[1980 Code § 140-1; Ord. No. O-28-2014; 9-14-2021 by Ord. No. O-22-2021]
a.
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and
b.
Whereas a substantial body of science and technology exists by which
excessive sound may be substantially abated; and
c.
Whereas the people have a right to, and should be ensured of, an
environment free from excessive sound;
d.
Now therefore, it is the policy of the Town of Morristown to prevent
excessive sound that may jeopardize the health, welfare, or safety
of the citizens or degrade the quality of life.
e.
This section shall apply to the control of sound originating from
sources within the Town of Morristown.
[1980 Code § 140-2; Ord. No. O-20-82; Ord. No. O-39-03; Ord. No. O-2-08; Ord. No.
O-28-2014; Ord. No. O-7-2016; 9-14-2021 by Ord. No. O-22-2021]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this ordinance have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency
to restore or deliver essential services, including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life- threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their model noise ordinance and enforcement procedures. A noise
control investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities
or an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and is currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by a NCO or an NCI using his
or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either the vertical boundary that separates one parcel of
property (i.e., lot and block) from another residential or commercial
property; the vertical and horizontal boundaries of a dwelling unit
that is part of a multi-dwelling unit building; or on a multi-use
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multi-use property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: this definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
Any device whose primary function is the production of sound,
including, but not limited to any, musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[1980 Code § 140.3; Ord. No. O-2-08; Ord. No. O-28-2014; 9-14-2021 by Ord. No. O-22-2021]
a.
This model noise ordinance applies to sound from the following property
categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[1980 Code § 140.4; amended 9-14-2021 by Ord. No. O-22-2021]
b.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA), FEMA or other government agencies to
the extent that they comply with the noise requirement of the enabling
legislation or regulation. Devices which are exempted under N.J.A.C.
7:29-1.5 shall continue to be exempted.
[Amended 9-14-2021 by Ord. No. O-22-2021]
a.
Noise Control Officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this ordinance and pursue enforcement activities.
b.
Noise Control Investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
section of this section that do not require the use of a sound level
meter (i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
c.
Noise Control Officers and Investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's
municipal noise ordinances.
[Added 9-14-2021 by Ord.
No. O-22-2021]
a.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in § 3-1.6b of this section and with the definition of "real property line" as contained herein.
b.
When conducting indoor sound level measurements across a real property
line the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
[Added 9-14-2021 by Ord.
No. O-22-2021]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 3-1.3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in § 3-1.6b.
b.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II.
|
Table I
Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
|
Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 Hours
|
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 Hours
|
|
Maximum A-Weighted sound level standard, dB
|
55
|
40
|
55
|
|
Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.
|
|
Table III
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property Outdoors
|
Residential Property, or Residential Portion of a Multi-Use
Property Indoors
|
Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility Outdoors
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property Indoors
| ||
|
Octave Band Center Frequency, Hz.
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
| ||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
Note: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
[Added 9-14-2021 by Ord.
No. O-22-2021]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in § 3-1.6b of this section. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
|
Table IV
Maximum Permissible Increase in Total Sound Levels Within a
Residential Property
| |
|---|---|
|
Weeknights 10:00 p.m. to 7:00 a.m.
Weekend nights 11:00 p.m. and 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
[Added 9-14-2021 by Ord.
No. O-22-2021]
The following standards shall apply to the activities or sources
of sound set forth below:
a.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth in Tables I, II or III do
not apply.
b.
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. At
all other times the limits set forth in Tables I, II or III do not
apply.
c.
Self-contained, portable, non-vehicular music or sound production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator;
d.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include but not be limited to:
1.
Vocalizing (howling, yelping, barking, squawking etc.) for five minutes
without interruption, defined as an average of four or more vocalizations
per minute in that period; or,
2.
Vocalizing for 20 minutes intermittently, defined as an average of
two vocalizations or more per minute in that period.
|
It is an affirmative defense under this subsection that the
dog or other animal was intentionally provoked to bark or make any
other noise.
|
[Added 9-14-2021 by Ord.
No. O-22-2021]
Violations of each paragraph of this subsection shall be considered
purposeful and therefore non-minor violations.
a.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
b.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR Part 205.
c.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
d.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 8:00 a.m. and 10:00 p.m.
[Added 9-14-2021 by Ord.
No. O-22-2021]
a.
Violation of any provision of this section shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
b.
Any person who violates any provision of this ordinance shall be
subject to a civil penalty for each offense of not more than the maximum
penalty pursuant to N.J.S.A. 40:49-5, which is $2,000. If the violation
is of a continuing nature, each day during which it occurs shall constitute
an additional, separate, and distinct offense.
c.
Upon identification of a violation of this section the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this section that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
d.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in § 3-1.2 of this section) a NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible
party's/violator's voluntary action can prevent a formal
enforcement action with penalties issued by the Department of Health
for the Town of Morristown. It shall be noted that the NOV does not
constitute a formal enforcement action, a final agency action or a
final legal determination that a violation has occurred. Therefore,
the NOV may not be appealed or contested.
e.
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5, which is $2,000, will be issued. If
a non-minor violation is immediately corrected, a NOV without a civil
penalty shall still be issued to document the violation. If the violation
occurs again (within 12 months of the initial violation) a NOPA shall
be issued regardless of whether the violation is immediately corrected
or not.
f.
The violator may request from the Noise Control Officer or Noise
Control Investigator, an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
g.
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
h.
The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
i.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
[Added 9-14-2021 by Ord.
No. O-22-2021]
a.
If any provision or portion of a provision of this section is held
to be unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of the section shall not be invalidated.
b.
All ordinances or parts of ordinances, which are inconsistent with
any provisions of this section, are hereby repealed as to the extent
of such inconsistencies.
c.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy there from, of any
person for injury or damage arising from any violation of this section
or from other law.
[Ord. No. O-20-97 § 202-1; Ord. No. O-28-12]
The Administrative Officer of the Town's Division of Health,
Department of Code Enforcement, and/or his or her authorized representatives.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
[Ord. No. O-20-97 § 202-2]
It shall be unlawful for any person to operate, rent or permit
the use of, or operation of, a tobacco vending machine, in, on or
about the premises under his ownership, control or management, or
to sell, or offer to sell, any tobacco product through a tobacco vending
machine in the Town of Morristown.
[Ord. No. O-20-97 § 202-3]
Whenever the Health Officer, or his designee, reasonably believes
that there exists a violation of this section, he may issue a summons
and complaint not later than 90 days after discovery of the alleged
violation. The complaint shall be delivered or sent by certified mail
to the alleged violator.
[Ord. No. O-20-97 § 202-4; Ord. No. O-2-08]
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5 for each offense. In addition, the Court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
[1980 Code § 199-1]
As used in this section:
Any vehicle partially dismantled or not readily capable of
operation under its own power or not currently used for transportation
or not currently licensed, or wrecked or junked. It shall also mean
any vehicle whose owner has terminated the use and care of the vehicle
and has either indicated by his words or actions an intent to leave
it and no longer claim ownership of it or has left it without making
arrangements for storage with the owner, occupant or person in control
of the premises on which it is located for a period of at least 10
days.
Any real property within the Town of Morristown which is
not a street or highway.
The entire width between the boundary lines of every way
publicly maintained when any part of it is open to the use of the
public for purposes of vehicular travel.
A machine propelled by power other than human power and designed
to travel along the ground by use of wheels, treads, runners or slides
and transport persons or property or pull machinery, and shall include
without limitation automobiles, trucks, trailers, and motorcycles.
It shall also include any part of a vehicle and any such vehicle whether
or not the same is still capable of self-propulsion by reason of its
present condition, but shall not include vehicles that run only on
rails or tracks.
[1980 Code § 199-2]
No person shall leave an abandoned vehicle on public or private property or on any street or highway within the Town, and no such person shall leave a vehicle at any place within the Town for such time and under such circumstances as to cause it reasonably to appear to have been abandoned. No person in charge or control of any property within the Town, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned vehicle to remain upon the property longer than 48 hours, except as provided in Subsection 3-3.3. Any person violating this section shall be subject to such fine as provided in Subsection 3-3.8.
[1980 Code § 199-3]
This section shall not apply to a vehicle in an enclosed building;
a vehicle on the premises of a business enterprise operated in a lawful
place and manner, when necessary to the operation of the business
enterprise; a vehicle in a junkyard permitted under the Zoning Ordinance
of the Town and laws pertaining thereto; or a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner
by the Town.
[1980 Code § 199-4; Ord. No. O-14-87]
Any person in charge or control of any property within the Town, whether as owner, tenant, occupant, lessee or otherwise, on whose property there has been placed an abandoned vehicle without his knowledge, acquiescence or consent, shall promptly notify the Chief of Police or his designee of the make, model and year of the abandoned vehicle, and if known or ascertainable, the registration, serial number and ownership. The Chief of Police or his designee shall determine whether the owner is unknown and cannot be found or refuses to receive the abandoned vehicle, and if so, upon payment of a fee as provided in Subsection 3-3.8, Fees, the Police Bureau shall take possession of the abandoned vehicle to be disposed of as provided for pursuant to N.J.S.A. 39:10A-1 et seq. The fee shall be deposited in a dedicated account by the Chief Financial Officer of the Town from which all costs for the removal and disposal of the abandoned vehicle shall be paid. The Town Council shall thereafter offer the abandoned vehicle for sale, pursuant to N.J.S.A. 39:10A-1 et seq., the moneys received from the sale to be paid to the Town.
[1980 Code § 199-5]
Any person in charge or control of any property within the Town,
whether as owner, tenant, occupant, lessee or otherwise, on which
property there is an abandoned vehicle, shall permit access to the
property and vehicle by a duly authorized agent of the Town for the
purpose of examining or removing the vehicle or making any inspection
reasonably required for the enforcement of this section.
[1980 Code § 199-6]
The Police Bureau shall take possession of an abandoned, lost,
stolen or unclaimed vehicle in the streets or highways of the Town
and it shall be impounded by the Police Bureau until lawfully claimed
or disposed of in accordance with N.J.S.A. 39:10A-1 et seq. The moneys
received from the sale shall be paid to the Town.
[1980 Code § 199-7]
If the owner shall seek the return of a vehicle in the possession
of the Police Bureau, pursuant to this section, before the vehicle
has been offered for sale, the owner shall pay a fee to the Town for
storage and towing, if any, of the vehicle, and reasonable costs incurred
for processing of legal title and return of possession of the vehicle.
Any owner refusing to pay the fees provided herein or by rules and
regulations shall be conclusively presumed to have refused the vehicle.
[1980 Code § 98-199; Ord. No. O-21-87 § 199]
|
Type
|
Fee
| |
|---|---|---|
|
a.
|
Removal
|
$100
|
|
b.
|
Storage, per day on Town-owned property, maximum
|
$5
|
|
c.
|
Towing and processing
|
$25
|
|
d.
|
Fees for processing title and vehicle return, maximum
|
$50
|
[Ord. No. O-24-96 § 161-1]
a.
It is prohibited to perform any maintenance or repair to any automobile
or other motor vehicle or dispose any vehicular fluids on any real
property owned or maintained by the Town of Morristown, including
parks, parking lots, driveways, or vacant or improved lots, on the
ground, into any storm drain or water course.
b.
It shall be prohibited to change any fluids for any motor vehicle
on any street or sidewalk.
[1980 Code § 11-12]
a.
No person shall perform or render any service or repairs upon any
motor vehicle of any type whatsoever on any public street or public
highway located within the Town, except for emergency service or repair,
which emergency service or repair work shall be solely related to
that which is necessary for the immediate ensuing removal of such
vehicle from the public street or public highway.
b.
No person shall suffer or permit any other person to perform or render
any services or repairs upon his motor vehicle upon any public street
or public highway within the Town of Morristown, except for emergency
service or repair, which emergency service or repair work shall be
solely related to that which is necessary to remove any such vehicle
from the public street or public highway.
[1980 Code § 160-1]
No person shall leave or permit to be left any cart, wagon,
box, barrel, bale of merchandise or other movable property, either
owned by him or in his possession, custody or control, upon any street,
sidewalk or municipal parking field or lot, except, however, that
this section shall not apply to materials lawfully placed at the curbs
or sides of streets for collection by a garbage or rubbish remover.
[1980 Code § 160-2]
The Chief of Police or his designee shall remove or cause to be removed any cart, wagon, box, barrel, bale of merchandise or other movable property found upon any street, sidewalk or municipal parking field or lot and shall take it or cause it to be taken to property or premises of the Town, to be held until redeemed or sold as provided in Subsections 3-7.4 and 3-7.6 below.
[1980 Code § 160-3]
Whenever the Chief of Police shall receive any property containing
identification of ownership or right to possession, a notice shall
be sent by ordinary mail to such person advising that the property
is being held by the Chief of Police and the amount necessary to redeem
it.
[1980 Code § 160-4]
Property may be redeemed by the owner at any time prior to its sale, dismantling, destruction or disposal, and he shall be entitled to receive it upon paying such fee per day, commencing the third day after the property is removed to the date of redemption, as provided in Subsection 3-7.5, Fees. In addition, the person seeking to redeem the property shall be required to pay the cost of advertising the sale thereof, if any. No property shall be delivered to the person seeking to redeem it unless proof establishing the person's ownership or right to possession is submitted to the satisfaction of the Chief of Police. Delivery to a person apparently entitled thereto shall be a defense to the Town against any other person claiming to be entitled to the property. If the person to whom delivery is made is not entitled to the property, the actual owner may recover it with interest and costs from the person to whom it was delivered.
[1980 Code § 98-160; Ord. No. O-21-87 § 160]
|
Type
|
Fee
| |
|---|---|---|
|
a.
|
Redemption of impounded property
|
$5
|
|
b.
|
In addition to the redemption charge, the daily charge for impounded
property commencing the third day after the property is removed to
the date of redemption
|
$1
|
[1980 Code § 160-5]
When any property remains in the custody of the Chief of Police
for a period of 120 days after removal and no person has presented
proof establishing his ownership or right to possession, the Municipal
Clerk shall give public notice in the official newspaper of the Town
advising that at a specified place and time, but not less than five
days after the notice is published, the property will be sold at public
auction for the best price he can obtain. A general description of
the property to be sold shall be sufficient in the notice. The sale
shall be conducted by the Municipal Clerk or by any employee of his
department designated or an auctioneer designated by him.
[1980 Code § 160-6]
In the event that the property shall remain unsold at public
auction, the Municipal Clerk may reoffer the property for sale at
a subsequent public auction held pursuant to this section or he may
dismantle, destroy or otherwise sell or dispose of such property.
Any sale or other disposition of property pursuant to this section
shall be without liability on the part of the Town to the owner of
such property or other person lawfully entitled to it or having an
interest in it.
[1980 Code § 160-7]
Immediately after property is redeemed, the Municipal Clerk shall pay to the Chief Financial Officer the amount received for redemption, costs and expenses of the article redeemed, together with an itemized statement. Immediately after a sale or other disposition of property, the Municipal Clerk shall pay to the Chief Financial Officer the proceeds of sale or other disposition of such property, with an itemized statement of the article sold, the price received and the costs and expenses of sale, and the Chief Financial Officer shall retain and credit the general surplus fund with so much of the proceeds as equals the cost and expenses of the sale plus such sum as provided in Subsection 3-7.5, Fees, to cover the cost of removing and storing the property. The remainder of the moneys realized from the sale shall be paid without interest to the lawful owner thereof.
[1980 Code § 160-8]
The provisions of this section shall not apply to any property
which may come into the possession or custody of the Police Department
pursuant to any other ordinance, law or regulation.
[Ord. No. O-9-2016]
As used in this section:
Any conveyance upon which a person may ride propelled wholly
or in part by human muscular power and having two tandem wheels.
The designee of the Police Chief responsible for registering
bicycles and performing safety inspections in connection with bicycle
registrations.
[Ord. No. O-9-2016]
a.
Registration. Any person residing in the Town who owns a bicycle
or who engages in the business of renting bicycles for hire may register
his bicycle with the Bicycle Registrar. Registration of any bicycle
shall be voluntary.
b.
Application for registration certificate. Each application for a
bicycle registration certificate and a registration tag or decal for
the transfer thereof shall be made to the Bicycle Registrar on a form
approved by the Chief of Police. Such application shall set forth
the name and address of the owner, the description of the bicycle,
the name of the manufacturer and the serial number appearing on the
frame of the bicycle. The owner shall either provide proof of ownership
or certify that he lawfully owns the bicycle.
c.
Issuance of certificates; inspections; term.
1.
The Police Chief or the Bicycle Registrar shall cause an inspection
to be made of each bicycle for which an application is made under
Paragraph b above, as to the safe mechanical condition of the bicycle.
In the event that a bicycle is found to require repairs in order to
be safely operated, the Bicycle Registrar making the inspection shall
so advise the applicant. All bicycles must comply with N.J.S.A. 39:4-10
et seq. with respect to brakes, lights, reflectors, audible signal
devices and seats. Maintenance of a bicycle in a safe mechanical condition
is the sole responsibility of the owner. The Bicycle Registrar may
refuse to register a bicycle which is determined to be in an unsafe
condition.
2.
Upon approval of the application, the Bicycle Registrar shall issue
a registration certificate, together with a registration decal which
shall be affixed to the bicycle.
3.
All bicycle registrations shall continue in effect until ownership
of the bicycle is transferred to another person or otherwise legally
disposed of.
d.
Fees. There shall be no fees charged for the registration, transfer
or inspection of bicycles pursuant to this section.
e.
Content of certificate, tag and decal.
1.
Every registration certificate shall be numbered in sequence and
shall set forth the name and address of the owner of the bicycle and
the serial number appearing on the frame of the bicycle. New Jersey
statutes require that all persons under the age of 14 years old shall
not ride or operate a bicycle unless wearing a properly fitting and
fastened safety helmet.
2.
On the frame of any bicycle on which the serial number is illegible,
the Registrar shall stamp an identification number issued by the Bureau
of Police for use in the administration of this section.
3.
Registration tags or decals shall be numbered in sequence and the
number thereon shall correspond to the number on the registration
certificate issued for such bicycle.
f.
Display of tag or decal. The registration tag or decal shall be attached
to the frame of the bicycle in a conspicuous place visible from the
rear.
g.
Dismantling or sale of registered bicycles. Each person who sells,
transfers ownership of or permanently dismantles any bicycle registered
pursuant to the provision of this section shall make a report thereof
and surrender the registration certificate and tag or decal to the
Bureau of Police within three days thereafter. When the bicycle has
been sold or ownership transferred, the report shall include the name
of the person to whom such sale or transfer was made.
h.
Transfer of registration certificate and tag or decal. Where the
owner of a registered bicycle surrenders the registration certificate
and tag or decal pursuant to the provisions of Paragraph g above,
he may, upon application, obtain the transfer of the certificate and
tag or decal to another bicycle owned by him, provided the application
for transfer and substituted bicycle comply with the provisions of
Paragraphs b and c above.
i.
Records to be kept by the bureau of police. The Bureau of Police
shall keep a record of the registration of all bicycles, including
the number of each registration certificate and tag or decal issued,
the date of issuance, the name and address of the person to whom issued
and the name or make and the serial number on the frame of the bicycle
for which issued.
j.
Replacement of certificates, tags or decals. Whenever an issued registration
certificate or registration tag or decal is lost, stolen or mutilated,
the bicycle owner shall notify the Registrar or Bureau of Police,
and a replacement certificate or tag or decal shall be provided upon
request of the bicycle registrant.
k.
Removal, alteration or destruction of tags, decals or serial numbers.
1.
No person shall remove, destroy, mutilate or alter any registration
tag or decal, except that a tag or decal may be so removed for the
purpose of surrendering the same to the Bureau of Police in the event
of sale or transfer of ownership or dismantling as provided in Paragraph
g above.
2.
No person shall remove, destroy, mutilate or alter the serial number
on the frame of any bicycle or have in his possession any bicycle
on which said serial number is removed, destroyed, mutilated or altered.
l.
Police inspection; impoundment; redemption; fees.
1.
Any Police Officer of the Town may inspect any bicycle on any public
street or place at any time for the purpose of verifying the registration
of the bicycle or to ensure that the bicycle is in proper mechanical
condition to be operated safely.
2.
In the event that a registered bicycle is found to be operated by
a person who does not have the permission of the registered owner
to use it, or is in such condition as to be unfit for safe operation
or there is a failure to comply with the requirements of this section,
the Police may impound the bicycle until such time as the owner or
registrant has been located, or in the case of a bicycle which is
determined to be unfit for safe operation, the Police may impound
the bicycle until such time as the owner or registrant has arranged
for the bicycle to be repaired and rendered safe for use.
3.
Whenever any bicycle shall be impounded because of its unfitness
for safe operation, it shall be surrendered at the end of the impoundment
period to the owner, or in the case of a juvenile to the parents or
the guardian of the owner, upon payment of a charge for storage, at
the discretion of the Chief of Police; but if a charge is made, it
shall not exceed such amount as provided in Paragraph 4 below, for
the first and subsequent impoundments. In the case of seizure of a
bicycle because it has been found in the possession of a person not
the legal owner thereof, the owner shall be notified of such seizure,
provided the name of the owner can be determined. If the bicycle is
not reclaimed by the legal owner thereof, it shall be sold at public
auction after the expiration of six months from the date of seizure.
Notice containing a description of the bicycle shall be published
in a newspaper circulating in the Town not less than 10 days prior
to the date of sale. The proceeds of the sale shall be remitted to
the Chief Financial Officer.
4.
Impoundment fees.
|
Type
|
Fee
| |
|---|---|---|
|
(a)
|
First impoundment
|
$2
|
|
(b)
|
Subsequent impoundments
|
$5
|
[Ord. No. O-9-2016]
a.
General. All persons 12 years and older operating bicycles in the
Town shall conform to all applicable laws of the State and ordinances
of the Town, particularly those dealing with the regulation of traffic,
except where another age limit is specifically stated as being applicable.
Bicycle operators obey the same rules as the drivers of motor vehicles
unless inapplicable or inappropriate.
b.
Operating regulations. Every person riding a bicycle on a roadway
shall ride as near to the right roadside as practicable exercising
due care when passing a standing vehicle or one proceeding in the
same direction. Every person riding a bicycle shall ride in the same
direction as vehicular traffic.
A bicyclist may move left under any of the following conditions:
1.
To make a left turn from a left turn lane or pocket;
2.
To avoid debris, drains, or other hazardous conditions on the right;
3.
To pass a slower moving vehicle;
4.
To use a bicycle lane that is designated on the left side of the
road;
5.
To occupy any available lane when traveling at the same speed as
other traffic;
6.
To travel no more than two abreast when traffic is not impeded, but
otherwise ride in single file.
c.
Passengers. No person shall ride on any part of a bicycle not intended
for use by a rider, nor more than one person ride a bicycle unless
it is designed to accommodate more than one rider or operator.
d.
Unsafe bicycle. No person shall operate a bicycle that is in an unsafe
or dangerous condition.
e.
Lights on bicycles. When in use at nighttime every bicycle shall
be equipped with:
f.
Audible signal. A bicycle must be equipped with a bell or other audible
device that can be heard at least 100 feet away, but not a siren or
whistle.
g.
Helmets. Anyone under 17 years of age that rides a bicycle or is
a passenger on a bicycle, or is towed as a passenger by a bicycle
must wear a safety helmet.
h.
Riding on sidewalks.
1.
No person over the age of 12 years old shall ride a bicycle upon
a sidewalk within the following business districts:
(a)
Speedwell Avenue between Sussex Avenue and The Green.
(b)
Morris Avenue between Elm Street and The Green.
(c)
South Street between Elm Street and The Green.
(d)
Washington Street between Atno Avenue/Phoenix Avenue and The
Green.
(e)
North Park Place.
(f)
West Park Place.
(g)
South Park Place.
(h)
East Park Place.
2.
Any person riding a bicycle on any sidewalk in the Town of Morristown
shall:
(a)
Yield to pedestrians;
(b)
In company with other bicycle riders, ride only in single file;
(c)
Ride at a walking speed in the presence of pedestrians;
(d)
When passing pedestrians, cyclists shall give an audible warning,
using a bell, other audible device or voice command such as "on our
left" when passing on the left.
i.
Stopping. Every bicycle shall have a means of stopping that is able
to cause a bicycle travelling at 15 mph to stop within 30 feet.
j.
Parking.
1.
No person shall park a bicycle upon a sidewalk in such a manner so
as to unduly interfere with pedestrian traffic, or upon a roadway
so as to unduly interfere with vehicular traffic.
2.
Bicycles shall be parked in such a manner as not to interfere with
building entrances.
3.
Bicycles shall be parked to designated bicycle racks if present within
100 feet of bicyclist's destination.
[Ord. No. O-9-2016]
a.
Motor vehicles shall give right-of-way.
1.
Turning left in front of a bicycle. The driver of a vehicle within
an intersection intending to turn to the left shall yield the right-of-way
to a bicycle approaching from the opposite direction which is within
the intersection or so close thereto as to constitute an immediate
hazard.
2.
Turning right in front of a bicycle. When a motor vehicle and a bicycle
are traveling in the same direction on any highway, street, or road,
the operator of the motor vehicle overtaking such bicycle traveling
on the right side of the roadway shall not turn to the right in front
of the bicycle at that intersection or at any alley or driveway until
such vehicle has overtaken and is safely clear of the bicycle.
3.
Overtaking on the left. The operator of a motor vehicle overtaking
a bicycle or individual proceeding in the same direction on a highway
shall leave a safe distance, but not less than three feet, when passing
the bicycle or individual and shall maintain that distance until safely
past the overtaken bicycle.
b.
Opening and closing vehicle doors. No person shall open the door
of a motor vehicle on the side available to moving traffic unless
and until it is reasonably safe to do so and can be done without interfering
with the movement of other motor vehicle and/or bicycle traffic, nor
shall any person leave a door open on the side of the vehicle available
to moving traffic for a period of time longer than necessary to load
or unload passengers.
The provisions of this paragraph shall not apply to any law-enforcement
officer, firefighter or member of a rescue squad engaged in the performance
of his duties.
c.
Driving standing or parking on bicycle lanes prohibited. The driver
of a vehicle shall not drive, unless entering or exiting a legal parking
space, or stand, or park the vehicle upon any lane designated by official
signs or markings for the use of bicycles, or otherwise drive or place
the vehicle in such a manner as to impede bicycle traffic on such
lane. The driver of a vehicle shall not stand or park the vehicle
upon any lane designated by pavement markings for the shared use of
motor vehicles and bicycles, or place the vehicle in such a manner
as to impede bicycle traffic on such lane.
d.
Drivers to exercise due care. Every driver of a vehicle shall exercise
due care to avoid colliding with any pedestrian, or any person operating
a bicycle or other device propelled by human power, upon any roadway,
and shall give warning by sounding the horn when necessary and shall
exercise proper precautions upon observing any child or any confused
or incapacitated person upon a roadway.
[Ord. No. O-9-2016]
Any person over the age of 18 who violates Subsection 3-8.3 shall, upon conviction thereof, be punished by a fine not exceeding $100.
Any person who violates any provision of Subsection 3-8.4, Motor Vehicle Operations Affecting Bicyclists, upon conviction, is subject to a fine not exceeding $500.
[Ord. No. O-5-89; amended 9-28-2021 by Ord. No. O-28-2021]
a.
No person over the age of 12 years old shall ride a skateboard, scooter,
roller blades or roller skates, or other human powered personal transportation
device upon a sidewalk within the following business districts:
1.
Speedwell Avenue between Sussex Avenue and the Green.
2.
Morris Avenue between Elm Street and the Green.
3.
South Street between Elm Street and the Green.
4.
Washington Street between Atno Avenue/Phoenix Avenue and the Green.
5.
North Park Place.
6.
West Park Place.
7.
South Park Place.
8.
East Park Place.
b.
Any person riding a skateboard, scooter, roller blade, roller skates
or other human powered personal transportation device on any sidewalk
in the Town of Morristown shall yield to pedestrians.
c.
Users of skateboards, scooters, roller blade, roller skates or other
human powered personal transportation device are prohibited from using
public or private benches, rails, walls, fences or any other public
or private infrastructure for the purpose of doing tricks.
d.
Helmets. Anyone under 17 years of age that rides a skateboard, scooter,
roller blade, roller skates or other human powered personal transportation
device must wear a safety helmet.
e.
Violations and penalties.
1.
Maximum penalty. For violation of any provision of this section,
the maximum penalty shall, upon conviction of a violation, be a fine
not exceeding $500.
2.
In additional to any penalty, a police officer or other law enforcement
agent may confiscate the skateboard, scooter or other personal transportation
device and obtain the person's name, address, telephone number
and age. Any personal transportation device confiscated under this
subsection shall be returned to persons 17 years of age or older,
not earlier than 24 hours after the violation upon their appearance
at the Morristown Police Department and the execution of a declaration
of ownership. Any personal transportation device confiscated from
those persons under the age of 17 shall be returned, not earlier than
24 hours after the violation, to the person's parent or guardian
upon their appearance at the Morristown Police Department and the
execution of a declaration of ownership.
3.
Application. The maximum penalty stated in the general penalty clause
of this section is not intended to state an appropriate penalty for
each and every violation. Any lesser penalty, including a nominal
penalty or no penalty at all, may be appropriate for a particular
case or particular violation.
[Ord. No. O-28-2021, 9-28-2021]
A personal electric rideable mobility device used for transporting
an individual at speeds that do not normally exceed 25 km/h (16 mph).
Examples include electric bicycle, segway, electric scooter, electric
skateboard, electric unicycle, hoverboards. Anyone under 17 years
of age that rides an electric personal transportation vehicle must
wear a safety helmet.
[Ord. No. O-28-2021, 9-28-2021]
Use of electric personal transportation vehicles is prohibited
on any sidewalk in the Town of Morristown.
[Ord. No. O-39-88]
As used in this section:
Any description, narrative account, display of depiction
of a specified anatomical area or specified sexual activity contained
in or consisting of, a picture or other representation, publication,
sound recording, live performance or film, which by means of posing,
composition, format or animated sensual details, emits sensuality
with sufficient impact to concentrate prurient interest on the area
of activity.
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access of persons under 18 years
old, who is in the business of making sales of periodicals or other
publications at retail containing pictures, drawings or photographs.
No retailer may display nor shall permit to be displayed at
his business any obscene material at a height of less than five feet
or without a blinder or other covering placed or printed on the front
of the material displayed.
[1980 Code § 150-8]
a.
No person shall set up, keep or maintain, or permit to be set up,
kept or maintained, in any house or premises within the limits of
the Town any unlicensed faro table, faro bank, roulette wheel or other
device for the purpose of gaming or gambling, nor shall any person
hold or permit to be held in any house or premises any dogfight, cockfight
or any sparring contest or fight for a purse or money prize of value.
b.
No person, firm or corporation shall within the limits of the Town
deal, play or engage in faro, roulette, lottery, numbers games, dice
games or other games of chance, either as a banker, stockholder, player,
dealer or participant or otherwise, for the purpose of gaming or gambling
for money or other valuable thing unless a permit has been issued
from the proper State authorities provided that a permit is required
by law.
[1980 Code § 150-5]
No person shall unnecessarily obstruct any sidewalk, street,
alley or public place within the Town with any kind of vehicle, box,
lumber, wood or other thing. This subsection shall not prevent persons
who are building from temporarily occupying such portion of the sidewalk,
street, alley or public place where a building permit has been properly
issued for the construction of a building.
[1980 Code § 150-4]
a.
No person shall disturb the exercises of any school or molest or
give annoyance to children attending any school or to any teacher.
b.
No person, not the parent or legal guardian of a pupil, shall lounge,
wait about aimlessly or loiter on any school premises or in any school
buildings within the Town without authority or permission to do so
from designated school authorities.
[1980 Code § 150-6A; Ord. No. O-24-12]
a.
No person or group of persons shall hinder, assault, molest, shout
obscenities at or obstruct any Police Officer or officer of the law
in the performance of his duties; nor shall any person or group of
persons refuse to heed the order of a Police Officer to refrain from
congregating or assembling in any public place, sidewalk, street,
park or playground when such assemblage is disruptive to public peace
and good order, is riotous or tumultuous, endangers persons or property
or is unruly or disturbing to public peace and good order or is for
an unlawful purpose after such persons shall have been called upon
by a Police Officer to do so.
b.
Any person who violates this section shall be subject to a minimum penalty of $500 and may be subject to the maximum penalty stated in Chapter 1, § 1-5 for each offense. Any person who shall violate this section three times in any given period shall be subject to a minimum penalty of $1,000 and a maximum penalty stated in Chapter 1, § 1-5 for each offense.
[1980 Code § 150-6B; Ord. No. O-24-12]
a.
No person shall, during a fire alarm, hinder, prevent or deter any
firefighter or other person rendering lawful assistance in abating
or quelling a fire: nor shall any person hinder or interfere with
any fire-fighter from going to or returning from the place where any
building or other property is on fire or from which an alarm proceeds;
nor shall any person hinder or obstruct the passage of any fire engine,
hook and ladder truck or any fire apparatus in going to or from the
place from which an alarm of fire proceeds or where any building or
other property may be burning.
b.
Any person who violates this section shall be subject to a minimum penalty of $500 and may be subject to the maximum penalty stated in Chapter 1, § 1-5 for each offense. Any person who shall violate this section three times in any given period shall be subject to a minimum penalty of $1,000 and a maximum penalty stated in Chapter 1, § 1-5 for each offense.
[Ord. No. O-28-07, § 60-8.1A; Ord. No. O-24-12]
a.
No person shall interfere with, hinder, disturb or obstruct the proceedings,
functions or deliberations of the Governing Body of the Town, the
Board of Adjustment, the Planning Board or any other official body
of the Town while in session; nor shall any person molest, obstruct,
hinder or interfere with any Town officer or official engaged in the
performance of his duty or knowingly resist or oppose any person authorized
by law to make arrests or serve any writ, bill, order or process when
the person so authorized to do so is acting in the performance of
his duty.
b.
Any person who violates this section shall be subject to a minimum penalty of $500 and may be subject to the maximum penalty stated in Chapter 1, § 1-5 for each offense. Any person who shall violate this section three times in any given period shall be subject to a minimum penalty of $1,000 and a maximum penalty stated in Chapter 1, § 1-5 for each offense.
[Ord. No. O-34A-93; Ord. No. O-24-12]
a.
No person shall urinate or defecate on any public street, sidewalk
or in any other public place or in any other place open to and used
by the public or outdoors on any property.
b.
Any person who violates this section shall be subject to a minimum penalty of $500 and may be subject to the maximum penalty stated in Chapter 1, § 1-5 for each offense. Any person who shall violate this section three times in any given period shall be subject to a minimum penalty of $1,000 and a maximum penalty stated in Chapter 1, § 1-5 for each offense.
[1980 Code § 150-3]
No person shall bathe or swim in a state of nudity or be found
in a state of nudity at any public lake, pool, pond, stream or river
where the public is invited or permitted within the Town.
[1980 Code § 150-1; Ord. No. O-24-12]
a.
No person shall consume intoxicating beverages on any public street
or within the confines of any park or playground within the Town without
a permit to do so from the proper authorities.
b.
Any person who violates this section shall be subject to a minimum penalty of $500 and may be subject to the maximum penalty stated in Chapter 1, § 1-5 for each offense. Any person who shall violate this section three times in any given period shall be subject to a minimum penalty of $1,000 and a maximum penalty stated in Chapter 1, § 1-5 for each offense.
[1980 Code § 150-2]
No person shall write upon any house, building, wall, fence,
tree, outdoor sign or other structure or visible place within the
Town without the permission of the owner thereof.
[Ord. No. O-28-07, § 60-8.1A]
a.
Guardian shall mean a person who is qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
b.
Relative shall mean an underage person's parent, grandparent, aunt,
uncle, sibling, first cousin or close relative by blood, marriage
or adoption who has attained the legal age to purchase and consume
alcoholic beverages.
[Ord. No. O-28-07 § 60-8.1B]
Any person under the legal age to purchase and consume alcoholic
beverages, who without legal authority, knowingly possesses, orders,
purchases, serves or consumes alcoholic beverages or who is under
the influence of alcoholic beverages within the municipal boundary
of the Town of Morristown shall be in violation of this section and
subject to the penalties hereof. This section shall not apply to an
underage person consuming or possessing an alcoholic beverage in connection
with a religious observance, ceremony or rite or consuming or possessing
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained the legal age to purchase
and consume alcoholic beverages. This section shall not apply to any
underage person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a County vocational
school or post-secondary educational institution; however, this section
shall not be construed to preclude the imposition of a penalty under
this section, N.J.S.A. 33:1-81 or any other section of law against
a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. O-28-07 § 60-8.1C]
a.
The fine for such an offense under this section shall be $250 for
a first offense and $350 for any subsequent offense.
b.
The court may further suspend or postpone, for six months, the driving
privileges of the defendant, in addition to the fine authorized for
this offense. If a person at the time of the imposition of such sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years. If a person at the time of the imposition of
such sentence under this section has a valid driver's license issued
by this State, the court shall immediately collect the license and
forward same to the State Motor Vehicle Commission along with the
report.
[1980 Code § 170-1]
As used in this section:
Any rolling or nonrolling basket or container commonly used
in markets, supermarkets or self-service stores.
[1980 Code § 170-2]
Any cart provided or made available by any person for use by
any other person or persons shall have securely attached thereto a
plainly visible, durable plastic or metal identification tag or plate
at least two by four inches in size. The number of the cart, the name
and address of the cart owner and the location of the premises where
the cart was provided or made available to other persons for use shall
be legibly printed on the identification tag or plate. Duplicate tag
numbers shall be avoided. Each cart not completely identified as herein
required shall constitute a separate violation of this section.
[1980 Code § 170-4]
It shall be unlawful for any person to discard or abandon, or
suffer or permit to be discarded or abandoned, any cart, whether owned
by him or in his possession, custody or control, upon any street or
upon any public property.
[1980 Code § 170-5]
a.
Any cart left unattended upon any street or upon any public property
under circumstances where there is no person present who has actual
physical custody and control of the cart shall be deemed to have been
discarded or abandoned within the meaning of this section.
b.
With respect to any cart which has been abandoned or discarded upon
any street or upon any public property, if it is determined that the
cart had been missing from the owner's premises or place of business
for a period of 24 hours or more immediately prior to the removal
of the cart, the owner of the cart shall be deemed to have suffered
or permitted the cart to have been discarded or abandoned.
[1980 Code § 170-6; Ord. No. O-2-08]
The Chief of Police or his designee is authorized to remove or cause to be removed and impound any cart found abandoned or discarded or left in any of the prohibited areas described herein and deliver it to any Town-owned or leased storage facilities available for such purpose. Within two days after the removal of the cart to the storage facilities, the Chief of Police shall, by ordinary mail, notify the owner thereof at the address indicated on the identification tag or plate that the impounded cart may be redeemed for such sum as provided in Subsection 3-26.7, Redemption Fees, within seven days from the date of the notice for redemption. Where any property remains unclaimed or unredeemed for a period of one day after verbal notice to the owner is given or three days after written notice is mailed to the owner's place of business, it shall be presumed to be abandoned and shall be disposed of in accordance with the procedures set forth in § 3-7. Abandonment of more than one cart in a six month period shall be deemed a violation of this chapter.
[1980 Code § 170-7]
Within 30 days after such property is redeemed, the Chief of
Police shall pay over to the Town Treasurer the amount received for
the redemption and at the same time deliver to the Treasurer a detailed
statement concerning the redemption, including the identity of the
property and the name and address of and the amount received from
the redemptor.
[1980 Code § 98-170; Ord. No. O-21-87 § 170]
Fees for the redemption of shopping carts if redeemed within
seven days of the notice for redemption: $25.
[1980 Code § 170-9]
The provisions of this chapter shall not apply to any property
which may come into possession or custody of the Police Bureau pursuant
to any other ordinance, law or regulation.
[1980 Code § 170-8; Ord. No. O-2-08]
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5, and each violation shall be deemed and taken to be a separate and distinct offense. This penalty shall be in addition to any fees for redemption of such property and in addition to any costs and expenses of public sale chargeable to the owner or person entitled to possession of such property as hereinabove provided.
[1980 Code § 57-1]
As used in this section:
That type of device using telephone lines transmitting an
alarm directly through the Police switchboard.
Any alarm activated by inadvertence, negligence or the unintentional
act of someone other than an intruder, and includes alarms caused
by malfunctioning of the alarm device or other irrelevant equipment,
but excluding storm related activations.
Any alarm or device which, when activated, produces a signal
not connected to an alarm console, such as store burglar alarms or
similar device, which purpose is the attracting of attention to the
premises.
Any person over the age of 62 years.
[1980 Code § 57-4]
Local alarms shall be permitted, but it shall be unlawful for
any local alarm to ring or put forth any other sound for a period
in excess of 10 minutes. Any violations of this requirement shall
be punishable by a fine of not more than $500 or by imprisonment for
a term not exceeding 90 days, or both, for each violation.
[1980 Code § 57-5]
Any alarm device which, when activated, automatically or electronically
selects a telephone line connected to a central alarm station or to
the Police headquarters reporting a prerecorded message, requesting
Police assistance, and such devices commonly known as dial alarms,
shall be regulated as follows:
a.
All dial alarms shall be registered by completion of an application form to be furnished by the Bureau of Police or Bureau of Fire, which application shall be accompanied by an annual charge as provided in Subsection 3-27.5. No such annual fee shall be charged to a senior citizen or a person who is totally disabled, as defined in N.J.S.A. 46:15-5(e).
b.
Dial alarms shall be coded to dial a separate number to be obtained
from the Chief of Police or the Chief of the Fire Department or their
designated representatives. No dial alarm shall be coded to dial the
number of the general Police switchboard of the Town.
c.
Any dial alarm device must provide an automatic line seizure feature
in the event that the line is busy with incoming or outgoing calls.
[1980 Code § 57-6; Ord. No. O-33-88]
The Police Department and Fire Department shall keep a record
of each false alarm received, and where it is determined that such
false alarms originated at the subscriber's premises, the following
procedure shall be adhered to:
a.
For the first and second false alarm of intrusion, flood or other peril received in a single calendar year, the Police or Fire Department shall issue a warning to the subscriber. For any subsequent false alarm of intrusion, flood or other third alarm of intrusion, flood or other peril in a single calendar year, an administrative fee shall be imposed as set forth in Subsection 3-27.5.
b.
For the first and second false alarm of fire or smoke in a single calendar month, the Police or Fire Departments shall issue a warning to the subscriber. For any subsequent alarm of fire or smoke in a single month, an administrative fee shall be charged as set forth in Subsection 3-27.5.
c.
Any person testing any alarm covered under the terms of this section
shall notify the Police Department immediately prior to and after
testing is completed. Failure to do so shall subject the person to
a penalty provided for false alarms.
[1980 Code § 98-57; Ord. No. O-21-87; Ord. No. O-33-88]
|
Type
|
Fee
| |
|---|---|---|
|
a.
|
Dial alarms annual charge
|
$50
|
|
b.
|
Third and each subsequent false alarm of intrusion, flood or
other peril in a single calendar year
|
$50
|
|
c.
|
Third false alarm of fire or smoke in a single calendar month
|
$50
|
|
d.
|
Fourth and each subsequent fire alarm of fire or smoke in a
single calendar month
|
$100
|
[Ord. No. O-5-2019, adopted 3-26-2019[1]]
a.
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance and distribution criteria for licensed dealers in these
goods.
b.
No person shall use, exercise, or carry on the business, trade, or
occupation of the buying, selling, or pawning of precious metals or
other secondhand goods without complying with the requirements of
this section in the exact manner described herein.
[1]
Editor's Note: This ordinance superseded former § 3-28,
Secondhand Gold Silver or Jewelry Dealers, adopted by Ord. No. O-36-80.
[Ord. No. O-5-2019, adopted 3-26-2019]
As used in this section, the following terms shall have the
meanings indicated:
A current, valid New Jersey driver's license or identification
card, a current, valid photo driver's license issued by another United
States state, a valid United States passport, or other verifiable
United States government-issued identification, a valid foreign government-issued
passport, or Town of Morristown identification, which will be recorded
on the receipt retained by the dealer and subsequently forwarded to
the local police department on request.
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: the buying for purposes
of resale of precious metals, jewelry, or other secondhand goods as
defined herein; pawnbrokers as defined herein; or itinerant businesses
as defined herein. For the purposes of this section, transient buyers,
as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
A dealer who conducts business intermittently within the
municipality or at varying locations.
The statutory officer whose duties are defined in N.J.S.A.
40A:9-133, and may refer to the duly appointed Clerk of the Town of
Morristown.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
in action, securities, or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehousemen and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
Gold, silver, platinum, palladium, 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.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry, or any other secondhand
goods as defined herein are purchased or pawned.
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this section, secondhand goods shall
not include goods transacted in the following manner:
a.
Judicial sales or sales by executors or administrators;
b.
Occasional or auction sales of household goods sold from private
homes;
c.
Auctions of real estate;
d.
SELLER
TRANSIENT BUYER
The occasional sale, purchase, or exchange of coins or stamps by
a person at his permanent residence or in any municipally owned building
who is engaged in the hobby of collecting coins or stamps and who
does not solicit the sale, purchase, or exchange of such coins or
stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, or other form of printed or
electronic advertising.
A member of the public who sells or pawns used goods such
as precious metal, jewelry, or other secondhand goods to a dealer.
A dealer, as defined herein, who has not been in a registered
retail business continuously for at least six months at any address
in the municipality where the dealer is required to register or who
intends to close out or discontinue all retail business within six
months.
[Ord. No. O-5-2019, adopted 3-26-2019]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer and its employees, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in Subsection 3-28.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in Subsection 3-23.9.
[Ord. No. O-5-2019, adopted 3-26-2019]
a.
Upon receipt of an application completed pursuant to this section,
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this section, for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to, the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in Subsection 3-28.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience.
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license.
3.
Any criminal record of the applicant and its employees, including
any past convictions for any crime(s), disorderly persons offense(s),
or municipal ordinance violation(s) within this or any other jurisdiction.
The Chief of Police may, as part of the application process, require
a fingerprint criminal background check through the Federal Bureau
of Investigation, Criminal Justice Information Services Division,
which may require an additional fee from the applicant. Any new employee
hired after the initial application process shall also be subject
to a criminal background check.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business; however, applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection 3-28.6d of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under Subsection 3-28.6a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial, and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s) or disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s) or disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 3-28.5, the retention and inspection requirements of Subsection 3-28.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection 3-28.8 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. O-5-2019, adopted 3-26-2019]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in Subsection 3-28.2;
b.
Require each seller to execute a declaration of ownership, which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years, and the identification presented is valid
and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase.
2.
The name, address, date of birth, and telephone number of the seller
or sellers.
3.
A photographed recording of the seller at the time of the transaction,
in a format acceptable to the Chief of Police, along with a physical
description of the seller, including height and weight (approximate),
hair color, eye color, facial hair, if any, etc.
4.
A photographed recording of the seller's presented acceptable identification, as set forth in Subsection 3-28.2, in a format acceptable by the Chief of Police. An acceptable identification must be presented at the time of each transaction.
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable.
6.
The receipt number;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s), if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information which sets apart
the particular object from others of like kind.
8.
The price paid for the purchase or pawn of the item(s).
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; and fineness in terms of karats for gold,
and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1
and N.J.S.A. 51:6-1 et seq.; and
10.
The time and date of the transaction.
d.
The information outlined in Subsection c above must additionally
be electronically documented through the use of an electronic database
system authorized by the Chief of Police. Installation and training
in this software will be made mandatory as of the effective date of
this section, and licensing will be conditional upon compliance with
proper use of the system as described herein. These records shall
be subject to the inspection of any authorized police officer or any
sworn law enforcement officer acting in the performance of their duty
as set forth in Subsection f below. Through the use of applicably
required computer equipment, and using the electronic format approved
by the Chief of Police, every dealer should attempt to enter all reportable
transactions into the electronic database by the end of the close
of business on the same date as the purchase or receipt of property
for pawn or consignment. However, in no circumstances shall a dealer
exceed 24 hours to enter a reportable transaction into the electronic
database after the purchase or receipt of property for pawn or consignment.
The information entered must contain all pertinent information outlined
in Subsection c above.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 3-28.6.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of any police department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received, and, where necessary, relinquish custody of those articles as provided in Subsection 3-28.6. If available on the premises, all video surveillance pertaining to a requested transaction shall be saved and provided to any member of any Police Department as soon as possible. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. O-5-2019, adopted 3-26-2019]
a.
All secondhand goods purchased, received for pawn, or received for consignment as described above are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 3-28.5, except for precious metals and jewelry, which must be maintained for at least 10 business days or for the statutory period provided in N.J.S.A 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and provided that the seller signed the mandatory statement required by Subsection 3-28.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
In addition to all other reporting requirements, every dealer shall maintain for at least five years a written record of all purchases of precious metals and other secondhand goods in the form prescribed in Subsection 3-28.5c.
d.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
e.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 3-28.9 of this section.
1.
Grounds for suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for suspension. Upon a determination that appropriate grounds
exist and that a suspension is warranted, the Chief of Police or a
designee thereof shall issue a written notice of suspension of license
to the offending dealer and to the Municipal Clerk, which shall set
forth the grounds for the suspension and notify the dealer of his
or her right to appeal pursuant to Subsection h. A temporary suspension
shall issue immediately, pending the outcome of any appeal taken.
Suspended dealers must immediately cease engaging in the business
of purchasing for resale, receiving for pawn, and/or selling precious
metals and/or other secondhand goods in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the
grounds leading to the suspension have, in the determination of the
Chief of Police or the Chief's designee, been cured, corrected, or
appropriately rectified; or if reinstatement is deemed appropriate
by the three-person panel appointed by the Chief of Police, upon the
timely filing of an appeal as provided in Subsection h.
f.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 3-28.9.
1.
Grounds for revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2.
Procedure for revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police of the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation, and the panel shall issue an appropriate
disposition of either suspension, revocation, or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating as a dealer of precious metals or other secondhand
goods within the municipality.
g.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of the license.
h.
A dealer shall have the right to change the location of the licensed
business within the municipality, provided that he or she notifies
the Municipal Clerk, in writing, of the street address of said new
location.
[Ord. No. O-5-2019, adopted 3-26-2019]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A: 9-139, and shall be in the penal sum of $10,000, conditioned
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this section, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the [party
municipality], be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this section."
Said bond shall be kept for a minimum of one year from the date of
issuance of the license and must be renewed annually along with the
license.
[Ord. No. O-5-2019, adopted 3-26-2019]
A nonrefundable fee for the initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $300. The annual renewal fee for a license is $300. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 3-28.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. O-5-2019, adopted 3-26-2019]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of the operating license as provided in Subsections 3-28.6f and g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 3-28.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. O-5-2019, adopted 3-26-2019]
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the business of a pawnbroker or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this section within 90 days following the effective
date of this section.
b.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c.
Nothing contained in this section is intended to replace any preexisting
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry, as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
d.
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
[Ord. No. O-9-07 § 191-1]
Pursuant to N.J.S.A. 40:48-2.49, a municipality may regulate
the removal of motor vehicles from private or public property by operators
engaged in such business. No person shall be authorized to provide
tow truck or wrecker service within the Town of Morristown for (law
enforcement/police requested tows or private property tows) without
first obtaining a license from the Town Clerk in accordance with this
section.
[Ord. No. O-9-07 § 191-2]
As used in this section, the following terms shall have the
meanings indicated:
An individual or a legally formed business entity which seeks
to obtain a license from the Town to furnish tow truck or wrecker
services within the Town pursuant to this section.
A base of operation within the Town of Morristown or the Township of Morris which is staffed during the normal business hours of 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and from 8:00 a.m. to 12:00 p.m. (noon) on Saturdays, excluding holidays. The business must be clearly marked with signs identifying the name of the business and the hours of operation. The applicant must be the owner or principal tenant at the location, which shall include a permanent facility with an office, a patron waiting area, a restroom for patron use and a secured vehicle storage area which is contained within an enclosed building and/or a fenced-in area, as described in Subsections 3-29.3c and 3-29.14 hereof, which shall be used for the storage of towed vehicles.
The storage by an operator of a towed vehicle which was delivered
to the storage yard by a tow truck or wrecker as a result of the provision
of tow truck or wrecker services for the vehicle, where such storage
continues overnight or for more than 12 hours from the time that a
vehicle is removed from the scene from which it was towed, whichever
is longer (i.e., there will be no storage charge for the same day
removal of a towed vehicle) and such storage is unrelated to any repairs
or either continuing services, which are being rendered by the operator
at the request of the vehicle's owner.
A nonresidential building where motor vehicles can be sheltered,
stored, repaired and made ready for use.
The permit to perform tow truck or wrecker services as hereinafter
described. The license is granted to a tow truck or wrecker operator
to provide these services with those vehicles specified on the application
for that tow truck or wrecker operator.
Anyone who engages in the business of providing towing or
wrecker services pursuant to this section or who operates a licensed
tow truck or wrecker.
A vehicle licensed pursuant to this section which is used
to tow or remove other vehicles usually so damaged or disabled or
impounded that they cannot proceed under their own power and further
described herein.
Such roadside assistance as vehicle towing, transport, conveyance
or removal and/or storage services as are to be provided by a licensed
operator pursuant to this chapter.
A listing of tow truck or wrecker operators maintained by
the Bureau of Police Protection which are available, on call, to respond
to calls from the Bureau of Police Protection for towing purposes.
The period of time between the arrival of a tow truck or
wrecker on the scene to which it was called by the Police and the
time at which the tow truck or wrecker is actually permitted to commence
its efforts to render any required tow truck or wrecker services.
Waiting time shall not start earlier than the fifteenth minute after
the tow truck or wrecker service arrives at the scene. This waiting
time applies solely to those tow trucks or wreckers which are on the
Town Rotating Call List.
[Ord. No. O-09-07 § 191-3; Ord. No. O-9-2010]
a.
All regulations regarding the licensing of tow truck or wrecker operators/businesses
within the Town of Morristown shall be nondiscriminatory and nonexclusionary.
b.
No person shall operate a tow truck or wrecker service within the
Town of Morristown either: (a) classified for towing on the Town Rotating
Call List; or (b) for private trespass towing, without first obtaining
a license therefor from the Town Clerk.
c.
Duration of license. All licenses issued under this section shall
expire on the last day of December of the year of issue.
d.
Town rotating call list - application for license; required information;
affidavit. Applications for licenses issued hereunder shall be made
upon printed forms prepared and made available in the Town Clerk's
office and shall state:
1.
The complete legal name, trade name (if any), home address and proposed
or actual business address of applicant, and whether the applicant
is the owner, lessee or bailee. In the event the applicant is a corporation
or other business entity, the names, addresses and home telephone
numbers of every person owning 10% or more of said corporation or
other business entity shall be listed.
2.
An abstract of the driving history of each operator of a licensed
tow truck or wrecker and a listing of each criminal conviction of
any such operator; a statement of any denial of any license or permit
to operate a motor vehicle or a towing service for any person listed
in Paragraph d1 by any other governmental body.
3.
Evidence that the applicant has at least three years' experience
of providing properly insured towing services with references available.
4.
Evidence that the applicant has a business location within the Town
of Morristown or the Township of Morris on which there is situated
a permanent facility and a secured, vehicle storage area which is
contained within an outside area surrounded by a chain link, stockade
or other such type restrictive fencing which is at least six feet
in height. The storage area shall be adequate for properly accommodating
and protecting all motor vehicles which may be towed. No operator
will be permitted to store, place or otherwise cause or permit any
towed vehicles to be stored, placed, parked or otherwise located upon
any public property or any Town street or any property which is not
zoned for such storage, except as may be specifically directed by
the Town Police in the course of clearing a collision scene or in
regard to an official investigation or vehicle seizure. The entire
storage area must be lighted during the hours of darkness so that
the interior of the storage area is visible.
5.
A certification from the Town's Zoning Officer that the business
location is a permitted use pursuant to Town ordinances.
6.
A description of each vehicle operated as a tow truck or wrecker,
including year, make, model, type, serial number and any other information
which is necessary or proper to effectuate the purpose of this chapter
and to determine whether the terms of this section have been satisfied.
e.
Private trespass towing companies - application for license; required
information; affidavit. Applications for licenses issued hereunder
shall be made upon printed forms prepared and made available in the
Town Clerk's office and shall state:
1.
The complete legal name, trade name (if any), home address and proposed
or actual business address of applicant, and whether the applicant
is the owner, lessee or bailee. In the event the applicant is a corporation
or other business entity, the names, addresses and home telephone
numbers of every person owning 10% or more of said corporation or
other business entity shall be listed.
2.
An abstract of the driving history of each operator of a licensed
tow truck or wrecker and a listing of each criminal conviction of
any such operator; a statement of any denial of any license or permit
to operate a motor vehicle or a towing service for any person listed
in Paragraph e1 by any other governmental body.
3.
Evidence that the applicant has at least three years' experience
of providing properly insured towing services with references available.
4.
A statement in writing affirming that the applicant has or has access
to a permanent facility and a secured, vehicle storage area surrounded
by a chain link, stockade or other such type restrictive fencing which
is at least six feet in height and which storage area shall be adequate
for properly accommodating and protecting all motor vehicles which
may be towed and further stating that any vehicles stored on premises
located outside a two mile radius from the municipal boundary line
of the Town of Morristown or outside of the Township of Morris shall
be made available to be recovered at a location within a two mile
radius of the municipal boundary line of the Town of Morristown at
the sole cost and expense of the operator. The licensee shall affirm
that it has office personnel normally available on site to arrange
for the release and return of stored vehicles from 8:00 a.m. to 6:00
p.m., Mondays to Fridays, without advance arrangements and from 8:00
a.m. to 12:00 p.m. (noon), on Saturdays, when requested by the owner
of the towed vehicle or his agent, except on State holidays. During
all other times, operators shall be reasonably available to accommodate
the release of vehicles in emergent situations on an on-call basis,
subject to a response charge which shall not exceed $75. "On Call"
hours are defined as Monday to Friday 6:00 p.m. to 6:00 a.m., Saturday
12:01 p.m. to 6:00 a.m. Monday. It is recognized by the Town that
the licensee's yard may be utilized for purposes other than the needs
of the Town. However, the licensee will be required to keep available
enough space to meet the prescribed license requirements at all times.
5.
A description of each vehicle operated as a tow truck or wrecker,
including year, make, model, type, serial number and any other information
which is necessary or proper to effectuate the purpose of this section
and to determine whether the terms of this section have been satisfied.
[Ord. No. O-9-07 § 191-4]
Any person who wishes to be licensed to provide light-duty tow
truck or wrecker services for the Town Rotating Call List must meet
the following requirements:
a.
The licensee must own/lease at least two vehicles to qualify under
this section, one of which must be a flatbed truck and the other to
be a conventional hydraulic tow truck or wrecker with an under-reach.
b.
A light-duty tow truck or wrecker shall be able to handle all makes
of passenger vehicles and small trucks, such as pickup, small panel
trucks and small dump trucks (up to 8,000 pounds), and must have or
be equipped with the following.
1.
A valid DMV registration and, if required, a valid inspection certificate.
2.
A valid DMV amber light permit.
3.
Dual rear wheels.
4.
The garage within the licensees business location must be equipped
with equipment to move illegally parked cars such as a "Go Jacks"
or comparable device.
5.
A power takeoff controlled winch with a minimum cable thickness of
3/8 inch or equivalent.
6.
A comparable weight equal to the vehicles to be towed, with a minimum
of 5,500 pounds.
7.
A 3/8 inch safety chain. The lift chain and the safety chain are
not to be attached in any form or manner to the same part of the tow
truck or wrecker.
8.
All towing vehicles must have amber emergency lights mounted on each
tow truck or wrecker so as to warn approaching traffic of their presence.
The size and locations of these amber lights must conform to the New
Jersey Division of Motor Vehicle standards.
9.
All emergency flashing lights shall be such candlepower in intensity
as to be visible 1/4 mile away.
10.
One fire extinguisher (five pound carbon dioxide or dry powder).
11.
One broom, a debris container and a shovel.
12.
A minimum of five gallons of absorbent granules for cleaning up fluid
spills.
13.
All tow truck or wrecker operators and their agents and/or employees
are required to wear reflectorized traffic safety vests when working
at the scene.
14.
Detachable light bar with running, stop and turn lights.
15.
Dual rear wheels.
16.
Mirrors on the tow truck or wrecker must extend beyond the width
of the vehicle being towed to provide a clear line of sight.
[Ord. No. O-9-07 § 191-5]
Any person who wishes to be licensed to provide heavy-duty tow
truck or wrecker services for the Town Rotating Call List must meet
the following requirements:
a.
The licensee must own/lease at least one heavy-duty tow vehicle that
is hydraulic in nature to qualify under this section. In addition,
the following equipment is also required:
b.
All towing companies who provide heavy-duty tow truck or wrecker
services would require a minimum of a 25 ton, twin cable hydraulic
in nature, with under-reach capabilities. Trucks would have to have
the capabilities of towing an 80,000 pound vehicle.
c.
Dual rear wheels.
d.
Manufactured rating gross vehicle weight of 30,000 pounds. Manufacture
rating may be obtained from the factory where the truck originates.
Other written evidence of gross vehicle weight may be accepted, if
verified.
e.
Power takeoff controlled winch with a minimum cable thickness of
5/8 of an inch.
f.
All towing vehicles must have amber emergency lights mounted on each
tow truck or wrecker so as to warn approaching traffic of their presence.
The size and locations of these amber lights must conform to the New
Jersey Division of Motor Vehicle standards.
g.
All lights shall be of such candlepower in intensity as to be visible
1/4 of a mile away.
h.
One-half inch safety chain. The lift chain and the safety chain are
not to be attached in any form or manner on the same part of the tow
truck or wrecker.
i.
Air brakes.
j.
Connecting air lines for connection with the air compressor and air
brake lines of the towed vehicle.
k.
Detachable light bar with running, stop and turn lights.
l.
One fire extinguisher (five pound carbon dioxide or dry powder).
m.
One broom, shovel and debris container.
n.
Absorbent granules for cleaning up fluid spills.
o.
Must be equipped with portable lighting equipment when required.
p.
All tow truck or wrecker operators and their agents and/or employees
are required to wear reflectorized traffic safety vests when working
at the scene.
q.
In the event that a recovery of a heavy-duty vehicle is warranted,
the responding tow company shall assign a recovery supervisor to the
scene who must have obtained a Level 3 National Driver License Certification
or equivalent within nine months of availability and must have received
training in an industry-recognized course. Although all personnel
on the recovery scene do not need recovery training, each recovery
supervisor must meet the listed requirements.
[Ord. No. O-9-07 § 191-6]
[Ord. No. O-9-07 § 191-7]
a.
Investigation and inspection; approval or denial of application.
Upon receipt of an application in the case of tow truck or wrecker
operators either on or who seek to be listed on the Town Rotating
Call List as provided for herein, the Town Clerk's office shall cause
an investigation to be made of the applicant of the subject business
location. Inspection of the business location shall be made by both
assigned Police Officers and Code Enforcement Officials of the Town.
Said inspection shall be completed within 30 days. The Town Clerk's
office may request assistance from the Bureau of Police Protection
through the Chief of Police or his designee for the making and completion
of such investigation and inspections, or may delegate the inspections
of the vehicles to an independent person, who is not a tow truck or
wrecker operator, and who shall be qualified by experience and training
to make such inspection. An inspection report for each vehicle shall
be filed with the Town Clerks office and shall clearly indicate whether
each vehicle complies with the requirements and standards of this
section as set forth herein.
b.
The Bureau of Police Protection of the Town of Morristown shall conduct
a background check of the licensee, its officers, principals and employees
prior to the granting of a license within 30 days after receipt of
a completed application. A conviction for a crime and/or a motor vehicle
violation evidencing unsafe driving habits or a disregard for the
New Jersey Motor Vehicle Laws will be considered ample reason to disqualify
any applicant or a particular employee. Each prospective licensee
shall furnish with its application executed background check waivers
for all officers, principals and employees in the form provided by
the Bureau of Police Protection.
c.
A report by the person designated to make the inspection required pursuant to Subsection 3-29.4a herein shall be made to the Chief of Police or his designee as to whether the tow truck or wrecker is in compliance with the requirements and standards of this section.
d.
Upon completion of the investigation and inspection, the Chief of Police or his designee shall forward a report of his findings and a proposed classification of the applicant as light-duty motor vehicle accident, light-duty miscellaneous, heavy-duty motor vehicle accident, heavy-duty miscellaneous or not qualified for the Town Rotating Call List or private towing in accordance with the standards set forth in this section. The Town Clerk shall either refuse to approve the application or shall classify and refer the application to the Governing Body for approval pursuant to Subsection 3-29.6 hereof and shall inform the applicant of his decision. If the application is approved, the applicant shall supply the Town Clerk with the insurance policies or certificates as required.
[Ord. No. O-9-07 § 191-8; Ord. No. O-9-2010]
a.
Town rotating call list. The prospective licensee seeking qualification
for the Town Rotating Call List must, prior to the issuance of any
license, deposit with the Town Clerk the following insurance policies
or certificates, specifically naming the Town as an additional insured:
1.
Each operator shall maintain, during the term of their license, the
following minimum insurance coverage, naming the Town of Morristown
as an additional insured:
(a)
Automobile liability insurance issued by a financially sound
insurance corporation of, or authorized to transact business in, the
State, insuring the licensee and every tow truck operator against
liability imposed by law for damages because of bodily injury, including
death, sustained by any person and injury to or destruction of property,
including the loss of use thereof, caused by accident and arising
out of the ownership, maintenance or use of tow trucks of the licensee.
The amount of the limits of liability coverage to be offered by such
policy for light duty tow trucks or wreckers shall be $750,000 for
bodily injury to each person, $1,000,000 for bodily injuries in each
accident and $500,000 for property damage in each accident and for
heavy duty tow trucks or wreckers shall be $1,000,000 for bodily injuries
to each person, $1,500,000 for bodily injuries in each accident and
$1,000,000 for property damage in each accident.
(b)
Worker's compensation insurance, as required by the State of
New Jersey, including employer's liability coverage with a limit of
at least $100,000.
(c)
Comprehensive general liability insurance, in an amount of not
less than $1,000,000 for personal injuries, per occurrence, and $1,000,000
for property damage, per occurrence, including premises operations
and products/completed operations.
(d)
Garage keepers' policy in the amount of $1,000,000 for any one
claimant and $3,000,000 for more than one claimant, with $500,000
coverage for property damage for any one event. This policy must include
on-hook coverage of at least $100,000.
(e)
All policies of insurance shall contain an endorsement providing
for collision coverage for vehicles in tow.
2.
All policies of insurance shall contain an endorsement requiring
that at least 30 days' notice shall be given to the Town Clerk in
the event of any material change in or cancellation of the policy.
3.
The operator shall indemnify and hold harmless the Town of Morristown
from any claims for injury or property damage arising out of, or in
any way related to, the operation of any tow truck or wrecker, towing
service or storage yard, pursuant to this section. The operator shall
further defend the Town of Morristown, at the operator's expense,
in connection with any claim, suit or action brought against the Town
of Morristown, and arising out of the operation of any tow truck or
wrecker, towing or wrecking service or towing yard, pursuant to this
section.
4.
All policies of insurance shall be issued by insurance companies
authorized to do business in the State of New Jersey and shall remain
in full force and effect during the entire term of the license.
5.
No license shall be issued until an approved applicant files insurance
certificates verifying all of the above requirements. The insurance
certificates shall be filed with the Town Clerk.
6.
The insurance coverage carrier shall have an A.M. Best rating of
A or better.
7.
Any licensee who has a lapse in any insurance policy, for any reason
whatsoever, shall have his license immediately suspended. Upon notice
of lapse of coverage, the Town Clerk shall immediately serve notice
of suspension upon the licensee, with copy of said notice provided
to the Police Chief/designee. The suspension shall remain in effect
until such time as the insurance is restored.
b.
Private trespass towing/wrecking operators. The prospective licensee
seeking qualification for licensing within the Town as a private trespass
tow truck/wrecker operator must, prior to the issuance of any license,
deposit with the Town Clerk the following insurance policies or certificates:
1.
Each operator shall maintain, during the term of their license, the
following minimum insurance coverage:
(a)
Automobile liability insurance issued by a financially sound
insurance corporation of, or authorized to transact business in, the
State, insuring the licensee and every tow truck operator against
liability imposed by law for damages because of bodily injury, including
death, sustained by any person and injury to or destruction of property,
including the loss of use thereof, caused by accident and arising
out of the ownership, maintenance or use of tow trucks of the licensee.
The amount of the limits of liability coverage to be offered by such
policy shall be $750,000 for bodily injury to each person, $1,000,000
for bodily injuries in each accident and $750,000 for property damage
in each accident.
(b)
Worker's compensation insurance, as required by the State of
New Jersey, including employer's liability coverage with a limit of
at least $100,000.
(c)
Comprehensive general liability insurance, in an amount of not
less than $1,000,000 for personal injuries, per occurrence, and $1,000,000
for property damage, per occurrence, including premises operations
and products/completed operations.
(d)
Garage keepers' policy in the amount of $1,000,000 for any one
claimant and $3,000,000 for more than one claimant, with $500,000
coverage for property damage for any one event. This policy must include
on-hook coverage of at least $100,000.
(e)
All policies of insurance shall contain an endorsement providing
for collision coverage for vehicles in tow.
2.
All policies of insurance shall contain an endorsement requiring
that at least 30 days' notice shall be given to the Town Clerk in
the event of any material change in or cancellation of the policy.
3.
All policies of insurance shall be issued by insurance companies
authorized to do business in the State of New Jersey and shall remain
in full force and effect during the entire term of the license.
4.
No license shall be issued until an approved applicant files insurance
certificates verifying all of the above requirements. The insurance
certificates shall be filed with the Town Clerk.
5.
The insurance coverage carrier shall have an A.M. Best rating of
A or better.
6.
Any licensee who has a lapse in any insurance policy, for any reason
whatsoever, shall have his license immediately suspended. Upon notice
of lapse of coverage, the Town Clerk shall immediately serve notice
of suspension upon the licensee, with copy of said notice provided
to the Police Chief/designee. The suspension shall remain in effect
until such time as the insurance is restored.
[Ord. No. O-9-07 § 191-9]
The Clerk shall classify and refer an application to the Governing
Body for approval only when the following requirements have been met:
a.
The tow trucks or wreckers to be used, on inspection, meet with the
required minimum standards for the light-duty motor vehicle accident,
light-duty miscellaneous or heavy-duty motor vehicle accident or heavy-duty
miscellaneous.
b.
Adequate proof of the applicant's ability to produce insurance polices
as required herein has been submitted.
c.
The applicant and proposed operators are properly qualified to operate
and conduct a tow truck or wrecker service in the Town in accordance
with the requirements as are set forth in this section.
d.
All tow truck or wrecker operators are currently licensed drivers
by the States of New Jersey, New York or Pennsylvania and such license(s)
is (are) not presently revoked or suspended for any reason.
e.
The applicant is in compliance with all requirements of this section
and all other governing laws, statutes and ordinances.
f.
Each tow truck or wrecker has been properly licensed and inspected
by the State of New Jersey and has the necessary stickers affixed
thereto. No vehicle shall be licensed as a tow truck or wrecker which
is using dealer's license plates or which has failed the State inspection.
[Ord. No. O-9-07 § 191-10]
If the Town Clerk denies an application, a letter setting forth the reasons for the denial shall be sent by the Town Clerk's office by certified mail to the applicant within 72 hours of such decision. The applicant may thereafter request a hearing pursuant to Subsection 3-29.13 hereof.
[Ord. No. O-9-07 § 191-11]
No licensee may use a color scheme or name, monogram or insignia
that would conflict with or, in the opinion of the Chief of Police
or his designee, imitates any color scheme, monogram, name or insignia
used by any other person, firm, or corporation operating a tow truck
or wrecker or a towing agency in such manner as to be misleading or
tend to deceive or defraud the public.
[Ord. No. O-9-07 § 191-12; Ord. No. O-9-2010]
a.
All requests for towing or wrecking service made by the Bureau of
Police Protection shall be by rotation. The Bureau shall maintain
four rotating lists: light-duty motor vehicle accident; light-duty
miscellaneous; heavy-duty motor vehicle accident; and heavy-duty miscellaneous.
The Bureau shall, depending upon the vehicle(s) to be towed, call
the tow truck or wrecker service from the appropriate list by rotation
within said list. When, however, the owner or driver of the disabled
motor vehicle indicates a choice of a specific tow truck or wrecker
owner, that tow truck or wrecker owner should be called, and no tow
truck or wrecker shall be assigned from the rotating list.
b.
The rotation system shall be conducted in the following manner:
1.
The Town Clerk shall compile four lists of all licensees as provided
in this section designated as follows:
(a)
Light duty.
(1)
Light-duty motor vehicle accident: vehicles having a gross vehicle
weight of 8,000 pounds or less towed as a result of a motor vehicle
accident.
(2)
Light-duty miscellaneous: vehicles having a gross vehicle weight
of 8,000 pounds or less towed for impounds, disabled road service,
vehicle fires or other reasons.
(b)
Heavy duty.
(1)
Heavy-duty motor vehicle accident: vehicles having a gross weight
of 8,001 pounds or greater towed as a result of a motor vehicle accident.
(2)
Heavy-duty miscellaneous: vehicles having a gross weight of
8,001 pounds or greater towed for impounds, disabled road service,
vehicle fire or other reasons.
2.
The original and annual public reporting of the current lists of
designated towing contractors containing the company name, address,
telephone number and maximum towing fees shall be printed and circulated
in the municipality or County as appropriate. The annual reporting
of the list shall be available for inspection by any member of the
general public upon request and during regular business hours.
3.
Each owner, lessee or bailee of a tow truck or wrecker licensed hereunder
shall be placed on an initial call list, for light-duty motor vehicle
accident, light-duty miscellaneous, heavy-duty motor vehicle, heavy-duty
miscellaneous, or all if heavy-duty, based upon the date on which
the license is issued and upon the classification of the tow truck
or wrecker. Where an owner, lessee or bailee shall own or lease more
than one tow truck or wrecker classified for light-duty which shall
be assigned to the same areas, said owner's, lessee's or bailee's
name shall appear but once on said call list.
4.
Whenever the Bureau of Police Protection or any other department
summons a tow truck or wrecker, the owner, lessee or bailee at the
beginning of the list for the area concerned will be called. After
being summoned, such owner, lessee or bailee shall be placed at the
end of such list, whether or not said owner, lessee or bailee responds
to the call. Thereafter, the next licensee shall be called until the
rotation is completed.
c.
Right of inspection. The Chief of Police or his designee shall maintain due vigilance over all tow truck and wrecker operators listed on the Town Rotating Call List to ensure that they are kept in a safe condition for transporting and towing vehicles and shall have the right at all times to inspect all licensed tow truck or wreckers and shall maintain a record, in writing, of the report of all inspections. If at any time the Chief of Police or his designee shall find the equipment inadequate or unsafe, or that the licensee has violated any subsections of this section, including, without limit, the charging of fees or the requirements relative to the type of facilities or the amount of space which is to be available for accommodating and storing motor vehicles, the Chief of Police or his designee shall have the power to demand immediate correction, and if not corrected promptly and properly, shall then have the power to issue a notice of violation in accordance with Subsection 3-29.15 hereof.
d.
Response time for Town Rotating Call List operators.
1.
After being requested by a dispatcher or desk officer of the Bureau
of Police Protection, approved tow truck or wrecker operators shall
respond to the scene within 20 minutes between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Friday, except State holidays, and within
25 minutes at all other times, unless such response time is prevented
by extraordinary conditions of weather or other extraordinary circumstances
resulting in obstruction of general access to the scene.
2.
A tow truck or wrecker operator shall immediately dispatch a tow
truck or wrecker when requested by the desk officer to respond to
an emergency situation.
3.
A tow truck or wrecker operator shall not remove any vehicle from
the scene without proper authorization from the police officer in
charge.
4.
A tow truck or wrecker operator's drivers shall not turn around,
back up, tow in the opposite direction of normal traffic flow, cross
a median or otherwise operate to obstruct or to create a potentially
hazardous traffic condition unless directed to do so by the Police
Officers present at the scene and under their direction and supervision.
e.
Protection and storage of towed vehicles for Town Rotating Call List
operators.
1.
The licensee shall be responsible for any damages occurring to a
vehicle due to the licensee's negligence after he has taken possession
of same and until the owner or his representative reassumes possession.
2.
Each light-duty storage facility must be of sufficient size to accommodate
at least 10 vehicles at the business location. Each business location
must contain at least 3,000 square feet of usable vehicle storage
space, whether indoors or within a secured fenced-in area, or both.
Each heavy-duty storage facility must be of sufficient size to accommodate
at least one tractor trailer at the business location.
3.
All storage facilities must be located within the Town of Morristown
or Township of Morris and have office personnel normally available
on site to arrange for the release and return of stored vehicles from
8:00 a.m. to 6:00 p.m., Mondays through Fridays, without advance arrangements
and from 8:00 a.m. to 12:00 p.m. (noon), on Saturdays, when requested
by the owner of a towed vehicle or his agent, except on State holidays.
During all other times, operators shall be reasonably available to
accommodate the release of vehicles in emergent situations on an on-call
basis, subject to a response charge which shall not exceed $75. "On-call"
hours are defined as Monday to Friday 6:00 p.m. to 6:00 a.m., Saturday
12:01 p.m. to 6:00 a.m. Monday.
4.
It is recognized by the Town that the licensee's yard may be utilized
for purposes other than the needs of the Town. However, the licensee
will be required to keep available enough space to meet the prescribed
license requirements at all times.
5.
When the Town directs the tow truck or wrecker company to tow and
place in storage a motor vehicle found abandoned, the rules and regulations
prescribed in N.J.S.A. 39:10A-1 shall apply. The Town will use its
best efforts to assist in the disposal of the abandoned vehicle within
the time frames prescribed under State statute.
f.
Conduct of Town Rotating Call List operators generally. A tow truck
or wrecker license hereunder shall be issued subject to the following
conditions:
1.
No person owning or operating a tow truck or wrecker or other towing
vehicles, while waiting for assignment, shall stand at any public
street or intersection or any public or private property, other than
his own, without first obtaining the consent of the Police Officer
in charge (of clearing the accident scene or of removing any disabled
vehicles) or from the owner of the property.
2.
No person owning or operating a tow truck or wrecker licensed under
this section shall permit or invite loitering within or near his tow
truck or wrecker.
3.
No person shall solicit or attempt to divert prospective patrons
of another tow truck or wrecker nor shall be solicit or divert prospective
patrons of a requested garage in the Town to another garage.
4.
No person shall solicit, demand or receive from a person any commission
or fee except the proper fee for transporting the vehicle.
5.
No person shall intercept Police calls by radio or obtain information
as to the location of the scene of an accident or disabled vehicle
by means of interception of Police radio calls for the purpose of
procuring towing business.
6.
No person shall pay any gratuity, tip or emolument to any third person
not involved in the accident or to any Police Officer for any information
as to the location of any accident or for soliciting the employment
of the licensee's services nor give any gratuities, fees or other
compensation or gifts to any members of the Bureau of Police Protection.
7.
The licensee who is called to the scene of an accident or other type
incident shall be required to clean up the debris at the scene of
the incident or accident, to the satisfaction of the Police Officer
in charge at the scene.
g.
Town Rotating Call List operators hours of service; communication
equipment.
1.
Tow truck or wrecker services must be provided on a twenty-four hour,
seven day-per-week basis.
2.
The licensee shall accept a minimum of two major credit cards 24
hours per day and must be able to do so both at the principal location
and by drivers on the road at the time service or tow is performed.
h.
Town Rotating Call List operators record of vehicles towed; unclaimed
vehicles.
1.
Every person owning a licensed tow truck or wrecker shall keep a
copy of the motor vehicle tow report, which shall be prepared by or
at the direction of the Morristown Police Officer in charge of the
scene. Said report shall assign an incident number; indicate the date
and time that the vehicle was towed, serviced or transported; indicate
a reason for the towing; state the make, model and color of the vehicle;
the vehicle's license plate and State of registration; the name and
address of the owner of the vehicle; and state the name and badge
number of the officer who directed the tow.
2.
Every person owning a licensed tow truck or wrecker shall provide
the Bureau of Police Protection with the following information regarding
vehicles which are unclaimed for over 15 days: (1) year, make, color
and vehicle identification number; and (2) owner's name and address,
if available.
i.
Town Rotating Call List register of tow truck or wreckers; identification
cards; driving record.
1.
The commanding officer of the Traffic Division of the Morristown
Bureau of Police Protection shall call for a register to be kept of
the names of all those owning or operating tow trucks or wreckers
licensed under this section, together with the license number and
the description of such tow trucks or wreckers, and the date and complete
record of inspection made of each of them.
2.
All operators must have a currently valid New Jersey, New York or
Pennsylvania driver's license and maintain a safe driving record.
j.
Additional rules and regulations regarding the rotation of tow trucks
or wreckers as may be promulgated hereunder by the Town Clerk shall
take effect immediately after service of a copy thereof to all holders
of licenses for tow trucks or wreckers in the Town, which may be made
by addressing the same to the licensees by mail at their last known
addresses. If, pursuant to the rules and regulations for rotation
of tow trucks or wreckers adopted under this section, the Bureau of
Police Protection summons a tow truck or wrecker to the scene of an
accident for the purpose of removing a vehicle and the owner of the
disabled vehicle declines to use the services of the tow truck or
wrecker summoned and indicates that he prefers to have the vehicle
handled by another tow truck or wrecker, the officer in charge shall
authorize the summoned tow truck or wrecker to go to the garage designated
by the owner of the disabled vehicle. In any event, the summoned tow
truck or wrecker shall be entitled to collect towing charges from
either the owner of the disabled vehicle or the owner of the garage
to which the vehicle is towed at the discretion of its owner.
k.
A tow truck or wrecker company that cannot respond when called shall
not have any other tow truck or wrecker company, whether on the rotation
list or not, respond in its place. The next tow truck or wrecker on
the list shall be called to respond by the Bureau of Police Protection.
l.
Any tow truck or wrecker company unable to respond to four or more
police requests per month may be subject to removal from the approved
list.
[Ord. No. O-09-2010; Ord. No. O-15-2014; amended 9-8-2020 by Ord. No. O-26-2020]
Any tow truck or wrecker services provided shall be at the following
rates:
|
1.
|
Base Charge for Towing
|
Day or Night
|
|
Standard tow vehicles below 10,000 lbs. GVW
|
$150
| |
|
Flatbed tow vehicles below 10,000 lbs. GVW
|
$150
| |
|
Vehicles 10,000 lbs. to 26,000 lbs.
|
$280
| |
|
Vehicles over 26,000 lbs.
|
$475 per hour (1-hour minimum)
|
2.
Special Services Required.
(a)
A charge of $240 per hour for winching and/or other preparation
prior to towing (to be billed in one-quarter-hour increments, with
a minimum charge of 1/2 hour).
(b)
Charge of $120 per hour for additional labor (to be billed in
one-quarter-hour increments, with a minimum charge of 1/2 hour).
(c)
Heavy-duty and recovery winching: a charge of $550 per hour
for winching and/or other preparation prior to towing (to be billed
in one-quarter-hour increments, with a minimum charge of 1/2 hour).
(d)
Cleanup materials. This item is to be a separate line item and
itemized on each bill that its use is required. Reasonable rates are
encouraged when billing for this item.
(e)
Post-Accident Service Charges. Charges for post-accident services,
including, but not limited to, services such as physical inspection,
telephone and/or fax calls, removal or personal items and additional
paperwork, are to be billed at approximately 50% of tow rate as a
one-time fee.
(f)
Vehicle Removal Charge. Charge for a motor vehicle towed into
the storage facility of the primary tower that is not movable and
must be towed out of the primary tower's storage facility to a public
street for towing by the secondary tower shall be billed at approximately
50% of the tow rate as a one-time fee.
3.
Storage Charges (Per day for vehicles not claimed within 12 hours).
|
Outside Secured Storage
|
Fee
|
|---|---|
|
Passenger vehicles
|
$45
|
|
Large trucks
|
$115
|
|
Tractor-trailer
|
$225
|
|
Vehicles over 22 feet in length
|
To be charged double rate
|
|
Inside secured storage passenger vehicles (only if directed
by Police)
|
$70
|
4.
Administrative Charge. An administrative fee of $25 shall be paid to the Town of Morristown for each vehicle towed in accordance with this section. This fee shall be paid to the Town on a monthly basis upon the filing of monthly reports as required by Subsection 3-29.15.
5.
Every operator of a tow truck or wrecker shall give the owner of
the vehicle a written receipt for the fee paid, when requested, in
accordance with the rates posted for the services which are required
or directed to be rendered.
6.
In the event an operator has been summoned by the Town for the purpose
of towing an abandoned vehicle, and, if the owner of such abandoned
vehicle appears on the scene before the vehicle is hooked to a tow
truck or wrecker, then the towing operator shall make no charge in
such instance.
7.
The towing operator shall be permitted to charge an additional fee
based on the towing operator's prevailing hourly labor rates and charges
for parts or materials for any road repair services provided in addition
to those already defined herein. It shall be the responsibility of
the tow operator to first inform the owner/operator of the vehicle
of the hourly rates and the estimated total costs for parts and/or
materials and receive written consent from the owner/operator, prior
to the performance of such additional road repair services.
[Ord. No. O-9-2010; Ord. No. O-15-2014]
The application of any operator for a license pursuant to this
section shall imply an agreement by the operator that, upon the issuance
of a license, the licensee shall indemnify the Town of Morristown
against all statutory, common law or contractual claims of third parties
relating to any acts or services performed or rendered or which failed
to be performed or rendered by the licensee. Any formal agreement
to provide said indemnification shall be in such form as is approved
by the Town Attorney and shall be properly executed by the operator
and attested to by an authorized notary of the State of New Jersey.
[Ord. No. O-15-2014]
a.
Every person authorized to tow hereunder shall record in a book kept
solely for such purpose the details of each vehicle towed, serviced
or transported together with full information concerning the name
of the owner of the towed vehicle and the fee paid for his/her services.
The record book shall be kept open for inspection at all times by
any authorized representative of the Town.
b.
Each licensee shall submit to the Chief of Police, by the 5th day
of each month, a written report listing all vehicles towed during
the previous month and the fees charged. The monthly reports should
also identify the towed vehicles currently in storage.
c.
Each licensee will comply with any other requirement of this Ordinance.
[Ord. No. O-9-07 § 191-13; Ord. No. O-9-2010; Ord.
No. O-15-2014]
a.
If any of the provisions of this section are alleged to have been
violated or if an application is denied, the licensee or applicant
shall be notified of any noncompliance or denial by registered mail.
b.
The notice shall state the specific provision(s) of this section
which it is alleged has been violated or the reasons for denial of
any application.
c.
In the event of a violation notice, the notice shall further state
that, upon request, if made by the licensee within 15 days of the
receipt of said notice, the official issuing the notice of violation
shall meet with the licensee to discuss the basis for the determination
that a violation exists and any proposed means of eliminating any
violations. That meeting shall take place within 30 days of said request.
Following any such meeting, the official issuing the notice of violation
may rescind the notice if it is determined that there was no violation
or in the event the alleged violation is otherwise eliminated. The
official may also grant time for the correction of any violation upon
request.
d.
If, within 30 days after mailing the notice of violation, or within 30 days after the aforesaid meeting, in the event a meeting is requested and does not resolve the dispute in a mutually acceptable manner, the licensee has failed to correct the violation or reason for noncompliance, the licensee shall be penalized in accordance with this § 3-29.
e.
A licensee or applicant may appeal from a decision to impose a penalty
or a decision not to grant a license within 15 days of the date of
receipt of a penalty notice or a notice that a license has not been
granted. The licensee or applicant shall file a letter of appeal from
the decision and request a hearing before the Town Council. Upon receipt
of such letter of appeal, the Town Council shall, by resolution, appoint
a hearing officer to hear and determine the appeal and set a date
for a hearing. The hearing officer shall schedule a hearing not less
than 10 nor more than 30 days from the date of service of the complaint.
[Ord. No. O-9-07 § 191-14; Ord. No. O-9-2010; Ord.
No. O-15-2014]
a.
Town rotating call list.
1.
For a violation of any provision of this section, licensees listed
on the Town Rotating Call List shall be subject to the following penalties:
(a)
First violation in any given calendar year will result in a
warning letter.
(b)
Second violation in any given calendar year may result in a
suspension not greater than 15 days from the Police Tow List.
(c)
Third violation in any given calendar year may result in a suspension
from the Police Tow List not greater than for a period for the remainder
of the calendar year or for 90 days, whichever is greater.
(d)
For violation of any of the provisions under this section, the
maximum penalty shall, upon conviction of a violation, be a fine not
to exceed $2,000 or imprisonment for a period not to exceed 90 days,
or both.
2.
For a violation of the tow truck response time limits, Police Tow
List Tow Truck Licensees shall be subject to the following penalties.
(a)
First violation in any given calendar year may result in a warning
letter.
(b)
Second violation in any given calendar year may result in a
suspension not greater than seven days from the Police Tow List.
(c)
Third violation in any given calendar year may result in a suspension
not greater than 28 days from the Police Tow List.
(d)
Fourth violation in any given calendar year may result in a
suspension from the Police Tow List not greater than for a period
for the remainder of the year or for 56 days, whichever is greater.
b.
Private trespass tow and wrecker operators. For violation of any
of the provisions under this section, the maximum penalty shall, upon
conviction of a violation, be a fine not to exceed $2,000 or imprisonment
for a period not to exceed 90 days, or both.
[Ord. No. O-9-07 § 191-15; Ord. No. O-9-2010; Ord.
No. O-15-2014]
The municipal officers and/or agencies designated to enforce
the provisions of this section in accordance with due process of law
are the Morristown Town Police Chief and/or his designee and the Morristown
Town Zoning and Code Enforcement Officer, where applicable.
[Ord. No. O-9-07 § 191-16; Ord. No. O-9-2010; Ord.
No. O-15-2014]
As previously stated herein, the termination or expiration of
any of the insurance coverages which are required herein shall be
cause for the immediate suspension of a tow truck's or wrecker's license
unless renewal or replacement of such coverage is timely made in compliance
with the applicable requirements as are set forth hereinabove.
[Ord. No. O-9-07 § 191-17; Ord. No. O-9-2010; Ord.
No. O-15-2014]
This section shall become effective immediately upon publication
of appropriate notice of the adoption of this section and shall be
applicable to each existing licensee at the time of renewal of such
license. Any person who has a valid unexpired license, which was issued
in accordance with the previous ordinance may continue to operate
under such license, but shall be subject to all of the provisions
of this section, except for such provisions as only address the requirements
and procedures for the issuance of a tow truck's or wrecker's license
pursuant to this section.
[Ord. No. O-14-11]
No person shall within a commercial establishment purposely
interfere with, hinder, disturb, or obstruct any retail or wholesale
business operation, function or activity, nor shall any person within
a commercial establishment purposely interfere with, hinder, disturb,
or obstruct any retail or wholesale business owner, employee, agent,
or personnel acting in the furtherance of the interests of that business
with the intent to prevent, undermine, or otherwise obstruct the lawful
retail or wholesale practices of the business. This section shall
not apply to conduct considered lawful competitive economic practice.
[Ord. No. O-14-11]
Any person who shall violate any subsection or part of a subsection of this section shall upon conviction in the Municipal Court of the Town of Morristown, be subject to the minimum penalty of $500 payable to the Court and a maximum fine to be determined by Subsection 1-5.1 of the Code of the Town of Morristown.
[Ord. No. O-31-12]
No person or company shall destroy or aid or abet in destroying
any public or private building or public works. No person shall injure
or damage, tarnish, deface, besmirch or tamper with, including but
not limited to any public or private building, work, or other public
or private property, tree, light or traffic post, fence, streetlight,
or streetlight post, telephone, telegraph, or electric power pole,
fire hydrant or other above ground facility, monument, statue, flagpole
or contents and fixtures in or a part of any public area within the
Town of Morristown.
[Ord. No. O-31-12]
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5, and each violation shall be deemed and taken to be a separate and distinct offense. This penalty shall be in addition to any fees for the repair of such public property destroyed, injured, damaged, tarnished, defaced, besmirched or tampered with.
[Ord. No. O-2-2014]
For the purposes of this section, the following words shall
have the meanings described herein:
Approaching or speaking to a person or following a person before,
during or after soliciting, asking or begging, if that conduct is
intended or is likely to cause a reasonable person to:
Fear bodily harm to oneself or to another, damage to or loss
of property or the commission of an offense under the New Jersey Code
of Criminal Justice upon oneself or another;
Otherwise be intimidated into giving money or other thing of
value; or
Suffer unreasonable inconvenience, annoyance or alarm.
Intentionally touching or causing physical contact with another
person or with an occupied vehicle, without that person's consent,
in the course of soliciting, asking or begging.
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to
avoid physical contact.
Using violent or threatening gestures toward a person solicited.
See "beg."
A device linked to a financial institution's account records
which is able to carry out transactions, including, but not limited
to, account transfers, deposits, cash withdrawals, balance inquiries
and mortgage and loan payments.
The area comprised of one or more automated teller machines
and any adjacent space which is made available to banking customers
after regular banking hours.
Any banking corporation as defined in the United States Code
or the New Jersey statutes.
Using the spoken, written or printed word or bodily gestures,
signs or other means with the purpose of obtaining an immediate donation
of money or other thing of value or soliciting the sale of goods or
services.
Any person or entity duly licensed by the New Jersey Department
of Banking to engage in the business of cashing checks, drafts or
money orders for consideration pursuant to the provisions of the New
Jersey banking laws.
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, any street, highway,
parking lot, plaza, transportation facility, school, place of amusement,
park, playground and any hallway, lobby and other portion of an apartment
house or hotel not constituting a room or apartment designed for actual
residence. Public places shall also include door-to-door begging in
an aggressive manner as defined herein.
See "beg."
[Ord. No. O-2-2014]
No person shall:
a.
Solicit, ask or beg in an aggressive manner in any public place.
b.
Solicit, ask or beg within 10 feet of any entrance or exit of any
bank or check cashing business during its business hours or within
10 feet of any automated teller machine during the time it is available
for customers' use; provided, however, that when an automated teller
machine is located within an automated teller machine facility, such
distance shall be measured from the entrance or exit of the automated
teller machine facility; provided, further, that no person shall solicit,
ask or beg within an automated teller machine facility where a reasonable
person would or should know that (s)he does not have the permission
to do so from the owner or other person lawfully in possession of
such facility. Nothing in this subsection shall be construed to prohibit
the lawful vending of goods and services within such areas.
c.
Solicit, ask or beg within 10 feet of any entrance or exit of any
school and/or parking area of the school, whether public or private,
and including day care facilities and preschools or other early learning
facilities, during school hours and during drop off and pick up times.
d.
Approach an operator or other occupant of a motor vehicle while such vehicle is located on any street for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in Subsection 3-32.1 provided, however, that this subsection shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
[Ord. No. O-2-2014]
The provisions of this section shall not apply to any unenclosed
automated teller machine located within any building, structure or
space whose primary purpose or function is unrelated to banking activities,
including but not limited to, supermarkets, airports and school buildings,
provided that such automated teller machine shall be available for
use only during the regular hours of operation of the building, structure
or space in which such machine is located.
[Ord. No. O-2-2014]
[Added 9-14-2021 by Ord. No. O-21-2021]
a.
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m. on weekdays and between the hours of 6:00 p.m. and 9:00
a.m. on weekends. All motorized equipment used in these activities
shall be operated with a muffler and/or sound reduction device.
b.
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g. commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial or public (e.g. golf course, parks, athletic fields) property
between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays.
All motorized equipment used in these activities shall be operated
with a muffler and/or sound reduction device.
c.
No construction and demolition activity, excluding emergency work,
shall be performed between the hours of 6:00 p.m. and 8:00 a.m. on
weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
and federal holidays. All motorized equipment used in construction
and demolition activity shall be operated with a muffler and/or sound
reduction device. In the case of emergency work, the Construction
Official may issue a permit to allow such activities during other
hours for a period not to exceed three days while the emergency continues.
The said permit may be renewed for periods of three days or less while
the emergency continues.
