may have been imposed as
part of the site plan approval for the premises, and shall be placed
on a concrete surface.
c.
The bin(s) shall be of the type that are enclosed by use of a receiving
door and locked so that the contents of the bin(s) may not be accessed
by anyone other than those responsible for the retrieval of the contents.
d.
Each bin shall not cover a ground surface area in excess of five
feet by five feet, nor be more than six feet in height.
e.
Each bin must be regularly emptied of its contents so that it does
not overflow, resulting in used clothing being strewn about the surrounding
area. The bin shall be examined at least twice a month and emptied
at least once a month to ensure there is no overflow of donated materials.
a.
A permit for used clothing donation bins shall be required.
b.
The permit shall be issued by the Township Clerk, but can only be
granted when it is recommended by the Zoning Officer and approved
by the Township Administrator, after a determination that:
1.
The bin(s) are for use by a duly registered nonprofit organization;
2.
The proper types of bin(s) are being used as described by this section;
3.
The bin(s) are being placed in a proper location as described by
this section;
4.
Letter of authority/permission from the owner of the property upon
which the bins are to be and/or are already located; and
5.
Name, address and phone number of the nonprofit organization or church
displayed on each bin.
a.
Any person interested in locating a clothing bin shall make application
for a license to the Municipal Zoning Officer. If no formal application
is made available by the Township, the applicant may provide the application
information on the bin owner's letterhead.
b.
In applying for such a license, the person shall include:
1.
The location where the bin would be situated, as precisely as possible;
2.
Consent from the charitable organization which will benefit from
the placement of this bin on that charity's official letterhead.
3.
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
4.
The name, and telephone number of the bona fide office of any entity
which may share or profit from any clothing or other donations collected
via the bin; and
5.
Written consent from the property owner to place the bin on his property.
c.
The Zoning Officer shall not recommend granting an application for
a permit to place, use, or employ a donation clothing bin if he determines
that the placement of the bin could constitute a safety hazard. Such
hazards shall include, but not be limited to, the placement of a donation
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases.
d.
The Township shall charge a $25 fee for such application to offset
the costs involved in reviewing the application.
e.
The Zoning Officer shall make his recommendation to the Township
Administrator who shall approve or reject the recommendation to grant
the license. An applicant may appeal the decision of the Township
Administrator by filing written notice to the Township Clerk within
10 days of receipt of a denial. Said appeal shall be heard by the
Township Committee which shall render a decision within two regularly
scheduled business meetings.
a.
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of a $25 renewal fee.
b.
Such renewal application shall include:
1.
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property;
2.
The manner in which the person has used, sold, or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the person anticipates it may make in these processes
during the period covered by the renewal; and
3.
The name, and telephone number of the bona fide office of any entity
which shared or profited from any clothing or other donations collected
via the bin, and of any entities which may do so during the period
covered by the renewal.
a.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin.
b.
In addition, the bin shall conspicuously identify the name and address
of the registered person that owns the bin, and of any other entity
which may share or profit from any clothing or other donations collected
via the bin as well as a working phone number for contacting the charitable
agency. For this purpose, an answering service unrelated to the person
does not constitute a working phone number.
c.
If applicable, the telephone number of the bona fide office of any
other entity which may share or profit from any clothing or other
donations collected via the bin.
d.
A statement, consistent with the information provided to the Township
in the most recent permit or renewal application indicating the manner
in which the person anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of collected donations would be allocated or spent.
a.
The Township shall receive and investigate, within 30 days, any complaints
from the public about the bin. Whenever it appears to the Township
that a person has engaged in, or is engaging in any act or practice
in violation of this section, the person who placed the bin shall
be issued a warning, stating that if the violation is not rectified
or a hearing with the Township is not requested within 30 days, the
bin will be seized or removed at the expense of the person who placed
the bin, and any clothing or other donations collected via the bin
will be sold at public auction or otherwise disposed of. In addition
to any other means used to notify the person who placed the bin, such
warning shall be affixed to the exterior of the bin itself.
b.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the appropriate municipal agency may seize the bin, remove
it, or have it removed, at the expense of the person who placed the
bin, and sell at public auction or otherwise dispose of any clothing
or other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the Chief
Financial Officer of the municipality.
If any used clothing donation bins are placed without a permit,
or an inspection reveals that such bins are not in compliance with
this section, enforcement and abatement shall take place as generally
provided under this section.
a.
In addition to any other penalties or remedies authorized by the
laws of this State, any person who violates any provision of this
section and/or P.L.2007, c.209 (C.40:48-2.60 et seq.) which results
in seizure of the donation clothing bin shall be:
1.
Subject to a penalty of up to $20,000 for each violation. The Township
may bring this action in the municipal court or Superior Court as
a summary proceeding under the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.), and any penalty monies collected
shall be paid to the chief financial officer of the municipality;
and
2.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes. A person disqualified from placing, using,
or employing a donation clothing bin by violating these provisions
may apply to the Township to have that person's eligibility restored.
The Township may restore the eligibility of a person who:
