[For state law relating to the Borough's
power to license, see N.J.S.A. 40:52-1, et seq.]
[1961 Code § 21.01; 1972 Code § 110.001]
No person shall engage in any trade, profession,
business or privilege in the Borough for which a license is required
by any provision of this Code, without first obtaining such license
from the Borough in the manner provided in this chapter, unless otherwise
specifically provided.
[1961 Code § 21.02; 1972 Code § 110.005]
Unless otherwise provided, application for a
license shall be made in writing to the Borough Clerk upon forms provided
by the Borough. The applicant shall state the location of the proposed
activity and such other facts as may be required for, or may be applicable
to the granting of such a license.
[1961 Code § 21.04; 1972 Code § 110.010]
All required bonds shall be executed by a surety
company authorized to do business in this state, and be subject to
the approval as to form and surety of the Council. Where policies
of insurance are required, such policies shall be approved as to substance
and form by the Borough Attorney. Satisfactory evidence of coverage
by bond or insurance shall be filed with the Borough Clerk before
the license is issued.
[1961 Code § 21.03; 1972 Code § 110.015]
The fees required for any license shall be paid
at the office of the Borough Clerk before the granting of the license.
Unless otherwise provided, no license fee shall be prorated for a
portion of a year, and no license fee paid shall be refunded.
[1961 Code § 21.05; 1972 Code § 110.020]
a.
Where the approval of any Borough officer or state
officer is required prior to the issuance of any license, such approval
must be presented to the Borough Clerk before any license is issued.
b.
No license shall be approved by any Borough officer
or issued by the Clerk if it appears that the conduct of the activity
for which a license is sought will be contrary to the health, safety
or welfare of the public or any regulation, law or ordinance applicable
to such activity.
[1961 Code § 21.06; 1972 Code § 110.025]
License certificates shall show the date of
issue, the activity licensed and the term of the license, and shall
be signed in the name of the Borough by the Mayor and Borough Clerk,
and be impressed with the Borough seal.
[1961 Code § 21.07; 1972 Code § 110.030]
[1961 Code § 21.08; 1972 Code § 110.035]
Every licensee shall carry his license upon
his person at all times when engaged in the activity for which the
license was granted; except that where such activity is conducted
at a fixed place or establishment, the license shall be exhibited
at all times in some conspicuous place in his place of business. The
licensee shall exhibit the license when applying for a renewal and
upon demand of any Police Officer or person representing the issuing
authority.
[1961 Code § 21.09; 1972 Code § 110.040]
Unless otherwise provided, no license shall
be transferable without the approval of the Council.
[1961 Code § 21.10; 1972 Code § 110.045]
License renewal shall be issued in the same
manner and be subject to the same conditions as original licenses.
[1961 Code § 21.11; 1972 Code § 110.050]
a.
Any license issued by the Borough may be suspended
or revoked by the Council for any of the following causes:
1.
Fraud, misrepresentation or incorrect statement contained
in the application for license, or made in carrying on the licensed
activity.
2.
Conviction of any crime, or any misdemeanor involving
moral turpitude.
3.
Conducting such licensed activity in such manner as
to constitute a breach of the peace, or a menace to the health, safety,
or welfare of the public, or a disturbance of the peace or comfort
of residents of the Borough, upon recommendation of the Health Officer
or other appropriate Borough official.
4.
Expiration or cancellation of any required bond or
insurance.
5.
Actions unauthorized or beyond the scope of the license
granted.
6.
Violation of any regulation or provision of this Code
applicable to the activity for which the license has been granted,
or any regulation or law of the state so applicable.
7.
Failure to continuously comply with all conditions
required as precedent to the approval of the license.
[1961 Code § 21.12; 1972 Code § 110.055]
Any person aggrieved by the action of any Borough
Official in denying or revoking a license shall have the right to
a hearing before the Council on any such action, provided, a written
request is filed with the Borough Clerk within 10 days after receipt
of the notice of such suspension. The Council may grant such license
or confirm any suspension or revocation or reinstate any such license.
The action taken by the Council after a hearing shall be final.
[1961 Code § 21.13; 1972 Code § 110.060]
The Health Officer and other Borough officials
may enter upon the premises where any licensed activity is being conducted
for the purpose of inspection.
[1961 Code § 24.01; 1972 Code § 115.001]
An automatic amusement game of the type commonly
known and designated as bagatelle, baseball, golf, football, horse
racing or pin amusement games or other similar machines or devices
operated, maintained or used in any public or quasi-public place,
or in any building, store or other place wherein the public is invited
or wherein the public may enter, and particularly, but not by way
of limitation, any coin or coin substitute operated automatic amusement
device of the foregoing types operated, maintained or used as aforesaid,
shall not be placed, operated or maintained within the Borough in
premises as aforesaid until a license for such purpose has been obtained.
Such license shall be issued to and in the name of the proprietor
of the premises wherein the machine is to be installed.
[1961 Code § 24.02; Ord. No. 591; 1972 Code
§ 115.005]
The fee for the issuance of such license shall
be $250 per year or for any part thereof per machine and per device.
All licenses shall expire on December 31 of the year of issuance.
[1961 Code § 24.039; 1972 Code
§ 115.010]
A separate application for each such machine
shall be filed on a form furnished by the Borough Clerk, which form
shall show the name of the applicant, post office address, and whether
or not the person making the application has been convicted of a crime
or a violation of any ordinance of the Borough involving gambling.
The form shall also provide for the furnishing of such further information
as may from time to time be requested by the Council. The application
shall be verified by affidavit of the applicant, if a person, or if
a corporation, by an officer of the corporation.
[1961 Code § 24.04; 1972 Code § 115.015]
No license shall be issued under the chapter to any person who has ever been convicted of a crime or a violation of any Borough ordinance involving gambling.
[1961 Code § 24.05; 1972 Code § 115.020]
The license certificate issued under this chapter
shall be affixed to the machine, licensed so that it may be easily
and quickly identified, and shall show on its face the name and post
office address of the licensee and shall briefly state that the machine
to which the same is affixed is licensed for operation and use by
the Borough.
[1961 Code § 24.06; 1972 Code § 115.025]
Any such machine not having affixed a license
thereto may be taken into custody by the Police Department and disposed
of. The Police Department shall have the right of entry into all premises
of quasi-public nature where any such machines are located for the
purpose of determining whether or not the same are so licensed.
[1961 Code § 24.07; 1972 Code § 115.030]
a.
The holder of a license under this chapter may, upon
written application to the Borough Clerk, transfer the license within
the period for which it is issued to another like machine operated
in the same premises, and may also transfer the license from one premises
to another upon application. The fee for each such transfer is $1
payable upon the making of such transfer.
b.
Any license issued under this chapter shall not be
transferable from one person to another.
[1961 Code § 24.08; 1972 Code § 115.035]
Not more than two such machines are permitted
to be used or operated in any one place, location or premises.
[1961 Code § 24.08; 1972 Code § 115.040]
No person shall use or permit to be used any
machine licensed under this chapter for the purpose of gambling.
[1961 Code § 24.10; 1972 Code § 115.045]
No machine licensed under this chapter shall
be placed, maintained, operated or used within any premises within
200 feet of any school, as measured in a direct line from the nearest
school door to the nearest door to the premises.
[1961 Code § 24.11; 1972 Code § 115.050]
In the event any licensee is convicted of violating
any provisions of this chapter, the license issued to such licensee
shall immediately upon conviction be revoked and no further license
shall be issued to him for any such machine for a period of at least
one year.
[1961 Code § 24.12; 1972 Code § 115.055]
This chapter is enacted for the purpose of raising
revenue and for the regulation and control of automatic amusement
games of the type hereinbefore described.
[Ord. No.
436; 1972 Code § 116.001]
a.
No bowling alley or pool room shall be operated within
the limits of the Borough without a license to do so.
b.
Each applicant for such license shall make written
application setting forth:
1.
The full name, residence and post office address of
applicant.
2.
The exact location of the proposed licensed premises,
giving the street address, block and lot number as shown on the tax
assessment map of the Borough, and the exact dimensions of the lands
upon which the bowling alley or pool room is to be operated.
3.
A description of the buildings, structures and accommodations
upon said lands, including a statement of the number of alleys or
pool and billiard tables to be operated, the maximum number of persons
who can be accommodated at any given time; a plat showing the location
of buildings; a description of the character of said buildings or
structures as to size, type of construction and whether or not the
same are fireproof; and a map and description of automobile parking
space and facilities.
4.
The name and address of the owner of the lands and
buildings.
5.
The name or names of the person or persons on the
licensed premises upon whom process may be served.
c.
Each application shall be made in triplicate and shall
be signed and sworn to by the applicant and presented to the Borough
Clerk, together with a certified or bank check or cash in the amount
of the license fee.
[Ord. No.
436; Ord. No.
591; 1972 Code § 116.005]
The annual fee for a bowling alley shall be
$15 for each alley. The annual fees for a pool room shall be $5 for
each pool and billiard table. Such license fees are hereby declared
to be for the purpose of revenue.
[Ord. No.
828 § 1; Ord. No. 828B]
The purpose of this section is to provide standards
and regulations for various types of intrusion, burglar, fire and
other emergency alarm devices whether by direct line, radio, telephone
or other means actuating a device at the police headquarters of the
Borough and requiring response thereto by the Police Department, Fire
Department or other municipal agencies.
[Ord. No.
828 § 2]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the Police, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within the Borough so long as such activity is not connected to the alarm console at the Borough Police Headquarters; except, however, that any person having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with Subsection 4-5.6a without fee.
[Ord. No.
828 § 3]
As used in this section:
The console or control panel of devices giving a visual or
audio response or both, and located within the confines of the Police
Department of the Borough.
Any type of alarm system actuating equipment in the alarm
console providing warning of intrusion, fire, smoke, flood or other
peril.
Any alarm device or combination of devices installed for
one or more buildings at a location other than the alarm console.
Shall be limited to a member of the Police Department of
the Borough.
That type of device using telephone lines transmitting an
alarm directly through the police switchboard.
Any alarm actuated by inadvertence, negligence or unintentional
act of someone other than an intruder, and shall include as well alarms
caused by malfunctioning of the alarm device or other relevant equipment,
but shall not include alarms created by the malfunction of the alarm
console.
The person obtaining the license to maintain the alarm console
as hereinafter set forth.
Any alarm or device which when actuated produces a signal
not connected to the alarm console such as store burglar alarms actuating
bell devices or any type of audio noise.
Any person owning an alarm device or a local alarm within
the scope of this section.
And include any natural person, partnership, corporation
or association.
[Ord. No.
828 § 4; Ord. No. 828C § 1]
a.
There is hereby established a Police alarm console license which shall be granted upon recommendation of the Chief of Police, as set forth in Subsection 4-5.5. Any such licensee shall have exclusive use and control of the alarm console, except for use by the Police Department of the Borough, and such licensee will be responsible at no cost to the Borough for the establishment, construction and installation of the console containing equipment and being of a design approved by the Police Chief and for the care, maintenance and management thereafter of the console; the licensee shall locate the console and relocate the console if necessary under the supervision of the Chief of Police at no cost to the Borough. For any such license granted hereunder, the licensee will assume all liability and agree to indemnify and save harmless the Borough of Ramsey, its agents and the Ramsey Police Department, for any acts in conjunction with the operation of the police alarm console and in conjunction therewith he shall furnish annually to the Borough Clerk a noncancellable insurance certificate indicating complete liability coverage in an amount no less than $300,000 for each person, $500,000 for each accident, and $1,000,000 property damage for each accident.
b.
Any connection to the police alarm console shall be
of a type inspected and approved by the Chief of Police or his designated
representative, and any person aggrieved by his decision may appeal
said decision in writing within 10 days to the Borough Council.
c.
All alarms existing as of the date of the adoption
of this section (except dial alarms) shall be connected hereunder
to the alarm console by the licensee, and no connection cost for such
transfer shall be permitted.
d.
The licensee for the police alarm console shall be
permitted to charge subscribers a maximum installation fee not exceeding
$60 and a maximum monthly retainer or maintenance fee not to exceed
$10. Any increase in this fee, due to cost of living, may be approved
by the Borough Council by resolution, after being requested by the
Chief of Police. No fee shall be charged to the Borough of Ramsey
or the Board of Education of the Borough for monthly charges or console
connection charges for any existing or future systems in public buildings;
and any equipment or alarm devices installed by the alarm console
licensee in such public buildings shall be at wholesale cost with
no maintenance charge for alarm connected from the Borough offices.
e.
The licensee shall install initially an annunciator
or display console, having no less than 900 zones available for present
systems and future connections which console shall be approved by
the Underwriters' Laboratories. The licensee should be U.L. listed.
f.
Except as provided in Subsection 4-2.1, any license issued hereunder shall be for a term of five years from date of approval by the Borough Council, such licensee shall post with the Borough Clerk a performance bond in the amount of $10,000, noncancellable without notification to the Borough Council, guaranteeing performance for five years of the obligation of the licensee and insuring maintenance of the console and alarm system during the period when such license is in force.
[Ord. No.
828 § 5]
a.
Prequalification. Persons desiring to bid for the
license shall make application to the Public Safety Committee of the
Borough Council, which application shall disclose whatever information
may be required by the Borough concerning the ability of the proposed
applicant to comply with the requirements of this section, and shall
indicate, in any event, that:
b.
Upon receipt by the Public Safety Committee of the
Borough Council of a list of those persons or corporations who prequalified,
the Borough Council shall then designate the time and place for receiving
sealed bids by those eligible to submit bids, as set forth in Paragraph
a above, which bid shall indicate the bond and other requirements
of this section and the maximum installation and monthly charges prescribed
by this section of a lesser amount. Upon the return of the sealed
bids, the Borough Council may award the license to the person whose
bid taken as a whole is the most advantageous to both the subscribers
to the system and to the Borough from a cost standpoint and in conjunction
therewith the Borough Council reserves the right to reject any and
all bids.
[Ord. No.
828 § 6]
a.
Any person which owns or operates an alarm device
or a local alarm shall make application for the continuance thereof
in writing to the Chief of Police, which application shall contain
at least the location of the device, the name of the installer of
the device, the type of device, provisions relating to false alarms
and testing procedures, a list of persons to be contacted in the event
of an alarm, and other information as may be required by the Police
Chief.
b.
Local alarms shall be registered but no fee shall
be charged therefor.
c.
Any permit granted hereunder shall be accepted upon
the express condition that the permittee shall indemnify and hold
the Borough harmless from and on account of any and all damages arising
out of the activities of the permittee, its alarm contractor, or the
alarm console licensee of the Borough.
[Ord. No.
828 § 7]
The Borough shall be under no duty or obligation
to any permittee hereunder or to any alarm console licensee hereunder,
the alarm console and allied equipment being maintained at will and
subject to termination at any time by cancellation of the system by
resolution duly adopted by the Borough Council, and any individual
permit issued hereunder may be revoked at any time by the Borough
Council upon recommendation of the Police Chief, provided that 30
days notice is given in writing to the permittee by registered mail.
[Ord. No.
828 § 8; Ord. No. 828-A § 1; Ord. No. 828-B § 1]
a.
All fire alarm devices shall be installed in accordance
with the requirements of the Fire Chief or his designee and the consent
of the Police Chief.
b.
Any licensee for the alarm console and any permittee
utilizing the services of any other alarm company connected to said
console shall provide for a representative to be on call at all times;
and such service shall be provided immediately when necessary after
notification by the Police Department of any malfunctions of any equipment.
c.
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with Subsection 4-5.9. In addition, in the case of false alarms the Chief of Police shall cause an investigation to be made and keep a record of the alarms on file. A warning shall be issued for the first and second false alarm in any calendar year. The penalties as provided in Subsection 4-2.11 shall apply to all subsequent false alarms in any calendar year. Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the alarm console and a disregard of the permittee for taking remedial steps to avoid false alarms, the governing body reserves the right to require disconnection from the alarm console for a limited or permanent time, provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Borough Council why such action should not be taken.
d.
Any unauthorized equipment may be disconnected by
the Chief of Police or his designated representative for noncompliance
with this section; and any person installing or maintaining unauthorized
equipment shall be prosecuted for violation of this section; and each
and every day said equipment is in operation shall be considered a
separate violation. Any permittee shall by acceptance of the permit
be deemed as having consented to inspection of the premises on which
the alarm devices are installed at reasonable hours by the Chief of
Police or his designated representative.
[Ord. No.
828 § 9]
The Chief of Police may promulgate rules and
regulations supplementing this section in order to provide for record-keeping
and efficient management of said system; provided, however, that the
Borough Council shall first approve the rules or any changes thereto.
[Ord. No.
859 § 1]
No person shall conduct or operate any motor
vehicle rental business or any yard for the storage or parking of
same without first having secured a license therefor in accordance
with the terms of this section.
[Ord. No.
859 § 1]
a.
In addition to the information specified in Subsection 34-29.1 of the Zoning Chapter of this Code, each application for a license under this chapter shall state the name or names of the person or persons on the premises on which the business is to be conducted upon whom process out of any court of competent jurisdiction may be served and the total area of the ground space of the premises and the floor space of the structure on or in which the business is to be conducted, and shall be accompanied by a detailed diagram or plan of the same, showing the location of buildings and the land to be used in the operation of the business.
b.
Applications for the license shall be made to the
Construction Code Enforcement Official, who shall also issue such
licenses.
[Ord. No.
859 § 1]
[Ord. No.
859 § 1]
a.
All yards of business required to be licensed under
this section shall be paved with either asphalt, concrete or bituminous
concrete throughout the entire area or areas used for the parking,
storing, loading or servicing of vehicles.
b.
All lights in such yards shall be installed and maintained
in such a manner as not to cast glare upon the adjoining and surrounding
property.
c.
No unlicensed vehicle shall be stored or parked upon
any premises licensed under this chapter.
d.
No stripping, dismantling or disassembling of any
vehicle shall take place upon any premises licensed under this chapter.
e.
No vehicle shall be repaired or overhauled upon any
premises licensed under this chapter except within an enclosed structure
conforming in all respects with the requirements of the Building Code
and Fire Prevention Code of the Borough.
[1961 Code § 22.01; Ord. No. 490; 1972 Code
§ 111.001]
As used in this section:
A person commonly referred to either as a peddler or hawker
who goes from place to place by travelling on the streets or from
house to house and carries with him goods, wares or merchandise for
the purpose of selling and delivering them to purchasers and consumers.
Any individual, firm, partnership, corporation, voluntary
association or agent.
Any person, not otherwise considered to be a "peddler" herein,
who goes from house to house, person to person, place to place, or
who otherwise moves or travels about this Borough for any of the following
purposes: to sell, procure orders, pledges, subscriptions, commitments
or promises of any nature whatsoever for property, real or personal,
or services of any kind, regardless of the description or nature,
whether for profit or nonprofit; to collect money or procure pledges
or promises, regardless of the reason or purpose for which such money
shall be intended or applied; to collect material, goods or property
of any kind or to procure pledges or promises, regardless of the purpose;
to otherwise entreat, importune or approach other persons in this
Borough with requests or pleas of any nature.
[1961 Code § 22.02; Ord. No. 490; 1972 Code
§ 111.005]
As to peddlers, the purpose of this chapter
is to regulate them, to impose license fees for revenue, to prevent
dishonest business practices, and to protect the public welfare. As
to solicitors, the purpose of this chapter is to regulate them, to
prevent dishonest business practices, and to protect the public welfare.
[1961 Code § 22.03; Ord. No. 490; 1972 Code
§ 111.010]
No peddler or solicitor shall do any act within
this Borough without first obtaining a license and paying any license
fee hereinafter prescribed.
[1961 Code § 22.04; Ord. No. 436; Ord. No. 490; 1972 Code
§ 111.015]
a.
Any person desiring a license shall obtain from the
Borough Clerk an application blank. The blank shall contain the following
information:
1.
Name of applicant.
2.
Permanent home residence.
3.
Name and address of firm represented, if any.
4.
Three business references.
5.
The place of residence of the applicant for the three
preceding years.
6.
A full explanation of the proposed peddling or soliciting
to be carried out in the Borough.
7.
The number of convictions for misdemeanors or crimes
and the nature of the offenses for which convicted.
8.
To the application must be appended a letter or other
satisfactory proof from the firm for which he purports to work authorizing
the applicant to act as its representative.
9.
The application shall be accompanied by a set of the
applicant's fingerprints for identification purposes and each applicant
shall pay to the Borough Clerk a fee of $5 to cover the cost of investigation
of the facts contained in the application. The Chief of Police shall
attend to the necessary fingerprinting.
[1961 Code § 22.05; Ord. No. 490; 1972 Code
§ 111.020]
The Chief of Police shall then have a reasonable
time in which to verify the information in the application blank respecting
the moral character of the applicant, and shall signify his approval
or rejection on the reverse side of the form which he shall thereupon
transmit to the Borough Clerk.
[1961 Code § 22.06; Ord. No. 490; 1972 Code
§ 111.025]
Upon receiving from the Chief of Police any
application favorably endorsed, the Borough Clerk, who is hereby designated
as the licensing officer, is directed, upon payment of the prescribed
fee, to issue a license to the applicant. The license issued shall
not authorize any person except the designated person named in the
license to act as solicitor or peddler. This license shall not be
transferable from the person to whom issued.
[1961 Code § 22.07; Ord. No. 490; 1972 Code
§ 111.030]
All licenses shall be issued on forms drawn
in accordance with this chapter. They shall be printed in book form
with corresponding stubs and shall be consecutively numbered. The
license shall contain suitable blank spaces for writing in the name,
class of license granted, and the amount of fee paid. There shall
be kept in the office of the Clerk the necessary books for recording
the time the application for license is received showing whether it
is a new license or a renewal, the name of the licensee, the time
when the application was approved by the Chief of Police and the Clerk,
the amount of fee received, and the date when the license was issued.
[1961 Code § 22.08; Ord. No. 490; 1972 Code
§ 111.035]
Every person holding a license under this chapter
shall be required to carry the license with him. He must produce the
license at the request of any official of the Borough, or of any person
within the Borough who is approached by the licensee.
[1961 Code § 22.09; Ord. No. 490; 1972 Code
§ 111.040]
In addition to the investigation fee, peddlers
shall pay a license fee of $25 per annum or fraction thereof, payable
in advance, which fee shall be for revenue purposes. Every peddler's
license shall terminate at midnight on December 31 of the year in
which it is issued.
Solicitors shall not be required to pay any
license fee other than the investigation fee to cover the reasonable
cost of investigating the character and record of such solicitor.
A solicitor's license shall continue in effect until midnight on December
31 of the year in which it is issued.
[1961 Code § 22.10; Ord. No. 490; 1972 Code
§ 111.045; Ord. No. 977 § 1]
A license may be revoked by the Borough Council,
Borough Administrator or Borough Police Chief by reason of the violation
of the terms hereof, the violation of any municipal ordinance, state
or federal statute, or false statement made in applying for a license.
The licensed person must be granted a hearing by the Borough Council
upon his request. A license may be suspended for not more than two
weeks by the issuing officer without a hearing.
[1961 Code § 22.11; Ord. No. 490; 1972 Code
§ 111.050]
Any person aggrieved by the action of the Chief
of Police or the Borough Clerk in the denial or revocation of a license
as provided in this chapter shall have the right of appeal to the
Mayor and Council. Such appeal shall be taken by filing with the Council,
within 14 days after notice of the action complained of has been mailed
to such person's last known address, a written statement setting forth
fully the grounds for the appeal. The Council shall set a time and
place for hearing on such appeal and notice of such hearing shall
be given to the appellant. The decision and order of the Council on
such appeal shall be final and conclusive.
[1961 Code § 22.12; Ord. No. 490; 1972 Code
§ 111.055]
Licenses issued here may be renewed by following
the same procedure required for the issuance of the original license,
except that if the Chief of Police is satisfied that the Department
has in its records the fingerprints of the applicant for renewal,
the Chief of Police may waive fingerprinting in connection therewith.
[1961 Code § 22.13; Ord. No. 490; Ord. No. 641 § 1;
1972 Code § 111.060; Ord.
No. 977 § 2]
It shall be unlawful for any person to peddle
or to solicit from the back doors or side entrances to any premises
within the Borough or to peddle or solicit before 10:00 a.m. or after
3:00 p.m. on any weekday or any time on Sunday.
[1961 Code § 22.14; Ord. No. 490; 1972 Code
§ 111.065]
Any religious organization or organization not
for profit, which wishes to solicit or peddle for the purposes of
its organization, may secure a license in the organization name to
do so provided the organization furnishes to the Chief of Police the
name and address of the officer of the organization in charge who
will process the application, and specimen identification tags or
other identifying media which such members will produce and display
at the request of any official of the Borough or of any person who
is approached by such member. Such organizations shall be exempt from
the payment of any license or investigation fees, and from the restriction
against soliciting or peddling on Sunday.
[Ord. No.
880A § 1]
As used in this chapter:
One who purchases small lots of precious metals from the
public and sells the aggregate to refiners or brokers, and/or makes
appraisals of small lots of precious metal.
Any person under the age of 18 years.
Gold, silver, platinum and their alloys as defined in N.J.S.A.
51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
Made up of used jewelry and the like, excluding coins and
bullion.
[Ord. No.
880A § 1]
Each merchant conducting such business within
the jurisdiction of the Borough shall first register with the Chief
of Police.
[Ord. No.
880A § 1]
Each merchant shall maintain a complete record
of each purchase including the amount paid, indicating the name, residence,
age, and description of the person from whom the items were purchased
and a detailed description of such items. These records shall be subject
to the inspection of any authorized police officer of the Borough
and such records shall be in the form prescribed by the Chief of Police.
[Ord. No.
880A § 1]
Each merchant doing business in the Borough
shall deliver to the Chief of Police the description of all items
purchased, within 72 hours of the completion of the transaction, on
forms prescribed by the Chief of Police.
[Ord. No.
880A § 1]
No merchant shall sell, melt, change the form
or dispose of any items purchased within five days from the date the
notification is made to the Chief of Police and all such items shall
remain on the premises where the purchase was made for at least five
days.
[Ord. No.
880A § 1]
Each merchant shall require identification of
the person with whom he is transacting business. No transaction may
be made with any minor, as hereinabove defined. Required identification
shall be deemed to be a current driver's license, if available, and
if not, two other types of identification.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code
§ 112.001]
As used in this section:
The ownership and operation of any taxicab, automobile, motor
car, school bus, or bus for private charter, engaged in the business
of carrying passengers for hire, and which is held out, announced
or advertised to operate or run or which is operated or run over any
of the streets in the Borough, and particularly accepts and discharges
such persons as may offer themselves for transportation from points
or places to points or places within or without the Borough.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code
§ 112.005]
No person having an office or place of business,
telephone or branch office located within the limits of the Borough
or operating a bus within the limits of the Borough shall carry on
within the Borough the business or occupation of the transportation
and the carriage of passengers or school children for hire, without
the consent of the Council and a license.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code
§ 112.010; Ord. No. 782 § 1]
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code
§ 112.015]
a.
Any applicant
for a license for a taxicab, school bus, or other vehicle carrying
passengers for hire shall file with the Borough Clerk an insurance
policy of a company licensed to transact business under the insurance
laws of the State of New Jersey in such amounts as may be required
by law or by the Council. The consent of the Council hereinbefore
provided, shall continue effective and operation thereunder shall
be permitted only so long as the insurance policy remains in force
and effect.
b.
Taxicabs.
[Added 11-22-2010 by Ord. No. 18-2010]
1.
The
governing body of the Borough of Ramsey requires that the owner of
a taxicab shall file with the Borough Clerk an insurance policy of
a company duly licensed to transact business under the insurance laws
of the State of New Jersey conditioned for the payment of a sum of
not less than $1,000,000 to satisfy all claims for damages by reason
of bodily injury to, or the death of, any one person resulting from
an accident and a sum of not less than $2,000,000 to satisfy all claims
for damages by reason of the bodily injuries to, or the death of,
all persons, on account of any such accident, by reason of the ownership,
operation, maintenance, or use of such taxi upon any public street,
and conditioned for the payment of a sum not less than $100,000 to
satisfy any claim for damages to property of any one person, resulting
from an accident, and a sum of not less than $250,000 to satisfy all
claims for damage to property of all persons on account of any such
accident, by reason of the ownership, operation, maintenance, or use
of such taxi upon any public street.
2.
The
insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance,
or use of the taxicab or any fault in respect thereto and shall be
for the benefit of every person suffering loss, damage or injury as
aforesaid.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code
§ 112.020]
Taxicabs shall have special stands at designated
locations in parking areas established by the Police Department, and
shall not be parked in any other location.
[1961 Code § 25.01; 1972 Code § 113.001; Ord. No. 16-1999 § 1]
As used in this section:
Renting, leasing, maintaining, keeping, operating, conducting
or providing of overnight or temporary sleeping accommodations for
a consideration to tourists, transients or travelers in any building
or structure, or group of buildings or structures, devoted exclusively
or primarily to the business, commonly known as tourist lodges, tourist
cabins, motor lodges, motor courts, motels, hotels, tourist courts
or tourist camps, whether meals are served or not.
Any room or subdivided part of a housing structure, with
or without toilet facilities, used for sleeping or living accommodations
in the business of conducting tourist lodges, cabins, camps, courts,
motels or hotels.
[1961 Code § 25.02; 1972 Code § 113.005]
a.
No person shall engage in the business of conducting
a tourist lodge or motel without a license to do so.
b.
Each applicant for such license shall make written
application setting forth:
1.
The full name, residence and post office address of
applicant.
2.
The exact location of the proposed licensed premises,
giving the street address, block and lot number as shown on the tax
assessment map of the Borough, and the exact dimensions of the lands
upon which the business is to be conducted.
3.
A description of the buildings, structures and accommodations
upon said lands, including a statement of the number of housing or
lodging units, the maximum number of persons who can be accommodated
at any given time; a description of the character of the buildings
or structures as to size, type of construction and whether or not
the same are fireproof; and a description of automobile parking space
and facilities.
4.
The name and address of the owner of the lands and
buildings.
5.
The name or names of the person on the licensed premises
upon whom process may be served.
6.
A detailed description of the register or system used
for the registration of persons to whom accommodations are extended.
c.
Each application shall be made in triplicate and shall
be signed and sworn to by the applicant and presented to the Borough
Clerk, together with a certified or bank check or cash in the amount
of the license fee.
[1961 Code § 25.03; 1972 Code § 113.010]
The Borough Clerk shall forward the application
to the Health Officer of the Board of Health and to the Fire Chief,
who shall inspect the premises to determine whether or not the premises
comply with the Board of Health and fire regulations. If the premises
do not comply, the officers shall attach to the application a written
list of recommendations and return the same to the Borough Clerk,
who shall in turn return the application to the applicant. If the
premises do comply, the officers shall attach thereto a certificate
of approval. The Borough Clerk shall present the application with
the certificates of approval to the Council. The Council shall thereupon
cause to be made such further investigation of the premises and of
the information set forth in the application as it may deem necessary
and shall determine on the basis of the investigation and application
whether or not such license shall be granted.
[1961 Code § 25.04; Ord. No. 454; 1972 Code
§ 113.015]
The annual fee for a tourist lodge or motel
is $12.50 for each housing or lodge unit. The license fee is hereby
declared to be for the purpose of revenue.
[1961 Code § 25.05; 1972 Code § 113.020]
On application made for setting forth the same
matters required to be set forth in connection with an original application
for a license, the Council, with the consent of the licensee and upon
payment of a fee of 10% of the annual license fee, may transfer to
such applicant any license issued under this section. The ten-percent
fee shall be retained by the Council whether the transfer is granted
or not.
[1961 Code § 25.06; 1972 Code § 113.025]
Any change in any of the information set forth
in the application during the term of the license shall forthwith
be communicated by the licensee in writing to the Borough Clerk.
[1961 Code § 25.07; 1972 Code § 113.030]
a.
Each licensee under this section shall at all times
cause to be maintained on the licensed premises a register in which
each person who is afforded accommodations on the licensed premises,
or someone under his direction, shall write, in ink, his full and
true name, address, and state license or registration number appearing
on the motor vehicle then being used or operated by the registrant.
b.
In addition to the foregoing information, the licensee
shall cause to be written into the register, in ink, the number of
the room or accommodations assigned to each registrant, the date and
hour of registration, the name of the person who takes or accepts
the registration, and the date when the occupant surrenders his room.
Each registration shall be consecutively numbered in chronological
order of registration.
c.
The register shall be kept and preserved by the licensee,
and shall be available on request at any hour of the day or night
to any police officer of the Borough. The system of registration as
described in the licensee's application shall not be altered in any
manner unless the licensee shall first have applied for and received
permission of the Council to do so.
[1961 Code § 25.08; 1972 Code § 113.035]
It shall be the duty of the Police Department
to inspect the licensed premises from time to time, at any hour of
the day or night, to determine that the provisions of this section
are being complied with.
[Ord. No.
16-1999 § 2]
The sleeping accommodations used in the business
of conducting tourist lodges or motels shall be rented only for the
use of transient occupants and shall not be used or occupied under
any permanent basis, and no such occupant shall be deemed to be a
resident therein.
[Ord. No.
26-2003 § 1]
a.
Purpose. It is the purpose of this subsection to implement the provisions of P.L. 2003, c. 114, which authorizes the governing body of a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a tourist lodge or motel subject to taxation pursuant to Subsection (d) of section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a tourist lodge or hotel.
b.
There is hereby established a tourist lodge and motel room occupancy tax in the Borough of Ramsey which shall be fixed at a uniform percentage rate of 1% on charges of rent for every occupancy of a tourist lodge or motel room in the Borough of Ramsey on or after July 1, 2003, but before July 1, 2004, and 3% on charges of rent for every occupancy of a tourist lodge or motel room in the Borough of Ramsey on or after July 1, 2004, of a room or rooms in a tourist lodge or motel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).
c.
The tourist lodge and motel room occupancy tax shall
be in addition to any other tax or fee imposed pursuant to statute
or local ordinance or resolution by any governmental entity upon the
occupancy of a tourist lodge or motel room.
d.
In accordance with the requirements of P.L. 2003,
c. 114:
1.
All taxes imposed by this subsection shall be paid
by the purchaser.
2.
A vendor shall not assume or absorb any tax imposed
by this subsection.
3.
A vendor shall not in any manner advertise or hold
out to any person or to the public in general, in any manner, directly
or indirectly, that the tax will be assumed or absorbed by the vendor,
that the tax will not be separately charged and stated to the customer,
or that the tax will be refunded to the customer.
4.
Each assumption or absorption by a vendor of the tax
shall be deemed a separate offense and each representation or advertisement
by a vendor for each day that the representation or advertisement
continues shall be deemed a separate offense.
5.
The penalty for violation of the foregoing provisions
shall be $1,000 for each offense.
e.
The tax imposed by this section shall be collected
on behalf of the Township by the person collecting the rent from the
tourist lodge or motel customer. Each person required to collect the
tax herein imposed shall be personally liable for the tax imposed,
collected or required to be collected hereunder. Any such person shall
have the same right in respect to collecting the tax from a customer
as if the tax were a part of the rent and payable at the same time;
provided that the Chief Financial Officer of the Borough shall be
joined as a party in any action or proceeding brought to collect the
tax.
[1]
Editor's Note: Subsequent amendments are noted where applicable.
As used in this section, the following terms shall have the
meanings indicated:
A motor vehicle of a private-passenger, sport utility or
station-wagon type that is owned or leased and is neither used as
a public or livery conveyance for passengers nor rented to others
with a driver; and a motor vehicle used for recreational purposes
not customarily used in the occupation, profession or business of
the owner(s).
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area or from
a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
Any vehicle other than that defined as an automobile pursuant
to the definitions as contained in this section.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed. This includes all situations that are accidental
as to the owner or operator of the motor vehicle even if they were
caused by the intentional acts of a perpetrator where the perpetrator
was not the owner or operator of the motor vehicle.
An automobile storage facility that is not indoor and is
secured by a fence, wall or other man-made barrier that is at least
six feet high. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
To retrieve from a location off the roadway, upright a rolled
over vehicle, or a vehicle is underneath or impaled onto another object.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
If a vehicle has flat tires and/or does not roll freely,
then the vehicle must be winched.
a.
The Ramsey Police Department shall appoint persons or companies meeting
the criteria set forth in this section and engaged in the business
of offering the services of a motor vehicle towing or wrecker service,
whereby damaged or disabled motor vehicles are towed or otherwise
removed from the place where they are damaged or disabled, by use
of a tow vehicle, as defined in this section. Such persons or companies
shall be known as "official towers."
b.
Official towers shall be identified by means of a license that shall
be issued in accordance with the provisions of this section.
c.
Not less than 75 days prior to the beginning of each two-year term
of an official tower's license, the Borough shall advertise for applications
for towing licenses for providing towing services pursuant to this
section. The advertisement shall be published in the legal newspapers
of the Borough.
d.
All applicants shall submit their applications at least 60 days prior
to the commencement date for each two-year period, and the applications
shall be reviewed in accordance with the procedures set forth in this
section. The award of a license to the successful applicants shall
be subject to compliance with the license requirements of this section.
e.
For the purposes of the licenses to be awarded, pursuant to this
chapter, licenses issued thereafter shall be for a two-year period
commencing on January 12 of the year in which they were issued and
terminating two years thereafter.
f.
Notwithstanding the provisions of this section that provide for a
two-year term of the license, official towers shall submit no later
than December 1 of each year that the tow license is in effect, a
detailed certification certifying that the official tower meets the
requirements of this section in regard to the issuance of licenses.
Said certification shall be submitted to the Ramsey Police Department
for review and approval by the designated administrative officers.
Failure to submit the certification or failure to continue to abide
by the requirements of this section in regard to the issuance of a
towing license shall subject the official tower to revocation of the
license in accordance with the procedures contained herein.
a.
Official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the Borough, when requested to do so
by the Police Department.
b.
No official tower shall subcontract any work to be performed pursuant
to this section except in an emergency situation.
a.
Applications for inclusion on the official towers list shall be made
to the Borough Council upon a form prepared by the Police Department
and approved by the Borough Attorney and shall contain all of the
following information:
1.
The name, residence and business address, and telephone number of
the owner of the towing company. If the owner is a corporation, the
application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
2.
Such information as may be required by the Mayor and Council concerning
the personnel, vehicles, equipment and storage facilities of such
applicant, as hereinafter provided, showing that the applicant meets
the minimum standards of performance.
3.
Policies or certificates of insurance coverage as hereinafter provided.
4.
The names and addresses of two business references who have known
the applicant for at least two years.
5.
Certification that the applicant will be able to provide towing services
anywhere in the Borough with a maximum response time of 20 minutes,
except when extraordinary circumstances occur.
6.
Certification that the applicant will be available for service on
business premises 24 hours a day, seven days a week and that he/she
will abide by the fees contained in or referred to in this section.
7.
Consent to certification that will consent to appointment of the
Borough Clerk as the applicant's true and lawful attorney for the
purpose of acknowledging service out of any court of competent jurisdiction
to be served against the applicant.
8.
A sketch plan showing the location of the storage area, the number
of cars that can be stored and the total square footage area of the
storage area.
9.
Agreement to abide by the general rules and regulations established
by the Police Department in connection with towing procedures within
the Borough.
b.
The applicant shall submit completed duplicate applications to the
Borough Clerk who shall forward a copy to the Chief of Police for
his review and approval. The review by the Ramsey Police Department
shall consist of the following:
1.
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense or have had their
driver's licenses suspended or revoked within the past year. The applicant
shall cause each of its drivers to have a background check performed
at a state approved facility prior to that driver performing any towing
services in the Borough. The results shall be made available to the
Borough Clerk, immediately upon request. Conviction of a criminal
offense or suspension of a driver's license within the past year shall
be a cause for disqualification from inclusion on the official towers
list.
2.
An inspection of the personnel, vehicles, equipment and storage area
proposed to be utilized by the applicant to verify the accuracy of
the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this section.
c.
An applicant may be included on the official towers list by the Borough
Council, by resolution adopted at a regular public meeting, when,
from a consideration of the application and from such other information
as may otherwise be obtained, it finds that all of the following circumstances
exist:
1.
The applicant has not knowingly and with intent to deceive, made
any false, misleading or fraudulent statements of material fact in
the application or in any other document required pursuant to this
section.
2.
The applicant has met the standards in this section and has forwarded
the required hold harmless agreement and policies or certificates
of insurance which shall be reviewed and approved by the Borough's
risk management consultant.
3.
The applicant has been reviewed and approved by the Police Department
designee.
4.
Neither the applicant nor the applicant's personnel have been convicted
of a criminal offense or had their driver's licenses suspended within
the past year.
d.
The Chief of Police shall conduct a review and render a report to
the Borough Council, recommending either approval or denial of the
application within 45 days of receipt of the application. The Borough
Council shall take action with regard to the application within 45
days of receipt of the report of the Police Department. The applicant,
or its representative, shall be given notice of the date on which
the Borough Council will consider the application and shall be permitted
to appear and be heard at that time.
e.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Borough Council.
f.
If the Borough Council fails to take action within 60 days of receipt
of a complete application, the application shall be deemed to have
been denied.
a.
Upon approval of the application as herein provided, the Chief of
Police shall issue the applicant an official tower's license to be
utilized providing services pursuant to this section.
b.
Said license shall be in a form approved by the Borough Council.
c.
The license shall be valid for the two-year period as set forth in
this section, shall be nontransferable and shall be subject to revocation
by the Borough Council for any of the following reasons:
1.
If it is subsequently determined that the applicant knowingly and
with intent to deceive, made false, misleading or fraudulent statements
of material fact in the application or any other document required
pursuant to this section.
2.
Violation of any federal or state law or municipal ordinance or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
3.
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance or the New Jersey Division of Consumer Affairs.
4.
Unsatisfactory service provided pursuant to this section.
5.
Failure to annually certify compliance with the requirements of this
section as required.
d.
The fee for the license issued under this section shall be $100 per
year. The fee for the annual review of certification and inspection
of vehicles and equipment submitted by the official tower pursuant
to this section shall be $50.
e.
Licenses shall not be transferable.
f.
No license shall be issued for less than the full two-year period
of the license nor should a license be issued at any other time during
the two-year period.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
a.
Minimum vehicle requirements.
2.
Vehicle classes:
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly at least 100 feet of either three-eighths-inch or seven-sixteenths-inch
wire rope attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed that slides or tilts to accommodate transporting of vehicles.
3.
Every official tower shall have available a heavy-duty wrecker and
under reach that shall be rated at 35,000 pounds and shall be capable
of towing new style buses and trucks with fiberglass front ends.
4.
All equipment shall comply with all state and federal regulations.
5.
Each applicant shall submit, along with its application, proof of
ownership, lease or other written agreement demonstrating availability
as needed of the vehicles that will be utilized to provide services
pursuant to this section.
b.
Minimum equipment requirements.
1.
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicle, visible from 360º
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber colored.
(d)
Appropriate chains/wire rope/nylon straps for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar or pry-bar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 40 pounds of dry sand or a drying compound for gasoline
and oil spilled onto the roadway and a container of sufficient size
to remove the used compound, a sufficient quantity and types of tools
to enable the tow operator to perform proper and adequate emergency
repair services for the tow.
2.
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Police Department at any time. No changes
may be made to vehicles or equipment unless prior written approval
is obtained from the Borough.
3.
Every tow vehicle or flatbed vehicle shall display the official tower's
license and shall have the name of the official tower displayed on
the vehicle in such manner and of such lettering as conforms to the
provisions of N.J.S.A. 39:4-46.
4.
All towing operators' trucks must be equipped with two-way radio
and/or mobile telephone communications equipment with their principal
place of business, including their garage and/or office facilities,
to ensure the proper availability of services and equipment on behalf
of the Borough and motorists.
5.
The towing operators' wrecker(s) and all other vehicles shall be
properly licensed and registered with the New Jersey Division of Motor
Vehicles.
(a)
Towing operators' vehicles shall display New Jersey commercial
license plates.
(b)
All vehicles will be registered as tow trucks in the State of
New Jersey.
(c)
No vehicle may be listed on more than one application, nor can
there be a transfer of vehicles between towers or multiple leasing
of the same piece of equipment.
c.
Minimum personnel requirements; availability and response time.
1.
Official towers shall have available, at all times, a minimum of
two persons to provide the services required by this section. All
persons employed by official towers to provide the services required
by this section shall meet the following requirements and be subject
to the following regulations. They shall:
(a)
Be competent mechanics able to provide minimum road service
for disabled vehicles.
(b)
Have a valid driver's license having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(c)
Be mentally alert and present a neat appearance at all times;
at all scenes towers must wear bright yellow traffic vests.
(d)
Obey all traffic laws and regulations.
(e)
Be subject to inspection by the Police Department and shall
be approved by the Borough prior to rendering any services pursuant
to this section.
(f)
Not have been convicted of a crime; not have had their driving
privileges suspended or revoked within the past year.
(g)
Possess a C.D.L. license for over 26,001 pounds.
2.
Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services or removal of abandoned or crash vehicles.
3.
A towing operator shall not permit a vehicle to be removed from the
site of a vehicular crash, the scene of a crime or any other instance
or situation without the prior approval and permission of a police
officer at the scene.
d.
Minimum storage requirements.
1.
Every official tower shall maintain an outside secured storage area
meeting the following requirements:
(a)
The storage area shall be at lease 6,000 square feet dedicated
for each company and capable of storing a minimum of 10 passenger
vehicles and one tractor and trailer. The area shall have additional
storage of at least 800 square feet of storage facilities to hold
and protect police hold vehicles.
(b)
The location of the towing facility and storage area shall be
within a one-mile radius from any borderline of the Borough of Ramsey.
The current towing facility and storage area for tow companies on
the 2010 approved list are exempt from this subsection. This location
is established to ensure reasonable response and towing distances.
(c)
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six feet, with at least one lockable gate for
ingress and egress and shall be lighted from dusk to dawn.
(d)
The storage area shall be in an area legally zoned for such
use and the applicant shall present with the initial application the
proof of certificate of occupancy or nonconforming use. The storage
area shall have video surveillance. Each tow vehicle must be stored
at the official tower's licensed site.
(e)
The storage facility shall be available 24 hours a day, 365
days per year and shall be open to the public Monday through Friday
8:30 a.m. to 5:00 p.m. and Saturdays 9:00 a.m. to 3:00 p.m. The applicant
is not required to be open on Sundays or holidays. If the owner of
the vehicle requests that the vehicle be released after hours, there
will be a fee of $60 for after-hours release.
(f)
The official tower shall have an employee on duty during all
hours in which the storage facility is open.
(g)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(h)
The official tower shall be responsible for ensuring the proper
and safe storage of all vehicles towed pursuant to this section. The
official tower shall be liable for any damage incurred by such vehicles
while in transit to or while stored in the storage area.
(i)
No storage of any disabled vehicle or damaged vehicle shall
be located on any public street or sidewalk.
(j)
No additional fees or charges will result for moving a vehicle
from one location to another for the purposes of storage.
a.
Official towers shall be placed on the official towers list at the
beginning of each two-year period in accordance with the procedures
as set forth in this section. The official towers shall rotate on
the list for one week at a time or for such period as designated by
the Chief of Police. The one-week rotation shall commence at 12:00
a.m. Wednesday and terminate at 11:59 p.m. the following Tuesday.
b.
The Borough shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tow vehicle is available or if, in the discretion of
the Borough official making the request, the response time is insufficient
under the circumstances to properly protect the public health, safety
or welfare, the next official tower on the list shall be called for
that particular towing event. For the purposes of this section, any
response time greater than 20 minutes is insufficient for all police
service requests.
c.
All requests for service shall be made by the Police Department.
d.
The Police Department shall request service only from official towers;
provided, however, that if no emergency or imminent road hazard exists,
the Police Department shall request such service from such other person
as the owner of the motor vehicle in need of such services may request;
and provided further that, if none of the official towers are available
or able to provide such services as are requested by the Police Department,
or if an emergency exists, the Police Department may request such
services from any other available source.
e.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Borough over any other requests that may be received by the official
towers.
The applicant shall agree in writing to assume the defense of
and indemnify and hold harmless the Borough, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims, fees, costs, expenses, fines or penalties
to which the Borough may be subjected of any kind and nature whatsoever
resulting from, caused by, arising out of or as a consequence of the
provisions of towing, wrecking, storage and/or emergency services
provided at the request of the Borough pursuant to this section. Official
towers shall enter into a hold harmless agreement in a form to be
prepared by the Borough Attorney prior to being included on the official
towers list.
The tower shall maintain during the life of its license, insurance
policies of the type and with the minimum limits indicated below and
in a form satisfactory to the Borough. The tower shall provide a certified
copy of the policies and/or certificates of insurance satisfactory
to the Borough with initial application. All policies and/or certificates
shall be submitted to the Borough risk management consultant for review
and approval.
a.
Garage liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence including premises operations and products/completed
operations.
b.
Automobile liability insurance; general property damage and liability
insurance.
c.
Garagekeeper's insurance. Physical damage insurance policies shall
be specifically endorsed to provide direct primary insurance, where
applicable, for vehicles in tow, possession of, or storage on property
owned or controlled by the tower. Limit of said coverage shall be
not less than $100,000.
d.
Excess umbrella insurance. Limit of liability shall be not less than
$1,000,000 providing protection in excess of the $1,000,000 garage,
auto liability coverage and general property damage and liability
coverage.
e.
On all liability policies, the Borough shall be added as an additional
insured, and insurance policies and/or certificates shall indicate
such coverage as primary coverage notwithstanding any insurance carried
by the Borough.
f.
Workers' compensation insurance: New Jersey statutory coverage, including
employer's liability coverage.
g.
The tower shall indemnify the Borough and the public against any
loss due to injuries, accident or damages of any character whatsoever
where any such damage is the result of an act or omission of the tower,
his agents or employees in or due to the execution of the work called
for under the contract.
h.
Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Borough of Ramsey shall be furnished forthwith.
Each such policy or certificate shall contain a provision that it
is not subject to material change, cancellation or nonrenewal unless
30 days' prior written notice via certified mail/return receipt shall
have been given to the Borough of Ramsey by the tower's insurer. These
must be received 30 days prior to commencement of work.
i.
The providing of any insurance required herein does not relieve the
tower of any of the responsibilities or obligations assumed by the
tower for which the tower may be liable by law or otherwise.
j.
If any policies contain deductible or co-payments, it shall be the
responsibility of the tower to pay such sums at the same time a claim
is settled by the tower's insurance company.
k.
If any policies contain limits of liability with an aggregate limit,
the tower or tower's insurance company shall provide the Borough quarterly
during the policy period a statement evidencing the limits of liability
required under the contract to be in force.
l.
Policies of insurance required by this section shall be maintained
in full force and effect at all times. In the event that any coverage
is cancelled, terminated or coverage decreased in amount, same shall
constitute a material breach of the license and the tower shall be
immediately removed from the official towers list until such time
as required coverage is reinstated.
m.
All policies shall be written by either a company licensed to do
business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating A-VII (A minus seven). They
shall be written on an ISO (Insurance Services Office) form or better.
[5-25-2022 by Ord. No. 05-2022]
a.
Fees for towing and storage of private passenger vehicles, damaged
in an accident or recovered after being stolen, may not exceed the
fees established by the New Jersey Department of Insurance pursuant
to N.J.S.A. 17:33B-47.
b.
The following is a fee schedule for basic automobile, motorcycles
and motorized bike towing services and heavy-duty recovery.
4.
Recovery/winching (in addition to towing-per truck including driver).
(a)
Light duty up to 10,000 pounds: $200 per hour charged in 1/2
hour increments of $100 per 1/2 hour.
(b)
Medium duty 10,001 to 16,000 pounds: $360 per hour charged in
1/2 hour increments of $180 per 1/2 hour.
(c)
Heavy duty 16,001 and above: $625 per hour.
(d)
Basic winching of passenger vehicles due to flat tire or unable
to roll billed at $100.
6.
Storage-per calendar day (inside rates two times outside rate).
(a)
Cars/light trucks 10 feet by 20 feet space: $65 per day.
(b)
Trucks (dual wheels)/single axle: $100 per day.
(c)
Tractor/dump truck/trailers: $150 per unit per day.
(d)
Tractor and trailer combo: $250 per day.
(e)
Buses: $150 per day.
(f)
Roll-off: $150 per day for each.
(g)
Cargo/accident debris/load storage/vehicle components 10 feet
by 20 feet space: $55 per space used per day.
(h)
Rental of any tow company supplied trailer post incident $500
per day.
7.
Additional services/notes.
(a)
Fuel/Haz-Mat/cargo spills cleanup and disposal: Time and material.
(b)
Haz-Mat and trash recovery: Surcharged 10%.
(c)
Subcontractor mark-up: $10%.
(d)
Administrative charge only after third visit to vehicle: Cars
only $50.
(e)
Administrative charge: Medium/heavy truck $200.
(f)
After hours release: $75.
(g)
Notification documentation fee: $50.
(h)
Tarping/wrapping vehicle: $100 per car, $260 per truck.
(i)
Fuel surcharge: Reserved for future need.
e.
Rates for vehicle recovery and winching:
f.
Additional services:
1.
Axle/driveshaft removal: $45.
2.
Hookup Air: $25.
4.
Waiting time: $100 per hour to be charged in fifteen-minute increments
with a fifteen-minute minimum, beginning after the first 30 minutes
on scene.
5.
Clean-up fees:
(a)
Speedy dry: The use of Speedy Dry or other agent shall be charged
at the rate of $25 per fifty-pound bag after the first bag. The first
bag is included in the initial towing cost.
6.
Extra personnel: $50 per hour per man.
7.
Level 3 recovery supervisor: $90 per hour.
g.
Heavy-vehicle recovery (Over 16,000 pounds):
1.
To provide heavy-vehicle recovery, the Borough of Ramsey requires
that the licensee have on scene a recovery supervisor with Level 3
certification from the Towing and Recovery Association of America
(TRAA) or another nationally recognized certification. The certificate
is to be included with the initial application.
2.
To perform heavy-vehicle recovery under this section, the licensee
must:
(a)
Visually document the recovery scene through photos or videotape.
(b)
Prepare a written report of all procedures employed, actions
taken, equipment used and manpower requirements to complete the recovery
process in the safest manner and provide a copy to the vehicle owner
with the statement of services.
(c)
Prepare an itemized billing invoice for all services rendered.
3.
If the licensee finds it necessary, due to the manner of the recovery
to contract additional recovery service to supplement its equipment
and manpower recovery, the contracted service providers must work
under the supervision of the licensee. The licensee may not subcontract
the entire recovery. In the event that a heavy-duty operator is unable
to handle the recovery, then the next heavy-duty wrecker on the rotating
list shall be called.
h.
The fees set forth in this section do not apply to vehicles owned
and/or operated by the Borough of Ramsey or any of its agencies. The
towing of and special recovery services provided to any of the Borough's
vehicles will be provided free of charge by the official tower.
a.
Copies of this section and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Borough Municipal Building. Copies shall also
be made available to the public at each official tower's place of
business.
b.
All official towers shall post, in a prominent place at each storage
area, clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this section.
c.
The Borough reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
d.
The relationship between an official tower and the Borough is one
of an independent contractor. Neither party shall be construed in
any manner whatsoever to be an employee of the other, nor shall any
employee or agent furnished by any party be construed to be an employee
or agent of the other party. Inclusion on the official towers list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
e.
The municipality shall not be liable or responsible for compensating
the official towers for any of the services performed under this section
unless those services are performed for the Borough vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle,
and the official tower shall proceed directly against the owner.
f.
The official tower shall, at all times, be solely responsible for
the conduct of its employees. No licensee shall discriminate as to
hiring or employment practices. Licensees shall be required to sign
a nondiscrimination statement.
g.
Each tower shall keep and maintain adequate and complete records
showing all vehicles towed stored and released, all services rendered
and all fees charged and collected. All records shall be available
for inspection by the Borough at any time during normal business hours.
Records shall be kept and maintained by the official tower at one
central location and shall be retained for a period of seven years.
Records may be written, printed or computerized as long as the requirements
of this paragraph are met.
h.
The official tower shall comply with all state and federal laws and
regulations concerning wages, hours and terms of employment.
i.
Credit cards. All official towers must accept credit card or cash
as payment for all towing and storage services referenced in this
section.
a.
In the event a complaint is received by the Borough of Ramsey involving
the improper or unsatisfactory performance of services by an official
tower, in violation of this section, excessive charges or damage to
a motor vehicle while in custody of the tower, written notice of same
shall be provided by the Chief of Police to the official tower involved.
The tower shall have the opportunity to respond in writing within
seven days.
b.
Within 14 days of receipt of the tower's response, or within 21 days
of receipt of the complaint, if no response is received, the matter
shall be presented by the Chief of Police to the Mayor and Council.
c.
The Mayor and Council shall, thereafter, consider the matter at the
regular public meeting and may request that the complainant and the
tower involved appear and give testimony regarding the complaint.
d.
Decision.
1.
After considering the matter and the evidence presented, the Mayor
and Council shall make certain findings and conclusions relative to
the complaint which shall constitute their decision.
2.
If the Council finds in favor of the complainant and against the
official tower, the Council may consider and impose the following
penalties:
3.
In considering the imposition of a suspension, revocation or other
penalty, the Council shall take into account factors including, but
not limited to, any prior violations of the tower, the nature and
seriousness of the complaint, the danger to the health, safety and
welfare of the public.
e.
Failure to surrender the license upon revocation shall constitute
a violation of this section.
f.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
a.
Any person who shall violate any of the provisions of this section
shall, upon conviction, be punished by a fine not to exceed $1,000;
and each violation of any of the provisions of this section and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
b.
In addition to the fine provided above, a violation of any of the
provisions of this section shall be cause for suspension or revocation
of the official tower's license.
c.
The Borough Police Department or any member thereof is hereby declared
to be the enforcement agency of this section in accordance with due
process of law.
[Adopted 10-26-2011 by Ord. No. 22-2011]
[Amended 3-14-2012 by Ord. No. 04-2012; 6-27-2012 by Ord. No.
11-2012]
a.
No person shall own and/or operate a massage establishment in the
Borough of Ramsey, Bergen County, New Jersey, without first having
obtained a license from the Borough Clerk on advice and consent of
the Chief of Police to do so. The license, when issued, shall not
be construed to grant a certificate of occupancy or approval for the
use of any premises or location.
b.
No person shall be engaged or employed in the Borough of Ramsey,
Bergen County, New Jersey, as a massage practitioner for which any
form of compensation is charged or accepted without first having obtained
a license from the Borough Clerk on advice and consent of the Chief
of Police to do so. The license, when issued, is personal and shall
not be construed to grant a certificate of occupancy for the use of
any premises or location.
As used in this section, the following terms shall have the
meaning indicated:
Any person other than a massage practitioner who renders
any service in connection with the operation of a massage business
and receives compensation from the operator of the business or patrons.
Person(s) who provides municipal sanitarian/health services.
The operator of a massage establishment.
Any method of pressure on or friction against, stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands, feet or with the
aid of any mechanical or electrical apparatus or appliance, with or
without such supplementary aids as rubbing alcohol, liniments, antiseptics,
oil, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
Any establishment having a fixed place of business where
any person, firm, association or corporation engages in, carries on
or permits to be engaged in or carried on any of the activities mentioned
in the definition of "massage."
An individual who has taken courses in massage therapy and
has received a diploma or certificate of completion in the area of
massage therapy from an educational institution offering degrees and/or
certifications in massage therapy and approved or accredited by the
State Department of Education within this state or an equivalent governing
body within this state; an individual who is a member of a national
association or certification board and meets all requirements as outlined
by the Board of Nursing, State of New Jersey.
Any person who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
other consideration therefor.
Any individual, copartnership, firm, owner, association,
joint-stock company, corporation or combination of individual of whatever
form or character.
[Amended 3-14-2012 by Ord. No. 04-2012]
Genitals, anus or perineum of any person or the breasts or
vulva of a female.
[Amended 3-14-2012 by Ord. No. 04-2012]
a.
Massage establishment. No license shall be issued to any person, as defined in Subsection 4-14.2 above:
1.
Under 18 years of age.
3.
Unless the applicant accurately and correctly completes a comprehensive
written application, in a form to be provided by the Police Department,
which application, among other things, requires a detailed description
of the applicant, to include photographing and fingerprinting.
[Amended 8-28-2013 by Ord. No. 10-2013]
4.
Unless a license fee of $100 per massage establishment is received;
except however that the license fee for a single owner/practitioner
with no employees shall be $25. An initial fee will be imposed for
fingerprinting.
[Amended 9-14-2012 by Ord. No. 18-2012]
5.
Unless the massage establishment is in compliance with the standards
and applicable laws pertaining to massage therapy as required by the
New Jersey Board of Nursing.
6.
Unless documentary proof of liability insurance is submitted.
b.
Massage practitioner. No license shall be issued to any "person," as defined in Subsection 4-14.2 above:
1.
Under 18 years of age.
3.
Unless documentary proof is submitted to the Chief of Police establishing
the applicant's satisfactory completion of a minimum of 500 hours
study of massage anatomy or physiology.
4.
Unless that person is in compliance with the standards and applicable
laws pertaining to massage therapy as regulated by the New Jersey
Board of Nursing.
5.
Unless that person is a member of a nationally recognized massage
therapy association.
6.
Unless the applicant accurately and correctly completes a comprehensive
written application, in a form to be provided by the Police Department,
which application, among other things, requires a detailed description
of the applicant, to include photographing and prior employment of
the last five years, to include addresses and points of contact.
[Amended 8-28-2013 by Ord. No. 10-2013]
7.
Unless a license fee of $25 is received.
8.
A copy of the New Jersey State massage license (note that a "pending"
status will be allowed to practice massage).
[Amended 8-28-2013 by Ord. No. 10-2013]
[Amended 3-14-2012 by Ord. No. 04-2012]
The massage establishment license as well as the license of
every massage practitioner shall be maintained at the massage establishment
and shall be available for inspection.
[Amended 3-14-2012 by Ord. No. 04-2012; 9-14-2012 by Ord. No.
18-2012; 8-28-2013 by Ord. No. 10-2013]
a.
Massage establishment. Every massage establishment license issued
pursuant to this section shall expire at the end of two years or unless
sooner suspended or revoked and may be renewed upon compliance with
the licensure requirements above, except that the renewal fee shall
be $50. The renewal fee for a single owner/practitioner with no employees
shall be $10.
b.
Massage practitioner. Every massage establishment license issued
pursuant to this section shall expire at the end of two years or unless
sooner suspended or revoked and may be renewed upon compliance with
the licensure requirements above, except that the renewal fee shall
be $10.
a.
Every portion of the massage establishment, including appliances
and apparatus, shall be kept clean and operated in a sanitary condition.
c.
All employees, including massage practitioners, shall be clean and
wear clean, nontransparent outer garments, covering the sexual and
genital areas.
d.
All massage establishments shall provide clean, laundered sheets
and towels in sufficient quantity which shall be laundered after each
use thereof and stored in a sanitary manner.
e.
The sexual or genital area of patrons must be covered by towels or
cloths when in the presence of an employee or massage therapist.
[Amended 3-14-2012 by Ord. No. 04-2012]
f.
It shall be unlawful for any person, knowingly, in a massage establishment,
to place his or her hand upon, to touch with any part of his or her
body or to fondle in any manner a sexual or genital area of any other
person.
g.
No massage therapist, employee or operator shall perform, offer or
agree to perform any act that would require the touching of the patron's
genital area.
h.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat rooms, steam or
vapor rooms, or steam or vapor cabinets, shower compartments and toilet
rooms shall be thoroughly cleaned each day the business is in operation.
Bathtubs and showers shall be thoroughly cleaned each day.
[Amended 3-14-2012 by Ord. No. 04-2012]
a.
The conviction of any applicant, licensee or massage practitioner
of any sexually related offense related to the massage establishment
may constitute forfeiture of the license of the massage establishment
and massage practitioner, and said license may be deemed revoked.
b.
Any establishment employing the use of any massage practitioners
not possessing a New Jersey State and Ramsey Borough license shall
constitute a forfeiture of the license of the massage establishment,
and said license shall be deemed revoked.
[Amended 8-28-2013 by Ord. No. 10-2013]
c.
Any other violation of this section shall constitute a forfeiture
of the license of the massage establishment and massage practitioner,
and said license shall be deemed revoked.
d.
Any establishment or practitioner having his or her license revoked
must fully reapply and be approved for the issuance of a new license.
[Amended 6-27-2012 by Ord. No. 11-2012]
e.
Any establishment becoming aware of any agreed upon and/or performance
of any sexually related act involving a practitioner(s) and patron
inside the establishment, shall terminate said practitioner(s). Immediate
notification shall be made to the Ramsey Police Department specifying
the date, time, and practitioner(s) involved. Compliance with this
paragraph shall not constitute a forfeiture of the license of the
massage establishment.
[Amended 3-14-2012 by Ord. No. 04-2012; 8-28-2013 by Ord. No.
10-2013]
a.
For a violation of any of the provisions of this section, an offender
shall be liable to a penalty of not more than $500 for a first offense,
$750 for a second offense and $1,000 for a third and subsequent offense.
b.
In addition to the fines as set forth in Paragraph a above, any violation
by the licensee of any of the provisions of this section shall be
grounds for immediate revocation of a Borough-issued license.
c.
A Borough-issued license may be revoked by the Borough Police Chief
or Borough Administrator by reason of the violation of the terms of
the subject ordinance.
[Added 8-28-2013 by Ord. No. 10-2013]
Any person aggrieved by the action of the Chief of Police or
Borough Administrator in the denial or revocation of a Borough-issued
license as provided in this section shall have the right of appeal
to the Mayor and Council. The licensed person or applicant must be
granted a hearing by the Borough Council or its designee. Such appeal
shall be taken by filing with the Council, within 14 days after notice
of the action complained of has been mailed to the person's last known
address, a written statement setting forth fully the grounds for the
appeal. The Council or its designee shall set a time and place for
hearing of such appeal, and notice of such hearing shall be given
to the appellant. The decision and order of the Council or its designee
on such appeal shall be final and conclusive.
[Amended 3-14-2012 by Ord. No. 04-2012; 8-28-2013 by Ord. No.
10-2013]
The business operation is subject to unannounced Department
of Health and Police Department visits to insure the protection of
the citizens.
[Adopted 6-22-2016 by Ord. No. 13-2016]
As used in this section, the following terms shall have the
meanings indicated:
Any person who is licensed to engage in any of the practices
encompassed in barbering.
Any one or combination of the following practices when done
on the human body for cosmetic purposes and not for the treatment
of disease or physical or mental ailments and when done for payment
either directly or indirectly or when done without payment for the
general public:
Shaving or trimming of the beard, mustache or other facial hair;
Shampooing, cutting, arranging, relaxing or styling of the hair;
Singeing or dyeing of the hair;
Applying cosmetic preparation, antiseptics, tonics, lotions
or creams to the hair, scalp, face or neck;
Massaging, cleansing or stimulating the face, neck or scalp
with or without cosmetic preparations, either by hand, mechanical
or electrical appliances; or
Cutting, fitting, coloring or styling of hairpieces or wigs,
to the extent that the services are performed while the wig is being
worn by the person.
Any establishment engaged in the practice of barbering for
the public.
Any person designated by the Health Officer to act for him/her
in the performance of his/her duties.
An Environmental Protection Agency (EPA) or New Jersey Department
of Environmental Protection registered product with demonstrated bactericidal,
virucidal and fungicidal activity used in accordance with manufacturer's
instruction.
Any person who is licensed to engage in the practices encompassed
in cosmetology and hairstyling.
Any one or combination of the practices as outlined in N.J.S.A.
45:5B-3(j) when done on the human body for cosmetic purposes and not
for the treatment of disease or physical or mental ailments and when
done for payment either directly or indirectly or when done without
payment for the general public.
Any establishment engaged in the practice of hairdressing,
cosmetology, or barbering for the public.
The Health Officer of the Borough of Ramsey or his/her duly
authorized representative.
Any establishment engaged in the practice of cutting, shaping,
polishing or enhancing the appearance of the nails of the hands or
feet, including but not limited to the application and removal of
sculptured or artificial nails.
A person who, for compensation, cuts, shapes, polishes or
enhances the appearance of the nails of the hands or feet, including
but not limited to the application and removal of sculptured or artificial
nails.
A person who owns, leases, or manages a shop/salon, or any
licensed person performing barbering, hairdressing, cosmetology, manicuring
or waxing.
A person who owns a shop/salon establishment and is responsible
for upholding the regulations of this section in all areas of the
establishment.
An individual, firm, partnership, company, corporation, trustee,
association or any public or private entity.
The individual present in a barbershop or hairdressing and/or
cosmetology salon/shop or nail salon/shop that is the apparent supervisor
of the barbershop or hairdressing and/or cosmetology shop/salon or
nail salon/shop at the time of inspection. If no individual claims
to be a supervisor, then any employee present is deemed to be the
person in charge for the purposes of this section.
Safe and clean shop/salon conditions that prevent the spread
of communicable diseases and protect the public's health and welfare.
The temporary removal of superfluous hair from the hair follicle
on any area of the human body through the use of a physical (wax)
depilatory or by tweezing.
A chair, countertop and floor space set aside for the purpose
of serving a customer, including floor space for the operator to stand
while serving the customer.
A separate room with more than one work station, or a private
room set aside to serve one customer at a time.
a.
License required.
1.
No person shall operate any barbershop, hairdressing, cosmetology
salon/shop or nail salon/shop without having a valid license issued
by the Board of Health. Only a person who complies with the requirements
of this section shall be entitled to receive or retain such a license.
2.
Every barbershop, hairdressing, cosmetology salon/shop or nail salon/shop
must comply with local planning and zoning regulations and all other
applicable ordinances before being issued a license.
3.
Applications for a license shall be made on forms furnished by the
Health Officer. All licenses are valid for one year or a portion thereof
and expire December 31 of each year.
4.
No license shall be issued or renewed until a completed application
has been submitted, the license fee has been paid and the applicant's
barbershop or hairdressing and/or cosmetology salon/shop or nail salon/shop
meets the requirements set forth in this section and all other applicable
state and local regulations.
5.
Licenses shall not be transferable from person to person or from
location to location. Any planned change in ownership of a facility
must be reported promptly to the Board of Health and such changes
must be approved by the Board of Health prior to the issuance of an
operating license.
6.
Licenses must be displayed in a prominent location within the establishment
where patrons can observe it.
7.
All applications for the renewal of licenses and the fees thereof
that are not received by February 1 of the year following that during
which the current license expires shall be subject to a late fee as
per the prevailing Board of Health fees ordinance.
b.
Annual inspections.
1.
The Health Officer shall promulgate such rules and procedures as
are necessary to ensure compliance with this section.
2.
At least once a year, the Health Officer or his/her designee shall
inspect each barbershop, hairdressing and/or cosmetology shop/salon
and nail salon/shop and shall make as many additional inspections
as are necessary for the enforcement of this section.
3.
The Health Officer or his/her designee, after proper identification,
shall be permitted to enter, during normal operating hours, any portion
of any barbershop or hairdressing and/or cosmetology shop/salon or
nail salon/shop for the purpose of making inspections to determine
compliance with this section.
4.
In the event that the Health Officer or his/her designee finds unsanitary
conditions in the operation of a barbershop or hairdressing and/or
cosmetology shop/salon or nail salon/shop, or if a violation or multiple
violations occur, the Health Officer or his/her designee may immediately
issue a written notice to the license holder, or person in charge,
citing such conditions, specifying the corrective action to be taken
and time frame within which such action shall be taken. If corrective
action is not made in the allotted time, the licensee may be fined
or his or her license suspended.
c.
Expiration date. Licenses shall expire December 31 of each calendar
year.
a.
General cleanliness. Each salon/shop shall be maintained to provide
a safe and sanitary environment. All facilities shall be kept clean,
sanitary and in good repair.
b.
Disinfection of reusable equipment:
1.
After each use on a patron, any tool or part thereof which comes
into contact with the head, face or neck of the patron, such as razors,
scissors, tweezers, combs and vibrating trimmers, shall be thoroughly
cleaned and disinfected.
2.
After each use on a patron, all electrical and nonelectrical instruments
shall be thoroughly cleaned to remove foreign matter, treated with
an approved disinfectant and stored in a protected manner until next
use.
3.
Disinfectants shall be changed in accordance with the manufacturer's
instructions to ensure complete disinfection. No sediment from the
item being disinfected shall be allowed to remain in the bottom of
the disinfection container.
c.
Disposable and single-use equipment:
1.
Disposable or single-use articles shall be disposed of in a waste
receptacle after use on each patron unless stored in a separate closed
clean container labeled with the patron's name and used only on that
patron.
2.
All disposable or single-use articles that come into contact with
blood and/or body fluids shall be enclosed in sealed plastic bags
prior to being placed in the waste receptacle.
3.
All sharp or pointed articles shall be disposed of in a punctureproof
container.
d.
Sanitation of foot spas and water baths:
1.
An antimicrobial additive shall be placed in each foot spa or waterbath
during use.
2.
After each patron, the shop/salon shall drain all water and debris,
properly disinfect and dry the foot spa or waterbath.
3.
At the end of the day, the shop/salon shall remove and immerse any
filter in disinfectant and flush the foot spa or water bath with low-sudsing
soap and water, and then disinfect and air dry the foot spa or water
bath.
f.
Cosmetics:
1.
When only a portion of a cream, liquid, powder or other cosmetic
preparation is to be removed from the container, it shall be removed
in such a way as not to contaminate the remaining portion.
2.
Multi-use of cosmetic applicators is prohibited. This includes the
use of lipsticks, powder puffs, makeup brushes and sponges which are
not disposable.
3.
Lotions and powders shall be dispensed from a sanitary self-dispensing
container.
g.
Operators:
1.
Operators shall thoroughly wash their hands with soap and water immediately
after using the toilet, eating or smoking. Before serving each customer,
operators shall thoroughly wash their hands with soap or hand sanitizer.
2.
All operators shall have an exclusion policy for people with a communicable
disease that may be transmitted through the services of a barber,
hairdresser, cosmetologist, or nail technician.
3.
No individual shall perform procedures requiring licensure by the
New Jersey State Board of Cosmetology without possessing such a valid
license.
4.
No individual shall perform procedures requiring licensure by the
New Jersey State Board of Cosmetology without having such a license
visible and present at all times.
i.
Toilet and sink facilities:
1.
Each shop/salon shall provide adequate toilet and handwashing facilities
for patrons and employees.
2.
Toilet and handwashing facilities shall be in working condition at
all times, and kept clean and sanitary.
3.
Each handwashing sink shall have a soap dispenser and disposable
towels or an air dryer for hand drying.
4.
Handwashing signs stating "All employees must wash their hands before
returning to work" or words of similar meaning shall be posted conspicuously
in all toilet rooms and at each separate lavatory facility in the
establishment.
j.
Lighting and ventilation:
1.
Lighting shall be sufficient to provide adequate illumination in
the work area.
2.
The shop/salon shall be properly and adequately ventilated to remove
excess heat, vapors, and odors.
3.
Windows and doors shall be effectively screened against insects,
rodents and other vermin. Insect and vermin entry must be otherwise
precluded at all times.
a.
In addition to meeting the requirements of N.J.A.C. 13:28-2.5(a),
(a)1, (b), and (c), all manicuring shops shall contain the following:
1.
At least one sink in the work area with hot and cold running water.
2.
A designated area for cleaning and disinfecting implements and tools.
3.
One ultrasonic unit for cleaning metal implements and tools.
4.
A clean, closed receptacle for storage of sanitized implements and
tools at each work station.
5.
A closed container for linens.
6.
A closed container for soiled linens.
7.
A closed waste container at each work station.
8.
A dispensary or place where supplies are prepared and dispensed.
9.
Such other equipment as is necessary to provide those services offered
by the shop in a safe and sanitary manner.
b.
All licensed manicuring shops shall display the following notice
in a location clearly visible to all patrons:
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NOTICE
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This shop and the operators herein are licensed to engage in
the practice of manicuring and pedicuring and temporary removal of
hair by the State Board of Cosmetology and Hairstyling, an agency
of the New Jersey Division of Consumer Affairs. Any member of the
consuming public having a complaint concerning the manner in which
this practice is conducted may notify the State Board of Cosmetology
and Hairstyling or the New Jersey Division of Consumer Affairs, PO
Box 45003, Newark, New Jersey 07101.
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a.
Failure to comply with the provisions of this section and applicable
state regulations shall be grounds for suspension of any license issued
under the provisions of this section.
b.
The Health Officer may suspend, without warning, prior notice or
hearing, any license to operate a barbershop or hairdressing and/or
cosmetology shop/salon or nail salon/shop if the operation constitutes
an imminent hazard to public health, including, but not limited to,
any one of the following:
1.
There is an outbreak of an infectious, pathogenic or toxic agent
capable of being transmitted to consumers.
2.
There is an absence of potable water, supplied under pressure, in
a quantity which, in the opinion of the Health Officer, is capable
of meeting the needs of the facility.
3.
There is a sewage backup into the facility.
4.
An unlicensed individual is performing procedures requiring licensure
by the New Jersey Board of Cosmetology.
a.
Submission of plans. Whenever a barbershop, beauty parlor, nail salon
or other similar personal grooming establishment is constructed or
renovated, and whenever a structure is converted for such use or alterations
are made that will significantly change the nature of the operation,
plans and specifications pertaining to the health and sanitary aspects
of the operation shall be submitted to the health authority for review
and approval before construction, renovations or conversion is begun.
The health authority shall review these plans and respond accordingly
within 30 days of the date of submission. No barbershop, beauty parlor,
nail salon or similar establishment shall be constructed, renovated
or converted except in accordance with plans and specifications previously
submitted to and approved by the appropriate health and construction
authorities.
b.
Preoperations inspection. Whenever plans and specifications are required
to be submitted to the regulatory authority, the regulatory authority
shall inspect the establishment prior to the start of operations to
determine compliance with the requirements of this section.
a.
The annual fee for licenses of the public establishments regulated
herein are fixed as follows:
b.
License fees shall be paid to the Board of Health. The license fee
under this section for the year in which this section takes effect
shall be paid on or before 30 days from the effective date of this
section and the license so issued in that first year shall expire
on December 31 of the year that it becomes effective. Thereafter,
all license fees shall be paid on or before February 1 or late fees
will be added.
a.
For any violation of any provision of this section, the following
shall apply:
1.
For any violation of any provision of this section, the Health Officer
or his/her designee or any other law enforcement officer shall issue
a summons and complaint, in usual form, returnable in the Municipal
Court of the Borough of Ramsey or such other court as may be permitted
by law.
2.
Upon conviction, any person who violates any provision of this section
shall be subject to a fine of not less than $50 nor more than $1,000
for the first offense, and a fine of not less than $50 nor more than
$1,000 and imprisonment for 90 days for the second and subsequent
offenses, or the maximum penalties otherwise permitted by law.
b.
Each day (consisting of a twenty-four-hour period beginning at 12:01
a.m.) during which a continuing violation of this section subsists
shall constitute a separate violation and shall incur the penalties
set forth herein, at the discretion of the Health Officer or his/her
designee.
[Adopted 5-10-2017 by Ord. No. 05-2017]
As used in this section, the following terms shall have the
meanings indicated:
Includes any substance used or intended to be used as food
or drink for human consumption.
Any person who is engaged in or employed in preparing and
processing food for sale intended for human consumption, whether for
immediate on-premises or off-premises consumption, and who handles
or comes in personal contact with such food.
Any person charged with the responsibility of overseeing
the operations of the kitchen, including the supervision of employees
engaged in the preparing, processing and sale of food or drink intended
for human consumption, be it for on- or off-premises consumption.
This does not include the manager of establishment who should already
have a food manager's certificate.
a.
No food establishment shall be open for business in the preparing,
processing and sale of food or drink intended for human consumption
without having a person in charge on the premises who has a current
food handler's certificate.
b.
At least one person in charge on each shift shall have a current
food handler's certificate.
c.
The food handler's certificate shall not be issued or granted to
any person unless the person has first completed an approved course
of general instruction in health education, sanitation, personal hygiene,
food protection, dishwashing procedures and other related health matter.
a.
No establishment shall operate for more than 30 days without the
person in charge employed in that establishment submitting their food
handler's certificate to the Board of Health.
b.
No establishment shall operate for more than three months (90 days)
without the person in charge employed in that establishment completing
an approved course of instruction in food-handling techniques.
No person to whom a food handler's certificate is issued or
granted shall give, loan, transfer or permit the same to be used by
any other person, for any purpose whatsoever.
The provisions of this section shall be enforced by the Ramsey
Police Department and the Board of Health of the Borough of Ramsey.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.
[Adopted 3-28-2018 by Ord. No. 07-2018[1]]
The purpose of this section is to regulate the location and
operation of retail purveyors of tobacco and tobacco products, cannabis,
electronic vapor devices, electronic vapor inhalation substances,
hookahs, and electronic/vapor substance inhalation shops in the Borough
of Ramsey, Bergen County, New Jersey, in order to maintain the Borough's
character, the diversity and vitality of the community's commercial
areas, and the quality of life of Ramsey residents. It is presumed
that establishing or preserving an appropriate and balanced mix of
commercial business will more effectively serve to achieve this purpose
as a strategy to maintain the economic health of the Borough's business
districts and its suburban ambiance and will promote the redevelopment
of the Borough's downtown area.
a.
This section may be known and cited as "Tobacco Shops, Smoke Shops,
Cannabis Shops and Vapor Inhalation Shops Regulations."
b.
ADVERTISING
BOROUGH ADMINISTRATOR
BUSINESS
CANNABIS
CANNABIS RETAILER
CANNABIS SHOP
CREATION OF A TOBACCO OR SMOKE SHOP OR AN ELECTRONIC/VAPOR SUBSTANCE
INHALATION SHOP
1.
2.
3.
ELECTRONIC VAPOR DEVICE
ELECTRONIC/VAPOR INHALATION SUBSTANCE PRODUCTS
ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOPS
EMPLOYEE
HOOKAH
MINOR
NONPROFIT ENTITY
PERSON
PUBLIC PLAYGROUND/PARK/RECREATION AREA
SCHOOL
SELF-SERVICE MERCHANDISING
TOBACCO OR SMOKE SHOP
TOBACCO PRODUCT
1.
2.
TOBACCO RETAILER
TOBACCO VENDING MACHINE
TRANSFER OF OWNERSHIP OR CONTROL OF A TOBACCO OR SMOKE SHOP
OR AN ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOP
1.
2.
3.
ZONING CODE
Definitions. The words and terms used in this section shall have
the meanings as provided in this subsection. Where words or terms
are not defined in this subsection they shall have the meanings ordinarily
ascribed to them. Should any word, term or phrase defined in this
subsection conflict with any other word, term or phrase defined in
this section, the definitions provided in this subsection shall apply.
Media (printed, electronic or otherwise) that calls the public's
attention to things for sale.
The Borough Administrator of the Borough or the Borough Administrator's
designee.
Any sole proprietorship, joint venture, limited-liability
company, corporation or other business entity formed for profit-making
purposes, including retail establishments where goods or services
are sold, as well as professional corporations and other entities
where legal, medical, dental, engineering, architectural or other
professional services are delivered.
All parts of the plant Cannabis sativa linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin and/or oil extracted from any part of the plant; every compound,
manufacture, salt, derivative, mixture, concentrate, or preparation
of the plant, its seeds, or resin; and edible or topical products
containing any of the above.
Any person that operates a store, stand, booth, concession,
or other place at which sales, rentals, or other giveaways of cannabis
products are made to purchasers for consumption or use.
Any store, stand, booth, concession or other place which
sells, manufacturers, grows, rents or gives away cannabis or any product
containing cannabis or allows or permits the use or consumption of
cannabis or any product containing cannabis.
The opening or commencement of any such establishment as a new
establishment; or
The conversion of an existing establishment to a tobacco or
smoke shop establishment or an electronic/vapor substance inhalation
shop establishment as defined in this section; or
The relocation of any such establishment.
Any device with a heating element, a batter, or an electronic
circuit that provides nicotine or other vaporized liquids to the user
in a manner that simulates tobacco products, shisha, herbs, or any
other product that produces smoke.
Cartridges, cartomizers, e-liquid, smoke juice, tanks, tips,
atomizers, vaporizers, electronic smoking device batteries, electronic
smoking device chargers, and any other item specifically designed
for the preparation, charging, or use of electronic vapor devices.
Those businesses where customers can smoke or inhale vapor
from electronic/vapor inhalation substance products, commonly known
as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos,"
"e-pipes," e-hookahs," "electronic nicotine delivery systems," and
other similar devices.
Any person who is employed by an employer for consideration
for direct or indirect wages or profit, or is an independent contractor,
agent or consultant of an employer and any person who volunteers his
or her services for a nonprofit entity.
A pipe commonly, but not always, made of glass, used for
vaporizing and smoking tobacco, flavored tobacco, nonflavored tobacco,
shisha, dried fruits, cannabis or other substances in which vapor
or smoke is passed through a water basin before inhalation.
Any individual who is less than 21 years old.
Any corporation, unincorporated association or other entity
created for charitable, philanthropic, educational, character-building,
political, social, or other similar purpose, the net proceeds from
the operation of which are committed to the promotion of the objectives
or purposes of the entity and not to private gain. A public agency
is not a nonprofit entity within the meaning of this section.
Any individual, partnership, cooperative association, private
or public corporation, limited-liability company, personal representative,
receiver, trustee, assignee, or any other legal entity.
An area to which the public, and particularly minors, come
to participate in athletic or recreational activities, whether or
not such activities are supervised or organized. Such areas include,
but are not limited to, publicly owned and maintained parks, athletic
fields, playgrounds, picnic areas, any outdoor premises or grounds
owned or operated by the Borough, a public or private school, child-care
center, and any youth or recreational facilities that contain any
play or athletic equipment used or intended to be used by minors.
An institution of learning, whether public or private, preschool
or day-care services, kindergarten, elementary school, junior high
school, senior high school, or any special institution of learning,
a vocational or professional institution or an institution of higher
education, including a community or junior college, college, or university.
Open display of tobacco products and point-of-sale tobacco-related
promotional products that the public has access to without the intervention
of an employee.
Any store, stand, booth, concession, or other place that
either devotes a substantial portion of its display area (i.e., 15%
or more of floor space) to tobacco products or devotes more than 16
cubic feet of shelf space for the display or sale of tobacco or drug
paraphernalia to purchasers for consumption or use. This definition
includes electronic vapor devices, electronic vapor inhalations substances
and hookahs.
Any product containing tobacco leaf including, but not limited
to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, bidis, or any other preparation of tobacco;
and
Any product or formulation of matter containing biologically
active amounts of nicotine that is manufactured, sold, offered for
sale, or otherwise distributed with the expectation that the product
or matter will be introduced into the human lungs or mouth in smoke
or vapor form, using any tobacco paraphernalia, but does not include
any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependence.
Any person or entity that operates a store, stand, booth,
concession, or other place at which sales, rentals, or other giveaways
of tobacco products, electronic vapor devices, electronic vapor inhalation
substances, and hookahs are made to purchasers for consumption or
use.
Any electronic or mechanical device or appliance the operation
of which depends upon the insertion of money, whether in coin or paper
currently, or other things representative of value, that dispenses
or releases a tobacco product.
The sale, lease or sublease of such establishment; or
The transfer of securities which constitute a controlling interest
in such establishment, whether by sale, exchange, merger or similar
means; or
The establishment of a trust, gift or other similar legal devise
which transfers ownership or control of such establishment, except
for transfer by bequest or other operation of law upon the death of
the person possessing such ownership or control.
Chapter 34 of the Borough Code of the Borough of Ramsey, Bergen County, New Jersey, as it may be amended from time to time.
No person shall cause or permit: i) the creation of a tobacco
or smoke shop or an electronic/vapor substance inhalation shop; ii)
any substantial enlargement of a tobacco or smoke shop or an electronic/vapor
substance inhalation shop; or iii) the transfer of ownership or control
of any tobacco or smoke shop or an electronic/vapor substance inhalation
shop without first obtaining and maintaining a conditional use permit
as provided in this section.
An application for a conditional use permit shall be approved
by the Planning Board upon a determination that all of the following
standards have been met.
a.
The tobacco or smoke shop, or electronic/vapor substance inhalation
shop, shall be located within a permitted zone. Tobacco or smoke shops,
or electronic/vapor substance inhalation shops may be located only
within the B-3 District. No such establishment shall be permitted
to locate in any area outside such zoning classifications.
b.
The tobacco or smoke shop, or electronic/vapor substance inhalation
shop, shall meet the following minimum spacing and proximity requirements:
1.
No tobacco or smoke shop, or electronic/vapor substance inhalation
shop, shall be located within one mile of any other such shop.
2.
No tobacco or smoke shop, or electronic/vapor substance inhalation
shop, shall be located within 1,000 feet of any parcel of land zoned
for residential use.
3.
No tobacco or smoke shop, or electronic/vapor substance inhalation
shop, shall be located within one mile of any parcel of land that
contains any one or more of the following specific land uses:
4.
No tobacco or smoke shop, or electronic/vapor substance inhalation
shop, located in a building sharing one or more common walls with
another retail or commercial establishment, or sharing common attic
space with any other use, shall permit smoking or use of any electronic
vapor device or hookah anywhere on the premises.
c.
The tobacco or smoke shop, or electronic/vapor substance inhalation
shop, shall be in substantial compliance with the requirements of
all health and safety codes, including, but not limited to, the building
code, fire code, electrical code, mechanical code and plumbing code.
Unless delay is caused by refusal of applicant to schedule or permit
timely inspection, substantial compliance shall be verified no later
than 30 days following the application or the applicant shall be deemed
to be in substantial compliance with such requirements for the purposes
of permit issuance.
d.
The tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall be in substantial compliance with the development standards for the commercial zone in which the establishment is to be located, and with the general provisions of Chapter 34 relating to development standards and of Chapter 34 relating to sign regulations, except that, to the extent that provisions of this section may conflict or be more restrictive, Chapter 34 shall control.
e.
The tobacco or smoke shop, or electronic/vapor substance inhalation
shop, meets the following minimum specific standards:
1.
No person or business shall engage in the sale of tobacco products,
hookahs, electronic vapor devices and/or electronic/vapor inhalation
substance products without first posting a plainly visible sign at
the point of purchase of tobacco products, hookahs, electronic vapor
devices and/or electronic vapor inhalation substance products that
has wording similar to:
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"THE SALE OF TOBACCO PRODUCTS, HOOKAHS, AND ELECTRONIC VAPOR
DEVICES AND PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED
BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED
OF PURCHASERS APPEARING TO BE 26 YEARS OF AGE AND YOUNGER."
|
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The letters of the sign shall be at least one-quarter inch high,
as set forth in the New Jersey Department of Health Tobacco Control
Regulations.
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2.
No person, business, tobacco retailer, or owner, manager, employee
or operator of any establishment subject to this section shall sell,
offer to sell or permit to be sold any tobacco or tobacco product,
electronic vapor devices, hookahs and/or electronic/vapor inhalation
substance products to an individual without requesting and examining
identification of customers appearing to be 26 years and younger for
the purpose of establishing the purchaser's age as 21 years or greater,
unless the seller has some other clear or convincing basis for determining
the buyer's age.
3.
No person, business, tobacco retailer or other establishment shall
sell or offer for sale cigarettes or other tobacco or smoking products
not in the original packaging provided by the manufacturer and with
all required health warnings.
4.
It shall be unlawful for any person, business or tobacco retailer
to sell, permit to be sold, offer for sale or display for sale any
tobacco product, electronic vapor devices and/or electronic/vapor
inhalation substance products by means of self-service merchandising
or by means other than vendor-assisted sales.
5.
No person, business or tobacco retailer shall locate, install, keep,
maintain, or use, or permit the location, installation, keeping, maintenance,
or use on his, her or its premises, any tobacco vending machine for
the purpose of selling or distributing any tobacco product.
6.
It shall be unlawful for any person, business or tobacco retailer
to distribute free tobacco products or promotional items, except in
enclosed areas where minors are not permitted.
7.
In addition to the standards in this section, each tobacco or smoke
shop, or electronic/vapor substance inhalation shop, shall comply
with each and every provision of this code.
Distance, without regard to intervening structures, shall be
a straight line measured from the closest exterior structural wall
of a tobacco or smoke shop or electronic/vapor substance inhalation
shop to the closest property line of a religious facility, courthouse,
day nursery, public playground/park/recreation area, school, residential
zone, vocational or professional institution, institution of higher
education, including community or junior college, college, university
or other tobacco shops or smoke shops.
a.
Cannabis shops and retailers.
a.
Any person, firm or corporation violating any of the provisions of this section may be charged with either an infraction or a misdemeanor and shall be subject to the provisions of the penalty clause as set forth in § 1-5 of this Code.
b.
Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which a violation of any subsection of this section is committed, continued or permitted by such person, and shall be punishable as provided for in § 1-5. Any use or occupation of any building or structure maintained contrary to the provisions of this section shall constitute a public nuisance.
This section shall not be interpreted or construed to permit
tobacco vending machines and distribution of tobacco product samples
where they are otherwise restricted by other applicable laws. Nor
shall this section be construed to be cause for breach of any preexisting
private contract, or cause for interference with regulations imposed
by state or federal law or related to interstate commerce.
[Adopted 4-24-2019 by Ord. No. 09-2019[1]]
[1]
Editor's Note: This ordinance superseded Ord. No. 05-2019, adopted 3-27-2019, which also adopted Permitting Charitable Organizations to Solicit Contributions for Charitable Purposes in the Right-Of-Way. This section was originally adopted as Section 4-15 but was renumbered to maintain the organizational structure of the Code.
Solicitation shall be subject to the specific terms and conditions of the permit granted by the Borough of Ramsey as set forth in Section 4-7. The Borough permit, as applicable, shall be in the possession of the solicitor during all times of solicitation and available for inspection by local, county and state law enforcement officers.
The following rules and regulations shall apply to charitable
organizations soliciting under the terms of this section:
a.
Charitable organizations shall solicit only for charitable purposes.
b.
Solicitations shall be permitted only at signalized intersections.
c.
Each person soliciting charitable contributions on behalf of a charitable
organization shall be at least 18 years old.
d.
Solicitation shall be off the traveled way.
e.
Solicitors shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease when traffic is moving. The use of flagmen is prohibited.
f.
Solicitation shall only be permitted during daylight hours. State,
county, local law enforcement officers or representatives of the Department
of Transportation may suspend solicitation operations at any time
if any condition of the permit is violated, or, if in the law enforcement
officer's or the Department's sole discretion, traffic is
being impeded or delayed or the public safety is at risk.
g.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol while soliciting.
h.
Solicitors shall not harass the public.
i.
All solicitors shall wear safety vests that are in accordance with
Department of Transportation standards.
j.
Parking of vehicles shall comply with applicable traffic regulations.
k.
Solicitors shall not install any traffic controls devices.
l.
Signs advertising the roadway solicitation are permitted, provided
the signs are of a temporary construction and breakaway to the extent
possible. Signs shall be a maximum of 16 square feet.
Signage shall be in accordance with the temporary signage standards
contained in the Manual of Uniform Traffic Control Devices, 1988,
or superseding issue.
At least two warning signs shall be placed as follows:
1.
"CHARITABLE SOLICITATIONS 500 FEET AHEAD."
2.
The second sign following shall identify the name of the charitable
organization.
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Signs shall not be permitted in the traveled way or in median
less than eight feet in width. All signs warning, noticing or advertising
a solicitation shall be removed immediately following the solicitation
event.
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m.
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way.
If the charitable solicitation is proposed at the intersection
of a state or county highway, the charitable organization must obtain
written approval from both the Department of Transportation and the
Bergen County Board of Chosen Freeholders.
If the charitable solicitation is proposed at the border of
Ramsey and any other municipality, the charitable organization must
obtain approval for the solicitation from the adjoining municipality.
A copy of the application form filed with the Department of
Transportation or the Bergen County Board of Chosen Freeholders shall
be filed with the Chief of Police and Borough Clerk, and shall specify
the location, date, duration and times of the proposed charitable
solicitation. One application form may cover multiple dates during
the same calendar year.
The Borough shall not be liable in any civil action for damages
for property damage or personal injury resulting from a motor vehicle
accident arising out of or in the course of a charitable organization
soliciting charitable donations.
