[1]
Editor's Note: The general power to license and to prescribe license fees is contained in N.J.S.A. 40:52-1, 2. Licensing is also a part of the general police power granted by N.J.S.A. 40:48-2.
[Ord. No. 10-1973, § 7-1]
The purpose of this section is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Township, except alcoholic beverage licenses and dog licenses and except as may be specified otherwise or provided elsewhere in this chapter.
[Ord. No. 10-1973, § 7-1.2]
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Township Clerk upon forms provided by him. Applications shall contain the information specified by resolution of the Township Council and may include the following along with any other information deemed necessary or specifically called:
a.
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
b.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
c.
If a vehicle is to be used, its description including the license number.
d.
If the applicant is employed by another, the name and address of the employer together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed activity will be conducted.
f.
A description of the nature of the business and the goods, property or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
i.
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
[Ord. No. 10-1973, § 7-1.3]
Each application shall be referred to the Chief of Police or a police officer designated by him, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. He shall communicate his findings in writing to the Township Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant's character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, he shall disapprove the application and the clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Township Clerk shall issue the license immediately, provided the required license fees have been paid, except in cases where approval of the Township Council is required. In the case of an application for a solicitor's, peddler's or canvasser's license, the license may be issued immediately subject to investigation. In the event of the refusal of the issuance of a license, the applicant may appeal to the Township Council for hearing. The appeal shall be filed, in writing, with the Township Clerk within 14 days after notification of the refusal. The Township Council shall hold its hearing within 10 days thereafter, and its decision shall be final.
[Ord. No. 10-1973, § 7-1.4]
Licenses shall be in a form which the Township Council shall prescribe by resolution and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed activity.
c.
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Chief of Police may request and the township committee may require by resolution.
[Ord. No. 10-1973, § 7-1.5]
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Council and shall contain the same information as is required by Subsection 4-4.4. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is new or a renewal and any other information which the Township Council may require by resolution.
[Ord. No. 10-1973, § 7-1.6]
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his possession at all times and shall display it upon the request of any police officer or any person with whom he is doing business.
[Ord. No. 10-1973, § 7-1.7]
Except as otherwise provided, a license shall apply only to the person to whom it was issued and shall not be transferable to another person. In cases where the licensed activity is conducted at a fixed location, licenses may be transferred from place to place, but only with the approval of the Township Council by resolution. The fee for the transfer of a license from place to place shall be $5.
[Ord. No. 10-1973, § 7-1.8]
a.
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
b.
When an application for a license is made during the course of any calendar year, the fee shall be prorated to the nearest month. Any period of time greater than 1/2 a month shall be considered as a full month for this purpose.
[Ord. No. 10-1973, § 7-1.9]
Any license or permit issued by the Township may be revoked by the Township Council after notice and a hearing for any of the following causes:
a.
Fraud or misrepresentation in any application for a permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
c.
A violation of any provision of this Revision.
d.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
e.
Conduct of the licensed activity whether by the licensee himself or his agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
f.
Whenever a license has been issued immediately upon an application pending the results of the investigation provided for by this chapter, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
[Ord. No. 10-1973, § 7-1.10]
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[Ord. No. 10-1973, § 7-1.11]
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Council shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
[Ord. No. 10-1973, § 7-1.12]
The Township Council may issue another license to a person whose license has been revoked or denied as provided in this section if after a hearing it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
[Ord. No. 10-1973, § 7-1.13]
The Township Council may by resolution make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of administering the provisions of this chapter or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
[Ord. No. 10-1973, § 7-2.1]
As used in this section:
Any person, whether a resident of the Township or not, traveling from place to place by foot or any type of conveyance, transporting merchandise, food, beverages, or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. "Hawkers", "hucksters" and "vendors" are included.
[Ord. No. 10-1973, § 7-2.2; Ord. No. 3-1985]
a.
It shall be unlawful for any person to engage in the business of a peddler within the corporate limits of the Township without first obtaining a permit.
b.
In addition to the investigation procedures outlined in Subsection 4-1.3, the Township Clerk shall forward the application to the Director of Public Safety for investigation and registration in accordance with the following:
1.
Name, address, age and citizenship of licensee.
2.
History of any conviction of any crime involving moral turpitude.
3.
Each such licensee shall be required to be fingerprinted once under the supervision of the Public Safety Director. The fingerprints shall be marked "non-criminal" and shall be filed with the Public Safety Director.
4.
Any other relevant information requested by the Public Safety Director or his designee.
5.
The Public Safety Director or his designee shall investigate all such licensees.
6.
The annual register fee shall be $10 per licensee.
c.
The Township reserves the right to limit the number of peddlers licenses granted under this provision.
[Ord. No. 10-1973, § 7-2.3; Ord. No. 3-1985; Ord. No. 3-1990]
Every permit issued by the Township Clerk under the provisions of this section shall be for such period as the Township Council may determine not to exceed one year in duration. A separate permit shall be required for each vehicle used by a peddler in the conduct of his business. Each peddler shall pay to the Clerk for the use and benefit of the Township an annual fee of $275 for every permit granted.
[Ord. No. 10-1973, § 7-2.4; Ord. No. 3-1985]
Each licensee is required to display at all times during hours of operation an identification card issued by the Director of Public Safety upon the successful completion of the Director's investigation and registration of the licensee.
[Ord. No. 10-1973, § 7-2.5]
No peddler without a vehicle shall conduct his business unless he has in his possession and carries with him the permit issued pursuant to the provisions of this chapter.
[Ord. No. 10-1973, § 7-2.6]
No peddler shall keep, sell, offer for sale, display or transport merchandise intended for human consumption which is decayed, contaminated, unclean, deleterious, or in any manner rendered unwholesome or unfit for human use.
[Ord. No. 10-1973, § 7-2.7; Ord. No. 3-1985]
a.
No peddler shall keep, sell, offer for sale, display or transport merchandise intended for human consumption unless the merchandise is protected from dust, dirt, flies and other contamination; nor shall any merchandise intended for human consumption be deposited or allowed to remain within a distance of two feet above the surface of any sidewalk, street or other public place, unless it shall be contained in receptacles so as to be protected from dogs and other animals and their excretions.
b.
No peddler shall keep, sell, offer for sale or display any candy or bakery products intended for human consumption unless the candy or bakery products are separately wrapped in paper or contained in a cardboard box or other dust and flyproof wrapper or container.
c.
Each licensee shall be required, in addition to adhering to all Board of Health rules and regulations of the Township, to obtain a Food Handler's Permit within one year of the issuance of the initial license.
[Ord. No. 10-1973, § 7-2.8]
a.
All peddlers shall allow any member of the Board of Health to inspect freely and fully all merchandise held or kept by them or intended for sale.
b.
Upon any merchandise being found by any member of the Board of Health in a condition which renders it in his opinion unfit for human use or consumption, the member of the Board of Health is hereby empowered to immediately condemn, and when possible, denature the merchandise and cause it to be destroyed or removed.
When so directed by any member of the Board of Health, a peddler shall immediately destroy and remove any condemned merchandise. No peddler shall keep, sell, offer for sale or display any merchandise so condemned.
[Ord. No. 10-1973, § 7-2.9]
Upon the filing of complaint against any peddler by any member of the Board of Health, the permit or permits of the peddler shall be automatically suspended pending a hearing on the complaint. The Township Council may revoke the permit of any peddler who has been convicted of violating any of the provisions of this section.
[Ord. No. 10-1973, § 7-2.10; Ord. No. 3-1993, § 1]
No peddler shall have any exclusive right to any location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
Any peddler operating from a motor vehicle, whose business has the capacity to be, and typically is, operated by moving from place to place without undue impediment, shall not remain in the same location or general area for a period of more than 10 minutes at any one time, or in any one day. Such peddlers shall make their products available to all residents and visitors of the Township on substantially an equal basis, subject to any other restrictions of this chapter.
[Ord. No. 10-1973, § 7-2.11]
No person shall sell, offer for sale, hawk or peddle in the Township any of the items listed in Subsection 4-2.1 before 9:00 a.m. or after 5:00 p.m. or on Sundays or holidays.
[Ord. No. 10-1973, § 7-2.12]
It shall be the duty of any police officer of the Township to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's permit and to enforce the provisions of this section against any person found to be violating the same.
[Ord. No. 10-1973, § 7-2.13]
This section shall not be construed to include:
a.
The delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house to house basis at intervals of less than one week.
b.
Federal census takers and polls or surveys taken pursuant to Federal, State or local laws.
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a permit, but shall be required to comply with all other applicable sections of this chapter.
[Ord. No. 12-1978, § 2]
No person, except as provided in this section, shall canvass, solicit, distribute circulars or other matter, or call uninvited from house to house within the Township without first having reported to and received a written permit from the Director of Public Safety or the officer in charge at police headquarters, if such canvassing, soliciting, distributing or calling is in any way connected or related to a commercial activity or activity designed for profit.
[Ord. No. 12-1978, § 3]
Any person seeking a permit from the Director of Public Safety or the officer in charge at Police Headquarters shall provide the following information to the Director of Public Safety or officer in charge:
a.
Name of person conducting activity;
b.
Address and telephone number of person conducting activity;
c.
Description of activity intended to be performed, including copies of any written or printed matter to be utilized in connection with the activity;
d.
Date and place of birth and social security number of the person.
e.
A list of any arrests of the person, including the date and offenses charged;
f.
A list of any conviction of the person, including dates of offenses and the sentences that were rendered and place where so rendered; and
g.
The proposed dates and hours of activity.
[Ord. No. 12-1978, § 4]
Each applicant shall be fingerprinted and photographed at the time of making the application.
[Ord. No. 12-1978, § 5]
Each applicant shall pay to the Township an application fee of $25.
[Ord. No. 12-1978, § 6]
The Director of Public Safety shall issue a permit within 48 hours of application, excluding Saturdays and Sundays, to each applicant providing, in the reasonable discretion of the Director of Public Safety, that the applicant has not demonstrated in the recent past that he has committed crimes of violence against persons or property and would not constitute a reasonable danger to the residents of the Township; and provided further that the number of solicitors and amount of material, if any is to be distributed, will not create an annoyance or nuisance to the residents of the Township.
[Ord. No. 12-1978, § 7]
In the event that the Director of Public Safety or the officer in charge at Police Headquarters shall deny an application for a permit, he shall provide to the applicant his reasons in writing. The applicant may in writing appeal within five days of the denial to the Township Council for a reconsideration of the denial. The Township Council shall provide for a hearing on the denial within two weeks from the date of the appeal and may require testimony under oath to be taken at the hearing. The Township Council shall make its decision after hearing within 24 hours.
[Ord. No. 12-1978, § 8]
No person shall perform any activity set forth in Subsection 4-3.1 without license.
[Ord. No. 12-1978, § 9]
No person with a valid license shall perform any activity set forth in Subsection 4-3.1 except between the hours of 8:00 a.m. and 8:00 p.m.
[Ord. No. 5-2001, § 1]
For purposes of this section, the following words and phrases shall have the meanings set forth below:
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced matter or literature, which:
Advertises for sale, lease, exchange or other consideration anything whatsoever, tangible or intangible, including but not limited to any goods, service, product, merchandise or commodity; or
Directs attention to or promotes any business enterprise or commercial activity whatsoever. Provided, however, that this definition shall not be construed to include any regularly published daily or weekly newspaper.
Includes any person, firm, partnership, association, corporation, company, organization or entity of any kind.
Includes any dwelling, house, building or other structure within the Township of Weehawken which is designed or used either wholly or in part for residential purposes, whether inhabited or uninhabited, and shall include all yards, grounds, walks, driveways, porches, steps, vestibules and mailboxes belonging or appurtenant thereto.
Includes any and all streets, sidewalks, avenues, lanes, alleys or other public ways and any and all public parks, spaces, plazas, grounds, and buildings.
[Ord. No. 5-2001, § 2]
a.
Distribution in or upon public places. It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial handbill in or upon any public place within this Township, provided that it shall not be unlawful for any person to hand out or distribute any commercial handbill in any such public place to any persons who indicate their willingness to accept the same.
b.
Distribution on vehicles. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle, provided that it shall not be unlawful for any person to hand out or distribute any handbill to the owner or occupant of any such automobile or other vehicle who indicates their willingness to accept the same.
c.
Distribution on private premises. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a location which is visible from the entrance thereto a sign bearing the words "No Handbills," "No Commercial Handbills, No Advertisements" or "No Peddlers, Solicitors or Agents" or any similar notice, indicating in any manner that the occupants or owners of said premises do not desire to have any commercial handbills left upon such premises; provided, however, that the distribution of a commercial handbill directly to the owner or occupant of such premises, who indicates they are willing to accept the same, shall not be unlawful.
The prohibitions of this section shall not apply to the distribution of commercial handbills to subscribers thereof, nor to any commercial handbill which has been deposited for delivery through the U.S. Postal Service.
[Ord. No. 5-2001, § 3]
All commercial handbills distributed in the Township must have printed thereon, the name(s) and address(es) of the person(s) or entity(ies) which caused the same to be printed and distributed.
[Ord. No. 5-2001, § 4]
It shall be unlawful for any person to distribute a commercial handbill within the Township without first obtaining a municipal license therefor pursuant to Subsection 4-3A.5, and complying with the terms of all other applicable laws, ordinances and regulations; except that this section shall not apply to the distribution of commercial handbills to subscribers thereof, nor to the delivery of any commercial handbill by the U.S. Postal Service.
[Ord. No. 5-2001, § 5]
Any person desiring to engage in the distribution of commercial handbills for which a license is required hereunder, shall make application therefor to the Director of Public Safety or his designee in the manner and for the period prescribed by the terms of this section on forms provided for that purpose.
[Ord. No. 5-2001, § 6]
Such application form shall require the applicant to give the following information in writing and under oath:
[Ord. No. 5-2001, § 7]
Each applicant shall pay to the Township a nonrefundable application fee of $25.
[Ord. No. 5-2001, § 8]
The Director of Public Safety or his designee shall issue a license to applicants who have complied with the terms and met the requirements of this section, provided that no license shall issue to an applicant who has ever been convicted of or who has any criminal charges pending.
The license shall be effective for the period required to complete the distribution of any one commercial handbill item, and the fee required for the distribution of each such item shall be $10. A license authorizing distribution of any number of items at any time during the course of any calendar year will be issued upon the payment of a license fee of $250 for all or any part of the calendar year. Such license shall expire on December 31 of each year.
Each license issued shall indicate thereon that the licensee is authorized to distribute commercial handbills in accordance with the terms of this section. The licensee shall carry the license on his or her person during the times they are distributing commercial handbills and exhibit the same upon demand to any resident or citizen of the Township or any member of the Police Department.
[Ord. No. 5-2001, § 9]
No license issued under this section shall be transferable, and in the event any such license shall be surrendered or revoked, no part of the license fee shall be refunded.
[Ord. No. 5-2001, § 10]
In the event that an application for a license is denied, the Director of Public Safety or his designee shall state in writing his reasons for denying the application and provide same to the applicant. The applicant may appeal to the Township Council in writing within five days of the denial for reconsideration of his application. The Council shall provide for a hearing on the denial within two weeks from the date of the appeal and may require that testimony under oath be taken at the hearing. The Council shall render its decision on the appeal within two weeks of the completion of the hearing.
[Ord. No. 5-2001, § 11]
It shall be unlawful to distribute commercial handbills between the hours of 8:00 p.m. and 8:00 a.m. and on Sundays and New Jersey State and Federal holidays, unless special permission is obtained in advance from the Township Manager.
[Ord. No. 5-2001, § 12]
The license authorized pursuant to this section may be revoked by the Township Manager if it is determined that the application for the license contained a false or fraudulent statement or that the licensee has violated any of the terms of this section or of any other municipal or State regulation.
[Ord. No. 5-2001, § 13]
Each violation of any of the provisions of this section shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 24-1986, § 1]
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk or in any other public way or place in the Township any permitted newsrack or newspaper or magazine vending machine without having first obtained a permit from the Township Clerk specifying the exact location of each such newsrack or vending machine. One permit may be issued to include any number of newsracks or vending machines which shall be designated thereon and shall be signed by the applicant.
[Ord. No. 24-1986, § 2]
Application for such permit shall be made in writing to the Township Clerk and upon such form as shall be provided upon request, and shall contain the name and address of the applicant and the proposed specific location or locations of the newsrack or newsracks and shall be signed by the applicant.
[Ord. No. 24-1986, § 3]
Such permits shall be valid for a period of one year beginning January 1 and expiring December 31 of that year. An annual permit fee of $15 per newsrack or vending machine is required. Permits shall be renewable at the discretion of the Mayor and Council, according to law.
[Ord. No. 24-1986, § 4]
Before the Clerk may issue a newsrack or vending machine permit to any person, firm or corporation, that person, firm or corporation must file with the Clerk an insurance policy including the name and interest of the Township of Weehawken of a company duly licensed to transact business under the insurance laws of this State in the sum of $1,000,000 against loss from liability imposed by law upon the distributor for damages on account of bodily injuries or death suffered by any one person and in the sum of $50,000 against loss on account of property damage suffered by a person or persons as a result of an accident occurring by reason of the ownership, control or maintenance of the newsracks or vending machines permitted, and no license shall continue effective unless such insurance in the full and collectable amount shall remain in force during the entire term of the license. Such insurance policy shall provide for the payment of any final judgment received by any person on account of the ownership, maintenance and control of such newsracks or vending machines or any fault in respect thereto and shall be for the benefit of any person suffering loss, damage or injury as aforesaid.
[Ord. No. 24-1986, § 5]
Newsracks and newspaper or magazine vending machines may be located along the west side of Boulevard East at the following intersections: Highwood Avenue northeast corner, Liberty Place north corner, Columbia Terrace north corner, Fulton Street north corner, 47th Street north corner, 49th Street north corner, and 51st Street south corner. Newsracks or vending machines shall not exceed 60 inches in thickness, and shall not interfere with vehicles or pedestrian right of way. No newsrack or vending machine shall contain publications exploiting nudity or pornographic literature. Each newsrack or vending machine shall be equipped with a coin return to permit a person using the machine to secure a refund in the event he is unable to receive the publication or other merchandise paid for.
[Ord. No. 24-1986, § 6]
Each newsrack or vending machine shall be maintained in a neat and clean condition and in good repair at all times. All newsracks or vending machines shall be freestanding (not attached to any poles or signs), and shall be kept free from chipped, faded or peeling paint and rust or corrosion. All clear plastic or glass parts, if any, should be unbroken and kept free from any cracks, dent, or blemishes.
[Ord. No. 24-1986, § 7]
Any person, firm, or corporation or employee thereof who shall violate any provisions of this section shall, upon conviction thereof, be subject to a fine not to exceed $200. Further, upon notification of conviction, the Township of Weehawken reserves the right to remove the newsrack(s) or vending machine(s) found to be in violation of this section and to store them for a period of 30 days. If the newsracks or vending machines that have been stored by the Township are not claimed by their owner within that time, the Township reserves the right to dispose of them in any manner it chooses, without further notice or liability to the permittee.
[Ord. No. 10-1973, § 7-5.1]
No person shall operate a retail food establishment as defined in the Retail Food Establishment Code of New Jersey, 1965, without having first obtained a license from the Township and paid the required license fee. The term of the license shall be for a period of one year with all licenses to expire December 31.
[Ord. No. 10-1973, § 7-5.2]
In addition to the requirements contained in § 4-1, each application for a license under this section shall be investigated by the Township Health Officer who shall report his findings in writing to the Mayor and Township Council within a reasonable time. No license shall be issued unless the Health Officer reports that the applicant conforms to all provisions of the Retail Food Establishment Code.
[Ord. No. 10-1973, § 7-5.5]
Operation of a restaurant upon property of the New York Central Railroad Company adjacent to the eastern end of Pershing Road is exempt from the licensing provisions of this section.
[Ord. No. 10-1973, § 7-6.1; Ord. No. 6-1976]
No person shall operate a taxicab in the Township without first obtaining a license from the Clerk, the fee for which shall be $50.
[Ord. No. 10-1973, § 7-6.2]
Application for a taxicab license shall imply consent to inspection by the Chief of Police of all taxicabs covered by the license. Prior to the issuance of a license, the Chief of Police shall determine that the taxicab to be licensed is clean, fit, well painted, of good appearance and appears to be safe and suitable for the transportation of passengers. The Chief of Police shall reinspect all taxicabs while a license is in effect.
[Ord. No. 10-1973, § 7-6.3]
No person shall drive a taxicab within the Township unless he has obtained a taxicab driver's license from the clerk, the fee for which shall be $5. In addition to the other information that may be required of applicants for licenses in the Township, the applicant for a taxicab driver's license shall furnish evidence that he has the appropriate State license to operate a motor vehicle.
[Ord. No. 10-1973, § 7-7.1; Ord. No. 8-1983, § 2]
As used in this section:
Any machine or device which may be operated by the public for use as a game, entertainment or amusement, and shall include devices such as marble machines, skillball, pinball, mechanical grab machine, the machines or contrivances commonly known as bagatelle, baseball, hockey, football, pool table, target shooting, shuffleboard, or shufflealley, bowling or any similar named device that utilizes an electron (T.V.) tube to reproduce symbolic figures and lines intended to be representative of real games or activities; but excluded shall be any device whether operated by coin or not which only produces a ride, sensation electronic reading or weight for use by and to the amusement of the public nor does it include vending machines in which are not incorporated gaming or amusement features, nor does the term include any coin-operated musical device or the like.
Any person who supplies any mechanical amusement device to another for use in his place of business, whether under lease or any similar arrangement.
Any machine or other device which, upon the insertion of a coin, slug, token, plate, disc or key or by the payment of any money, operates or may be operated for the emission of songs, music or similar amusement.
Any person in whose place of business any mechanical amusement device is placed or kept for operation by the public.
[Ord. No. 10-1973, § 7-7.2]
This section shall not apply to juke boxes and mechanical amusement devices which are not operated for profit.
[Ord. No. 10-1973, § 7-7.3; Ord. No. 1-1990]
No operator of a juke box or mechanical amusement device shall engage in business within the Township without having first obtained a license and paid the required license fee.
[Ord. No. 10-1973, § 7-7.4; Ord. No. 8-1983, § 2]
a.
Information required. The application shall be sworn to and filed annually with the Township Clerk on forms supplied by the Clerk. The application will require the information as follows:
1.
Name and addresses of applicant, including stockholders owning more than 10%.
2.
Address of the premises where the machines are to be maintained, operated or used;
3.
Number of machines to be installed on premises;
4.
Serial or identification number for each machine to be installed on the premises;
6.
Consent of owner or lessee of the premises if other than applicant;
b.
Investigation of applicant.
1.
The applicant will be referred to the Director of Public Safety who shall cause an investigation to be made of the applicant's moral character for the protection of the public.
c.
Issuance; hearing and display of licenses.
1.
The Township Council shall review the annual application, investigation report and other relevant information.
2.
Any applicant who is denied a license may, in writing, request a hearing before the Township Council. The request shall be served upon the Township Clerk.
3.
The license shall be displayed in a conspicuous place on the premises.
d.
Supervision. The licensee or a designated employee shall be responsible for the licensee's compliance with the terms of the section.
[Ord. No. 10-1973, § 7-7.5; Ord. No. 8-1983; § 2; Ord. No. 1-1990]
The annual license fees are as follows:
a.
Operators shall be charged for administrative processing and inspection (including one machine) the total sum of $100 for the first three amusement devices. Each additional machine in excess of three $25.
License fees will be pro-rated on a quarterly calendar basis.
[Ord. No. 10-1973, § 7-7.6]
A license may be transferred from one machine to another by giving notice to the Township Clerk to that effect and giving a description of the new machine. A license may be transferred from one place to another by giving notice to the Township Clerk to that effect and supplying the required information as to the new premises.
[Ord. No. 10-1973, § 7-7.7; Ord. No. 8-1983, § 2]
No amusement device shall be located in any premises within 1500 feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the church or school to the nearest entrance of the premises on which the amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
[Ord. No. 10-1973, § 7-7.8; Ord. No. 7-1983, § 17-5.1j-k; Ord. No. 1-1990]
a.
No establishment containing mechanical amusement devices or juke boxes shall permit them to be operated between the hours of 10:00 p.m. and 9:00 a.m.
b.
Premises on which mechanical amusement devices are located shall be so arranged as to permit a clear view of the interior from the exterior at all times.
c.
No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.
d.
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical amusement devices except for trophies or plaques or items of a similar nature of nominal value.
e.
No operator shall permit any minor under the age of 19 years unaccompanied by a parent or guardian to come upon or remain upon the premises earlier than 1/2 hour prior to the start of school or earlier than 1/2 hour after school closes.
f.
No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.
[Ord. No. 10-1973, § 7-7.9]
Nothing in this section shall be construed to authorize any gambling device of any kind whatsoever, including any device that dispenses any kind of payoff or reward, or any device that has been judicially determined to be a gambling device or declared to be a gambling device under any law of the State of New Jersey. If the Chief of Police has reason to believe any mechanical amusement device is used as a gambling device, he shall cause that machine to be seized and impounded. If after trial it is determined that the machine was in fact being used as a gambling device, it shall be destroyed and the license of the operator or distributor shall be revoked. Revocation of license and seizure of machine are in addition to any other penalty which may be imposed for a violation of this section.
[Ord. No. 8-1983, § 2]
This section is enacted for the purpose of raising revenue and for the regulation and control of amusement games, devices and machines, and to cover the cost of administration and periodic inspection of amusement games, machines or devices, whether coin-operated or not, of the type commonly known and described as baseball, ballyho pin amusement or any other device or machine which is operated by means of the insertion of a coin, token, or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. It shall include devices such as pinball machines or any device which utilizes a video tube to produce symbolic figures and line intended to be representative of real games or activities. "Coin-operated Amusement Device" does not include vending machines in which are not incorporated gaming or amusement features nor does the term include any coin-operated mechanical musical device or the like.
[Ord. No. 21-1975]
The people of the Township have been exposed to unfair and unreasonable practices by certain television and radio repairmen and building contractors; and it is in the best interest to have television and radio repairmen and building contractors who perform work within the Township to be licensed in order to minimize previous unfair and unreasonable practices.
[Ord. No. 21-1975, § 1]
a.
All television and radio repairmen and building contractors shall be licensed in order to do any work in the Township.
b. BUILDING CONTRACTOR
Definition. As used in this section:
Any person who is engaged in the business of constructing, erecting, altering, restoring, reroofing, residing, moving or demolishing the whole or any part of a building or structure for which a permit is required with the Building Department.
[Ord. No. 21-1975, § 2]
An application for a license shall be accompanied by the required fee and shall be made to the Township Clerk on forms provided by him and shall contain the following information:
a.
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of the registered agent.
b.
If the licensed activity is to be carried on at a fixed location the address and description of the premises.
c.
If a vehicle is to be used, its description including license number.
d.
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed activity will be conducted.
f.
A description of the nature of the business and the goods, property or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
The applicant shall be fingerprinted if the Chief of Police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
[Ord. No. 21-1975, § 3]
Each application shall be referred to the Chief of Police who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. He shall communicate his decision as to the granting or denial of the license in writing to the Township Clerk within a reasonable time after the application has been filed. If the director decides that the applicant's character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, he shall disapprove the application and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Clerk shall issue the license immediately, provided the required license fees have been paid, except in cases where approval of the Township Council is required. In the event of the refusal of the issuance of a license, the applicant may appeal to the Council for a hearing. The written appeal shall be filed with the Clerk within 10 days after notification of the refusal. The Township Council shall hold its hearing within 14 days thereafter, and its decision shall be final.
[Ord. No. 21-1975, § 4]
The license fee shall be $25.
[Ord. No. 21-1975, § 5]
Licenses contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed activity.
c.
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Township Council may require by resolution.
[Ord. No. 21-1975, § 6]
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall contain the same information as is required by Subsection 4-10.6 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal.
[Ord. No. 21-1975, § 7]
When the licensed activity is conducted at a fixed location, or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. Otherwise the licensee shall have the license in his possession at all times while pursuing the licensed activity and shall display it upon the request of a police officer or any person with whom he is doing business.
[Ord. No. 21-1975, § 8]
A license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place, upon notification to the Township Clerk and payment of a fee of $5.
[Ord. No. 21-1975, § 9]
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight.
[Ord. No. 21-1975, § 10]
Any license issued by the Township may be revoked by the Township Council after notice and a hearing for any of the following causes:
a.
Fraud or misrepresentation in an application for a license.
b.
Fraud, misrepresentation or dishonesty in the conduct of the licensed activity.
c.
A violation of any provision of this subsection.
d.
Conviction of the licensee for a high misdemeanor or misdemeanor.
e.
Conduct of the licensed activity whether by the licensee himself or his agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or menace to the public health, safety or general welfare.
[Ord. No. 21-1975, § 11]
Written notice of a hearing for the revocation of a license shall be given by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[Ord. No. 21-1975, § 12]
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent stenographic record made of the proceedings at his own expense. The Township Council shall revoke or suspend the license if it is satisfied by the evidence that the licensee is guilty of the acts charged.
[Ord. No. 21-1975, § 13]
The Township Council may issue another license to a person whose license has been revoked if after hearing upon application it is satisfied by clear and convincing evidence that the acts which led to the revocation will not occur again; otherwise, no person whose license has been revoked, nor any person acting for him, directly or indirectly, shall be issued another license to carry on same activity.
[Ord. No. 21-1975, § 14]
The Township Council may, by resolution, make rules and regulations which interpret or amplify any provision of this section or for the purpose of administering the provisions of this section or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this section and no regulations shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this section.
[Ord. No. 17-1990, § 1]
The taking of still or motion pictures, either on film, videotape or similar recording equipment, for any purpose.
Any and every public street, highway, sidewalk, square, park or playground and all other public places within the Township which are within the jurisdiction and control of the Township.
[Ord. No. 17-1990, § 2]
a.
No person, firm, corporation or other entity shall commence filming within the Township of Weehawken without first obtaining a permit from the Township therefor. The permit shall set forth the location of the filming and the date or dates when filming shall take place and must be readily available for inspection by Township officials at all times at the site of the filming.
b.
Application for permits shall be obtained from the Office of the Township Clerk during normal business hours. Completed applications must be submitted to the Township Clerk at least 10 days prior to the requested filming date and must be accompanied by a permit fee in the amount established by this section. With each application, the applicant shall provide the following information:
1.
The number of actors, extras, crew and all other persons who will participate in the filming;
2.
The estimated number and description of types of vehicles to be used by the crew, including vehicles used for transportation;
3.
A description of arrangements for parking for crew and work vehicles;
4.
A description of sanitary arrangements to be made for crew and bystanders;
5.
A description of crowd control measures;
6.
A description of all location areas for filming or incidental activities;
7.
A description of cleanup methods to be used;
8.
A description of any special electrical requirements and the methods of satisfying those requirements, including all electrical permits required;
9.
Such other information as required by the Township to protect the health, safety and welfare of residents of the Township.
c.
All applications for filming within the Township of Weehawken shall be reviewed and acted upon by the Township Manager or his designee.
d.
One permit shall be required for each location.
e.
Permits must be obtained no more than 90 days in advance of the first scheduled filming date and shall be valid for a period of no more than four days of filming.
[Ord. No. 17-1990, § 3]
a.
Filming shall be permitted only Monday through Friday. In no event shall filming be permitted in a residential area after 11:00 p.m.
b.
No permit shall be issued for filming unless the applicant provides to the Township of Weehawken:
1.
A certificate of insurance naming the Township of Weehawken the assured under a policy of insurance providing coverage as follows:
2.
A written agreement to indemnify and save harmless the Township of Weehawken from any and all liability, expenses (including but not limited to attorneys fees and other costs of litigation), claims and damages resulting in any way from the applicant's filming activities.
c.
Where the applicant's activities, by reason of location or otherwise, will directly involve or affect any business, merchant or resident, the applicant shall, within three days after the filing of the application, give written notice to all those affected describing the activities and informing them that objections thereto may be filed with the Township Clerk. Any objections received will be considered by the Manager or his designee in connection with the application.
d.
The holder of a permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Weehawken Police Department with respect thereto.
e.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to the filming and shall, to the extent practicable, abate noise and park vehicles associated with the filming off the public streets. The holder shall avoid any interference with previously scheduled activities on public lands and limit, to the extent possible, any interference with normal activity on public lands.
f.
The applicant shall make every effort to cooperate with residents to minimize the inconvenience caused by filming in residential areas and shall give affected residents at least three days' notice of parking restrictions and all other inconveniences, such as may be allowed by the Township pursuant to the permit.
g.
The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris during filming and shall be responsible, immediately upon the completion of filming or the expiration of the permit, whichever occurs first, for removing all equipment and debris from the filming location and restoring all affected lands to the same condition as existed prior to the filming activities.
h.
As a condition of the issuance of any permit hereunder, the applicant shall provide to the Township a certified check in the amount of $1,000, or such higher amount as may be deemed appropriate by the Manager or his designee, to ensure the performance of all obligations of the applicant under this section and the permit issued hereunder. Any money remaining after full performance of all obligations shall be returned to applicant.
i.
Each film location shall have such number of off-duty, Weehawken police officers (or other officers approved by the Director of Public Safety) as may be determined by the Director of Public Safety, the cost for which shall be paid by the applicant, in advance.
j.
When it is deemed appropriate by the Manager or his designee, an on-site licensed electrician may be required, at the applicant's expense.
k.
No public street in the Township may be closed in connection with the filming activities without the permission of the Mayor and Township Council.
l.
The Manager or his designee may require any fire, electrical, building, plumbing or other inspections of the filming location and equipment as he deems appropriate, at the applicant's expense.
m.
If a permit is issued and, due to adverse weather or for other good cause, filming does not take place on the dates specified in the permit, the Manager or his designee may, at the request of the applicant, issue a revised permit for filming on alternate dates, without an additional permit fee.
n.
The Township Manager or his designee may refuse to issue a permit, and may revoke a permit already issued, whenever, in his judgment, he determines that:
1.
The applicant has not complied with the requirements for a permit as set forth herein; or
2.
Filming at the location or during the time set forth in the application would:
3.
The applicant has not established that it has provided adequate measures for parking, sanitary facilities, crowd control and cleanup.
o.
Any person aggrieved by a decision of the Township Manager or his designee denying or revoking a permit may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Clerk within 10 days of the decision in question. The Mayor and Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. In the event that the Mayor and Council does not hold a hearing on the appeal within that time, the decision of the Township Manager or his designee shall be deemed affirmed by the Mayor and Council.
p.
A copy of the permit shall be sent to the Director of Public Safety at least three days before filming is permitted to commence. The applicant shall allow any and all inspections of the site and the equipment to be used, as may be deemed appropriate by the Manager or his designee. The holder of a permit shall comply with all safety instructions issued by the Director of Public Safety and any Township inspectors.
[Ord. No. 17-1990, § 5]
Any person violating this section or the provisions of a permit issued hereunder shall be subject to a fine not to exceed $500 or imprisonment for a term not to exceed 30 days, or both.
[Ord. No. 17-1990, § 6]
Exempt from the requirements to obtain a permit under this section are the following:
a.
Filming of news stories;
b.
Filming intended solely for private, non-commercial use involving two or fewer crew members;
c.
Filming in connection with weddings provided that the applicant provides to the Township of Weehawken the following;
1.
Proof of insurance coverage for bodily injury to any one person in the amount of $500,000 and any one occurrence in the aggregate amount of $1,000,000 and for property damage, each occurrence in the aggregate amount of $300,000; and
2.
Completed short form application and application fee in the amount of $50.
[Ord. No. 7-1993, § 1]
For purposes of this section, the following words and phrases shall have the meanings set forth in this section and shall hereinafter be referred to as follows:
The Director of Public Safety of the Township of Weehawken.
The Fire Department of the Township of Weehawken.
The license issued by the Township to a towing operator pursuant to this section.
A person designated by the Director from time to time who shall process license applications under this section and inspect the equipment and facilities of a licensee or applicant.
A towing operator to whom a license is issued by the Township pursuant to this section.
The list of licensees maintained by the Township for the selection process described in Subsection 4-10.3 hereof.
The person or entity who is the owner or lessee of a vehicle which is operated, stopped or parked within the Township, whether disabled, abandoned or otherwise.
Officers or members of the Weehawken Police Department.
The Police Department of the Township of Weehawken.
The premises for storage of vehicles and the related office used exclusively by the towing operator, which facilities shall be used by the towing operator in connection with all towing and storage services performed under its license.
The storage, for whatever duration, of a vehicle by a licensee.
A motor vehicle equipped for, and capable of, towing, transporting, conveying, or removing another vehicle.
An individual or entity engaged in the business of providing towing, storage and related services.
The road call repair or towing of a vehicle, at or from any location within the Township, by a licensee, at the request of the Township.
The Township of Weehawken, in the County of Hudson and State of New Jersey.
The Township Manager of the Township of Weehawken.
Any automobile, truck, motorcycle, van, scooter, tractor trailer, bus or other equipment operated or capable of being operated in a Township street.
[Ord. No. 7-1993, § 2]
Every towing operator who performs any towing, storage or any incidental repair service within the Township at the request of the Township, shall first obtain a towing operator license issued by the Township.
[Ord. No. 7-1993, § 3]
The Township shall maintain an Official List of Licensees, which shall generally be maintained at the main police desk. When services are called for which a licensee is required to perform hereunder, the first opportunity to perform such services shall be given in sequence to the next licensee on the Official List, on a rotating basis. The Official List shall be rotated to the next licensee every seven days, or on such other basis as the Director may establish from time to time.
The Township shall use good faith in its efforts to maintain the proper rotational order of selecting licensees. However, neither the Township nor the Police, Fire or any other department, agency, employee or representative shall be liable to any licensee where the opportunity to perform services pursuant to this section is given out of turn.
[Ord. No. 7-1993, § 4]
The regulations established and license required under this section shall only apply where the request for towing or storage services is made by the Weehawken Police Department in their official capacity.
[Ord. No. 7-1993, § 5; Ord. No. 14-1997, § 1]
All licenses shall expire on December 31, 1997, at 12:00 midnight and, thereafter, on every third anniversary thereof.
[Ord. No. 7-1993, § 6; Ord. No. 14-1997, § 2]
a.
Form; required information. An application for a license shall be in writing, with the notarized signature of the applicant, and shall contain all information necessary to show the identity of the applicant and all persons with any ownership or management interest, their legal addresses, a description and the location(s) of their storage facilities designated for use in connection with all work under the license applied for, as well as compliance with the standards established by this section, and the applicant's ability to perform the towing services and storage services contemplated by this section, all other information required by this section, and such additional documents and information as may be requested by the Director or License Inspector.
The licensee must also provide, with the application, the following:
1.
A list of all towing contracts for which performance thereunder is or may be required, in each case listing the name of the individual or entity with whom the contract was made and the date of its expiration; and
2.
Proof of ownership or lease of the required number of wreckers, the make, model, year and registration number of each and copies of current, valid insurance policies and cards and registrations for each.
b.
Filing; amendments. Applications shall be filed with the Township Clerk, together with the proper application fee. An application by a towing operator not on the Official List may be filed at any time. An application by a towing operator who is on the Official List shall be filed on or before November 1st next preceding expiration of its license. All applicants shall amend their applications immediately upon the occurrence of a change which causes any information in their most recently filed application to be incorrect or incomplete.
c.
Proof of lawful permission for the exclusive use and occupancy of the storage facilities. Said proof must include the deed(s), lease(s), or other good evidence of the legal right for such use of the property.
[Ord. No. 7-1993, § 7]
The following is the schedule of nonrefundable fees under this section, which shall be paid to the Township Clerk for the general use of the Township:
a.
Application fee. $150. No fee shall be required for the filing of an amendment to an application.
b.
License fee. $1,000 per three year license term, payable prior to issuance of a new license and, thereafter, before each license renewal. The license fee shall be prorated for a license issued for a partial term.
[Ord. No. 7-1993, § 8]
Applications received by the Township Clerk shall be referred promptly to the Director, the Township Manager and the License Inspector for review and investigation.
[Ord. No. 7-1993, § 9]
a.
Recommendations to the director. The Township Manager and the License Inspector shall each communicate to the Director their recommendations for issuance or rejection of a license to an applicant after consideration of the application and the background checks and inspections of the applicant, its equipment and facilities, and its employees, experience and references, as well as its compliance with all other standards, requirements and conditions for the issuance of a license hereunder.
b.
Issuance or rejection. The Director is hereby authorized to issue one or more licenses hereunder to applicants after receipt and consideration of the recommendations of the Township Manager and the License Inspector and any other relevant factors. Issuance of a license shall be evidenced by delivery of a License Certificate to the licensee upon payment of the required license fee. Rejection shall be in writing, delivered to the applicant, setting forth the reasons therefor.
c.
Display of license. A license issued by the Township shall be displayed prominently by the licensee at its storage facilities in a location readily visible to all patrons.
d.
Licenses not transferable. A license issued hereunder may not be sold, assigned, pledged, leased or otherwise transferred.
[Ord. No. 7-1993, § 11]
a.
A towing operator, when filing an application for, and at all times while holding, a license under this section, shall own or lease and have available for use in performing the towing and storage services which may be required, the following items of equipment:
1.
One flat bed truck;
2.
Three light duty wreckers;
3.
The following minimum safety equipment to be carried on all trucks, at all times;
(a)
Universal towing sling (except flat beds);
(b)
"J" hooks and chains;
(c)
Snatch block for 3/8 to 1/2 inch cable;
(d)
Two high-test safety chains;
(e)
Auxiliary safety light kit to place on the rear of towed vehicles;
(f)
Four lamp or three lamp revolving amber light or light bar;
(g)
Tool box with an assortment of hand tools;
(h)
Rear working lights, rear marker lights, cab lights and body-clearing lights located to clear towed vehicle;
(i)
Safety cones, shovel, and broom;
(j)
Steering wheel lock or tie down;
(k)
Two-way radio communication with licensee's office;
(l)
Equipment necessary to remove disabled or locked vehicles.
b.
All trucks shall be clearly and prominently lettered on both sides so as to identify readily the towing operator and the location(s) and telephone number(s) of the storage facilities, and otherwise as may be required by law.
c.
All equipment used by a licensee in performing towing or storage services shall be maintained in good and safe condition and may be inspected for such condition by the License Inspector or by the Director or his designee at any time, and wherever located. Any deficiency in such condition shall be corrected promptly upon notice to the licensee, and any failure to do so may be cited as grounds for suspension or revocation of the license pursuant to this section.
[Ord. No. 7-1993, § 12]
Towing and storage services shall be governed by the following provisions:
a.
Licensees must provide first priority for towing services requested by the Township.
b.
Licensees will respond promptly when requested by the police by dispatching one or more tow trucks, as necessary, to arrive at the scene as directed, within a reasonable time under the circumstances, not to exceed 15 minutes.
c.
Licensees shall notify the requesting officer immediately if it is unable or unlikely to comply with the request for service within the time allotted. Licensees shall also explain the reasons therefor at the same time. Thereupon, the Township shall proceed to request the services of the next licensee on the Official List.
d.
Tow trucks of a licensee shall not cruise within the Township and shall not respond to any scene where towing may be required except upon being requested to do so as provided herein.
e.
Sirens shall not be used by licensees. Flashing yellow lights may be used on a tow truck if, as and when permitted by law.
f.
Tow trucks shall be operated in accordance with traffic regulations, in a safe and prudent manner. Tow truck drivers will request and await police assistance when, in the performance of their work, they find it necessary to turn around, back up or tow against the flow of traffic, cross a median or in other such situations.
g.
Each licensee will be responsible as provided by law for all vehicles in their custody and control, and the contents thereof.
h.
No vehicle will be removed from any street within the Township without prior authorization from the Township or owner, as the case may be.
i.
No licensee shall be requested by the Township to remove any vehicle from private property without the prior consent of the owner or lessee of such property, except in the event of an emergency.
j.
The police officer investigating an incident shall be in charge of the incident scene (excluding actual towing operations), and all drivers shall comply with the officer's instructions.
k.
Each licensee, prior to leaving the scene at which towing services are rendered, shall clear the street of any debris resulting from any incident which contributed to the need for the towing services rendered.
l.
In the event a licensee refuses to tow as requested by the Township or the owner, the police officer assigned to the incident shall report the refusal to his superior with all pertinent details. That report shall then be furnished promptly to the Director, the Township Manager and the License Inspector for evaluation of the licensee's performance of its obligation under his license.
m.
Each licensee shall provide the Director with a list of vehicles in its custody that are unclaimed at 12:00 noon every Friday.
n.
Vehicles impounded or confiscated by the police and stored by the licensee shall not be released by the licensee without prior written authorization from the Police Department.
o.
Licensee shall make every effort to release a vehicle to its owner as soon as possible after the owner has completed all that may be reasonably and legally required of him, including release prior to leaving the scene when requested by the owner, unless otherwise directed by the police, and after authorization from the Director, if required.
[Ord. No. 7-1993, § 13; Ord. No. 19-2009, § 1]
a.
Indoor secure storage. Each licensee shall have a secure, indoor premises for vehicle storage, with at least one stall able to accommodate a full-sized car or van, and with a door to which the Police Department can attach its own padlock.
b.
General storage. Each licensee shall also maintain as part of its storage facilities a minimum area of 10,000 square feet, lighted, with appropriate security and, if outdoors, fenced to a minimum height of six feet.
c.
Location of facilities. For the convenience of the residents of the Township and any other owners whose vehicles are towed by a licensee pursuant to this section, the designated storage facilities of the licensee shall be located in the State of New Jersey within a distance of 3/4 mile from the Township boundary.
d.
Hours of operation of storage facilities. The licensee shall ensure that the public may recover towed vehicles from the storage facilities 24 hours a day, seven days a week, including all holidays.
e.
Condition of facilities. The storage facilities shall be kept broom-clean and in good and safe condition at all times.
f.
The storage facilities must be located in conformance with applicable zoning regulations.
g.
Vehicles must be stored by a licensee so as to minimize the possibility of damage thereto and to permit inspection thereof, and to allow easy removal when released or disposed of in accordance with this section.
h.
Licensee shall affix an identification number to each towed vehicle as directed by the Police Department, in order to locate same more easily when the vehicle arrives at the storage facilities.
[Ord. No. 7-1993, § 14]
a.
Each tow truck driver of a licensee must have an appropriate valid New Jersey driver's license with no restrictions or conditional endorsements, except conditions requiring corrective lenses. Each driver shall be of good moral character, mentally alert, and present a neat appearance at all times. Possession of an articulated license, registration and insurance when required by law, shall be mandatory.
b.
The licensee, all tow truck drivers and other employees of a licensee shall be fully trained and knowledgeable in tow truck and storage operations and equipment, and shall be subject to background investigations by the Township. All of the foregoing individuals shall personally register, and be interviewed and fingerprinted at the Police Department. The cost, if any, of said investigation, interview and fingerprinting shall be borne by the licensee in addition to all other fees required hereunder.
c.
An applicant may be disqualified, and a licensee removed, from the Official List, in the event a licensee, or any of its owners, officers, directors or other principals, or any employee of licensee, has pleaded or does plead guilty or no contest to, or has been convicted or is convicted of, a crime.
[Ord. No. 7-1993, § 15; amended 9-14-2022 by Ord. No. 10-2023]
a. CLASS 1 VEHICLE CLASS 2 VEHICLE
Definitions. As used in this section, the following words and phrases shall have the following meanings unless clearly indicated otherwise:
Any powered motor vehicle weighing less than five tons.
Any powered motor vehicle weighing five tons or more.
b.
The rates a licensee may charge for towing and storage services are regulated in part by the New Jersey Department of Insurance, pursuant to N.J.A.C. 11:3-38.1 et seq. Under those circumstances in which the foregoing regulations are not applicable, a licensee may not charge in excess of the following rates for the services, including towing, conveying, repairing, servicing or storing of the vehicles, listed below:
2.
Fuel delivery: Applicable road service charge plus actual fuel cost.
5.
On-scene release. If the owner of a vehicle being towed appears on the scene and the vehicle does not need to be towed or impounded, the licensee may charge the applicable road service fee only if the vehicle has been hooked up to the tow truck prior to the owner's arrival. Otherwise, the vehicle shall be released immediately to the owner without any fees or charges being assessed against the owner.
6.
Storage charges:
(a)
Class 1 vehicle: $35 per twenty-four-hour period.
(b)
Class 2 vehicle: $75 per twenty-four-hour period.
(c)
The licensee may charge only one day storage for each twenty-four-hour period, which shall commence from the time on the ticket tow sheet.
(d)
An additional fee of $35 may be charged for releases requested between the hours of 8:00 p.m. and 8:00 a.m.
7.
Winching service charges. Winching service charges are not applicable to the towing of parked vehicles or minor maneuvering of vehicles prior to towing. Where applicable, the maximum winching service charges shall be as follows:
9.
All the above charges are subject to the New Jersey State sales tax.
10.
A licensee shall accept payment by cash, any major credit card and any other method it may choose.
[Ord. No. 7-1993, § 16]
a.
The licensee shall have in effect, prior to issuance of a license and at all times during the term of the license, the following insurance coverage, under one or more policies issued by insurance companies authorized to do business in New Jersey, and with a minimum A.M. Best Co. rating of "A":
1.
Automobile: Bodily injury, liability, property damage combined single limit: $500,000.
2.
Premises liability: Bodily injury, liability, property damage combined single limit: $500,000.
3.
Excess 3rd party liability (umbrella): $1,000,000.
4.
Garage keeper/legal liability per location: Or such lesser limit as may be the maximum coverage available to the licensee, but in no event less than $250,000: $1,000,000.
5.
Worker's compensation: In accordance with New Jersey law.
b.
The licensee shall supply a certificate of insurance, annually, to the Township Clerk describing each of the foregoing insurance policies identifying the Township as an additional insured. Collision coverage shall be provided for vehicles in tow. Each certificate shall contain a provision that no cancellation or nonrenewal of the policy shall become effective until after the expiration of 30 days following written notice of proposed cancellation or nonrenewal forwarded by the insurance company to the Township Clerk by certified mail, return receipt requested.
[Ord. No. 7-1993, § 17]
By applying for a license hereunder, the towing operator agrees that, if a license is issued, it will forever indemnify, defend and hold harmless the Township, the Weehawken Police, Fire and all other departments, and all employees, agents or other representatives of any of them, from and against all claims, suits and demands of any kind which are related in any way to the licensing hereunder, including the towing services or storage services of the licensee.
[Ord. No. 7-1993, § 18]
The licensee must handle the removal of all abandoned vehicles without expense to the Township. The Director or his designee reserves the right to assign city-wide removal of abandoned vehicles to a single licensee.
[Ord. No. 7-1993, § 19]
The Police Department shall provide licensees, upon request, with Department of Motor Vehicles information regarding registered owners and lienholders. The information requested and given shall be in conformance with N.J.S.A. 39:10A, et seq. and shall not in any way violate the confidentiality that is reposed in the Police Department.
[Ord. No. 7-1993, § 20]
a.
The Director may issue rules and regulations from time to time for the operation of towing services and storage facilities to carry out the purposes and intent of this section.
b.
Such rules and regulations shall be issued by publication in a newspaper in the Township. Copies shall be maintained in the office of the Township Clerk and mailed to each licensee by the Township.
[Ord. No. 7-1993, § 21]
a.
General. The Director shall have the right to suspend any license issued under this section under an emergency situation upon determination that there is probable cause for revocation or suspension based upon violation of this section. Probable cause to suspend any license may be based upon facts which come to light during the term of the license, including but not limited to:
1.
Fraudulent or inaccurate application information;
2.
Violation of any Federal, State or municipal law, rule or regulation, including this section;
3.
Repeated, unsatisfactory service;
4.
Failure to maintain or provide proof of insurance as required by this section; and
5.
Failure or refusal to provide services requested under this section without just excuse.
Written notice of the basis of the violation shall be issued to the licensee, and the licensee shall be entitled to a hearing before the Township Manager. In the event the Township Manager determines that a violation has occurred, he may chose either to terminate or to continue any suspension of the license.
b.
Temporary license. In the event of an emergency suspension or other failure of licensee to perform its duties under this section, the Director may issue a temporary license to a towing operator to operate during any licensee's suspension or failure or inability to perform.
[Ord. No. 7-1993, § 22]
Any violation of this section shall, in addition to possible suspension or revocation of a license, be punishable in the Municipal Court of the Township by a fine in the minimum amount of $100 per violation and a maximum of one $1,000 per violation, or imprisonment or community service of up to 90 days, or any combination thereof. Each day a violation of this section continues will be considered a separate violation. Any penalty imposed for a continuing or repeated violation of this section shall subject the guilty person to the same minimum and maximum penalties stated above for each day of violation or each time for a repeated violation.
[Ord. No. 7-1993, § 23]
The Township shall not be liable to the licensee for towing or storage charges incurred by anyone pursuant to the provisions of this section, under any circumstances.
[Ord. No. 4-1994, § 1]
For purposes of this section, the defined terms in N.J.S.A. 40:52-9 shall have the same meanings as set forth therein.
[Ord. No. 4-1994, § 2]
a.
No rooming or boarding house shall be located or operated anywhere in the Township of Weehawken except upon premises licensed for that purpose by the municipal licensing authority pursuant to the provisions of this section and L.1993, c.290, as either may be amended from time to time.
b.
Any rooming or boarding house that is in lawful operation as of the date of enactment of this section shall be entitled to continue in operation until December 16, 1994 and, if the holder of the license applies for its renewal not later than 60 days prior to that date, until a final determination is made upon that application.
c.
The governing body of the Township is hereby designated as the municipal licensing authority.
[Ord. No. 4-1994, § 3]
An application for licensure shall be in writing on forms approved by the governing body and provided by the Township Clerk. A completed application shall be filed with the Township Clerk, and shall be accompanied by all supporting information and documentation as may be requested, together with an application fee in the amount of $200. If the application is denied, 90% of the fee shall be refunded and 10% retained to defray the expenses incurred by the Township in connection with the investigation required under this section.
[Ord. No. 4-1994, § 4]
a.
After filing an application, the applicant shall cause notice of the pendency of the application to be published in the form and manner prescribed by the governing body and as required by L.1993, c.290.
b.
Within 30 days of receipt of a completed application in accordance with Subsection 4-11.3, the time and place for a public hearing on the application shall be fixed, at which the operator, or proposed operator, and all other parties in interest, including members of the general public, shall be heard upon the merits of the application and the suitability of the premises for the proposed use.
[Ord. No. 4-1994, § 5]
a.
A license shall be valid for one year from the date of issuance and until such time as the licensing authority has acted upon an application for renewal, unless the license is terminated earlier by revocation.
b.
The holder of the license shall apply for renewal within 60 days prior to its expiration date. The application for renewal shall follow the same procedure and requirements as prescribed for a new application and shall necessitate consideration and determination in the same manner as in the case of a new application.
[Ord. No. 4-1994, § 6]
Licenses issued under this section may be revoked by resolution of the licensing authority for the following reasons:
a.
A finding that there was any misstatement of material fact in the application upon which the license was issued.
b.
The occurrence of any fact which had it occurred and been known to the licensing authority before issuance of the license, would have resulted in the denial of the application.
c.
Repeated violations, or prolonged failure to correct any violation, of any applicable building, housing, health or safety code or regulations.
d.
Refusal to allow access to any portion of the licensed premises at all reasonable times, with or without advance notice, in order that officers or agents of the licensing authority, or any official charged with enforcement within the municipality of any building, housing, health or safety code or regulations applicable to the premises may determine compliance with such codes or regulations.
e.
Revocation by the Department of Community Affairs of the operator's license or other authorization to operate a rooming or boarding house on the premises.
f.
Notification by the Department of Community Affairs that the premises are not, or are no longer, suitable for operation of a rooming or boarding house.
g.
Failure or refusal to comply with any lawful regulation or order of the licensing authority.
[Ord. No. 11-2007, § 1]
For purposes of this section, the following words and phrases shall have the meanings set forth below:
A system for the transmission and/or distribution of communication signals or other electronic information, including but not limited to any conduit system, trench system, lines, wires, cables, poles, boxes, markers and other related facilities, and equipment whether above or below ground, but not including such facilities and equipment of a holder of a then-current Cable Television franchise grant from the Township.
Any combination of ducts, conduits, manholes, handholes, vaults and similar and related systems and facilities, joined to form an integrated whole capable of containing communications facilities.
The individual, corporation, partnership, company or any other business combination or entity who or which is issued a license in accordance with the provisions of this section.
Any public street, highway, avenue, alley, bridge or sidewalk within the Township of Weehawken, including any portion of any right-of-way for which an easement has previously been granted to a third party.
Any unreinforced passage or opening in, on, under or through the ground, capable of containing communications facilities, and may include but is not limited to any of the following that are not part of a conduit system; short sections of ducts under roadways, driveways, parking lots and similar areas; laterals to poles and into buildings; manholes, pull boxes, handholes and pedestals.
[Ord. No. 11-2007, § 2; Ord. No. 12-2016]
a.
No person, corporation, partnership, company or any other business combination or entity may, without first obtaining a license pursuant to this section, construct, install, modify, operate or maintain a cable communications system or any part thereof in a public right-of-way, Township street or other property owned by the Township of Weehawken; provided, however, that any such person or entity shall be exempt from the licensing requirements hereof (but not from the requirement to obtain all other required licenses and permits) in the event such person or entity has previously obtained a license hereunder, or is the holder of a valid easement from the Township, pertaining to the lands and covering the work, facilities and other activities sought to be performed, installed or operated. All licenses issued hereunder shall either be endorsed by the Township Manager, in consultation with the Construction Official, the Township Attorney and the Director of Public Safety, or, where appropriate, as determined by the Township Attorney, evidenced by a public lands or right-of-way use agreement ("agreement") authorized by resolution of the Township Council and executed on behalf of the Township and the licensee. The terms of such agreement shall be substantially as approved by the Township Council, subject to the approval by the Mayor and Township Attorney as to final form and content.
[Amended 9-14-2016 by Ord. No. 12-2016]
b.
No license authorized by this section shall be deemed to authorize the holder of said license to utilize its communications systems within the Township of Weehawken to provide any audio and/or video programming service to customers' locations within the Township, which are within the scope of those granted under the Township's cable television franchise agreement now or hereafter in effect, made and awarded pursuant to N.J.S.A. 48:5A-1, unless otherwise permitted by law and not lawfully prohibited by said franchise agreement.
c.
Every license authorized by this section shall require the holder of said license to comply with the Underground Protection Facility Act, N.J.S.A. 48:2-73 et seq., and all other applicable laws, rules and regulations in the installation, maintenance and operation of its system.
[Ord. No. 11-2007, § 3; amended 9-14-2016 by Ord. No. 12-2016]
a.
All applications shall be made on Township forms as shall be provided and shall be filed with the Township Clerk, along with the nonrefundable application fee of $1,000, payable to the "Township of Weehawken." The application fee shall be deemed to compensate the Township for the cost of its employees in the Building, Legal, Manager's and Public Safety Departments in connection with their initial review of the application for license under this section. The Township Clerk may request of the applicant from time to time, and the applicant shall deliver to the Clerk, within seven days after each such request, such additional sums, which shall be made payable to the "Township of Weehawken Trust Account" and administered in the same manner as applies generally to the review of applications for development, as may be estimated by the Township to be necessary for the purpose of additional compensation to the Township for the cost of its employees, and for the payment of professional fees, including, but not limited to, engineering and environmental, to be incurred by the Township in connection with the review of the application for license under this section.
b.
Every applicant for the installation or modification of a cable communications system shall provide all information requested in the application, the form of which may be amended from time to time by the Township Manager, and shall include with the application an engineering site plan showing the proposed location of the cable communications system; a depiction indicating whether the proposed system is overhead or underground; the size, type, and depth of any conduit system and any trench system; the relationship of the cable communications system to all existing streets, sidewalks, poles, utilities, and other improvements within the public right-of-way; copies of all easements proposed to be used which have previously been granted to utilities; all consents for the use of any such easements by the applicable utilities; all consents for the use of any adjacent properties owned by others that may be impacted by the work to be performed; and any additional information that the Township may require.
[Ord. No. 11-2007, § 4; amended 9-14-2016 by Ord. No. 12-2016]
a.
Upon receipt of a completed application by the Township Clerk, copies thereof shall promptly be transmitted to the Township Manager, the Construction Official, the Director of Public Safety and the Township Attorney. The Township Manager shall cause the application to be reviewed by such other officers and employees of the Township and by any such outside professionals as he shall deem necessary or appropriate. Upon completion of all such reviews and receipt of reports and recommendations by the Township Manager, the matter shall either be acted upon by the Township Manager as provided in Subsection 4-12.2a or forwarded to the Township Council for such action by the Council as it deems appropriate, and, in proper cases, the Council may approve a public lands or right-of-way use agreement.
b.
If a licensee proposes to expand, reduce, relocate or modify any portion of its system within the public right-of-way, the licensee shall file an application for an amendment to its license. An application for an amendment shall include relevant new information of the type required for the initial application and shall be processed and reviewed in the same manner as an original application. An application to renew a license granted hereunder shall be processed and reviewed in the same manner as an original application.
[Ord. No. 11-2007, § 5]
a.
A license issued hereunder shall be valid for the period requested by the applicant, not to exceed 20 years, and shall thereupon expire unless renewed prior thereto.
b.
Abandonment of use. Should the licensee, at some time during the period covered by the license granted pursuant to this section, cease to use its licensed facilities and equipment for a period in excess of six consecutive months for any reason whatsoever, then the license shall become void and the licensee must discontinue permanently the use of its licensed facilities and equipment regardless of any agreements made between the licensee and either the Township or the holder of an easement from the Township.
[Ord. No. 11-2007 § 6; Ord. No. 13-2012 § 3]
a.
The system shall be installed and constructed in accordance with the terms of the license granted, the approved plans and all applicable building costs. After installation, the licensee shall file with the Building Department an as-built survey specifying the actual location of the system, including any manholes or overhead poles, and the licensee shall provide such signs or other means of indicating the location of the system as may be reasonably required by the Building Department.
b.
If it becomes necessary to dig into, break or in any manner disturb any public right-of-way to install, construct, reconstruct, repair, operate, disconnect or remove any part of a cable communications system, the licensee shall first obtain a permit from the Township to do so and comply with all applicable ordinances, resolutions, laws, rulings and regulations. In the event the licensee shall disturb any public or private pavement, street surface, curbs, gutters, sidewalks, driveways, above or below ground utilities, lines, fixtures, equipment or other facilities, or trees, shrubs or other landscaping or surfaces in the natural topography or any other matter whatsoever, the licensee shall, at its own expense, restore and replace all such places and things so disturbed to, and in not less than, as good condition as existed prior to each disturbance. In doing so, the licensee shall comply with all applicable ordinances, resolutions, laws, rulings and regulations.
c.
All technical standards governing installation, construction, reconstruction, repair, operation, disconnection or removal of a licensed cable communications system shall conform with applicable Federal, State and Township codes and regulations.
d.
The licensee shall be responsible for repairing or reimbursing other licensed or franchised utilities or communications systems for any damage to their property caused by the licensee or its agents, employees or contractors in connection with the installation, construction, reconstruction, repair, operation, disconnection or removal of the licensee's communications system.
e.
Failure by the licensee to comply with any of the requirements of the license, the Agreement or this section shall constitute grounds for termination of the license by the Township.
f.
The engineering site plan required by Subsection 4-12.3b of this Chapter 4 shall show the proposed route of the cable communications system entirely, or to the maximum extent possible, within areas and along streets that are permitted, under the Township's zoning and land use ordinances, for commercial, industrial or other nonresidential purposes, except and only to the extent that the applicant shall establish clearly and convincingly to the satisfaction of the Council that such routing is not possible to meet the established and contracted obligations of the applicant to its customer(s), without regard to any obligation or commitment as to the commencement date for service.
[Ord. No. 11-2007, § 7]
Upon 90 days' notice from the Township, the licensee shall, at its sole cost and expense, protect, support or temporarily or permanently disconnect and relocate any portion of its system when required to do so by the Township because of: street excavation, construction, repair, grading or traffic conditions; installation of sewers, drains, water pipes or government controlled power or signal lines; vacation or relocation of public right-of-way; installation or construction of any other structure by the Township or any public agency; or any improvement which is determined by the Township, in its sole discretion, to promote the public health, safety or welfare.
[Ord. No. 11-2007, § 8]
a.
Any individual, corporation, partnership, company or any other business combination or entity who or which fails to secure the license required under this section or any licensee who fails to comply with the requirements of the license or this section or with any other applicable legal requirements shall, upon notification of such violation by the Township, immediately abate the violation or cause the licensee's cable communications system either to be removed or to be disconnected and rendered inoperative.
b.
The Township may remove or disconnect and render inoperative any communications system used or maintained contrary to this section.
c.
An individual, corporation, partnership, company or any other business combination or entity who installs, operates or maintains a cable communications system without first obtaining a license as required under this article will, in addition to any civil liability, be subject to a fine and/or imprisonment for up to the maximum penalties allowed for violation of a municipal ordinance which is in effect at the time of the violation. Each day for which a violation shall exist shall constitute a separate and distinct offense thereunder.
[Ord. No. 11-2007, § 9]
A licensee shall not transfer or assign all or any portion of its interest in any license granted pursuant to this section without the prior written authorization of the Township, which authorization shall not be unreasonably withheld, conditioned, delayed or denied. For purposes of this section, a merger or corporate reorganization shall not be deemed a transfer or assignment.
[Ord. No. 11-2007, § 10]
a.
Nothing in this section shall be construed as an acquiescence or ratification of the occupation of any public right-of-way or public places of the Township by any individual, corporation, partnership, company or any other business combination or entity now using or occupying the same without legal right, nor shall this section be construed as conferring the right to occupy any of the public right-of-way or public places of the Township upon any such person or entity now occupying the same illegally or otherwise without proper right and authority.
b.
Any person or entity using or occupying any public right-of-way or other public property or interest therein at or prior to the effective date of this section[1] without the express written permission of the Township therefor shall have a period of 30 days after the effective date of this section[2] to file a complete application for a license hereunder and, during such period, and for the period of consideration of such application by the Township, shall not be subject to punishment for violation of this section. The Township Council may grant or deny such application, or grant a license to such applicant with conditions, in its sole discretion, just as if it was considering a new application for a cable communication system under this section not yet installed.
[Ord. No. 11-2007, § 12]
a.
License in addition to other requirements. Nothing in this section shall limit the liability of the licensee for applicable Federal, State and local taxes, permits, registrations and approvals.
b.
License fees and requirements subject to change. Nothing in this section or in any license granted pursuant hereto shall be construed to limit or prevent the Township from changing any of the fees or other license requirements of this section.
[Added 9-25-2019 by Ord. No. 22-2019]
The purpose of this section is to create a system of regulations, guidelines and procedures for the granting of municipal consent and issuance of permits for the placement of poles, cabinets, antennas and any other equipment related to the installation, operation and/or maintenance of small cell (5G) wireless systems and facilities in the municipal right-of-way pursuant to N.J.S.A. 48:3-19 and N.J.S.A. 48:17-10.