Borough of Point Pleasant, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. #368, S 57-1]
It shall be unlawful for any person to engage in or carry on within the limits of the Borough the business of operating for hire any hack, omnibus, jitney, taxicab, express wagon or other public conveyance; to engage in or carry on a business as a huckster, hawker, peddler and other itinerant vendor; or to carry on or conduct pool and billiard parlors, traveling shows and circuses, moving-picture shows or theatrical performances, without having first obtained a license from the Borough Clerk so to do and having paid the license fee therefor as hereinafter fixed; provided, however, that this Section shall not apply to farmers peddling or selling produce from their own farms.
[Ord. #368, S 57-2]
The Borough Clerk is hereby authorized and directed to issue any such licenses upon payment by the applicant of the proper fee therefor as hereafter provided.
[Ord. #368, S 57-3]
Every such license shall remain in force and be valid only for the time therein expressed and all such licenses issued within any calendar year shall expire by limitation on December 31 of the year in which issued, and shall apply only to the person to whom granted and shall not be transferable.
[Ord. #368, S 57-4]
Any person to whom such license is granted, as herein provided, shall be required to exhibit such license whenever called upon to do so.
[Ord. #368, S 57-5; Ord. #2013-11]
The license fees under this Section are hereby fixed as follows:
a. 
Reserved. (See Section 4-10 for taxi regulations)
b. 
Pool and billiard parlors, ten ($10.00) dollars per annum per table.
c. 
Traveling shows and circuses, twenty-five ($25.00) dollars for each day.
d. 
Moving-picture shows and theatrical performances, twenty-five ($25.00) dollars per annum.
No rebate from the amount of such fee hereinbefore fixed shall be allowed for a portion of a year only.
[Ord. #368, S 57-6]
Any person violating this Section shall be subject to a penalty as established in Chapter I, Section 1-5.
[Ord. #368, S 57-7]
The license fees herein mentioned and imposed are for the purpose of revenue, and all moneys received for license fees or fines under this Section shall be paid forthwith to the Borough Treasurer for the use of the Borough.
[Ord. #368, S 53-1]
As used in this Section:
PEDDLER or HAWKER
shall mean any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and delivering articles to purchasers.
SOLICITOR or CANVASSER
shall mean any person, whether a resident of the Borough or not, who goes from house to house, room place to place or from street to street, soliciting or taking or attempting to take orders for sale of services, goods, wares or merchandise, including magazines, books, periodicals, photographs or personal property of any nature whatsoever, for future delivery, or services to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject for such order, or whether or not he/she is collecting advance payments on such orders.
[Ord. #368, S 53-2]
It shall be unlawful for any hawkers, peddlers, canvassers or solicitors, as defined in this Section, to engage in any such business or operations in the Borough without having first obtained a license therefor in compliance with the provisions of this Section, and in any event, only in accordance with the terms and provisions of this Section.
[Ord. #368, S 53-3]
The terms of this Section shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, and nothing contained herein shall be held to prohibit any sale required by statute or by order of any court.
[Ord. #368, S 53-4]
Applicants for a license under this Section must file with the Borough Clerk a sworn application in writing, which shall give the following information:
a. 
Name and physical description of applicant.
b. 
Complete permanent home and local address of the applicant.
c. 
A description of the nature of the business and goods or wares to be sold.
d. 
If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship.
e. 
The length of time for which the right to do business is desired and the days of the week and hours of the day within which the business will be conducted.
f. 
The source of supply of the goods or property or services proposed to be sold, where such goods, services or products are located and the method of delivery.
g. 
Three (3) recent photographs of the applicant, which shall be approximately two by two (2" x 2") inches, showing the head and shoulders of applicant in a clear and distinguishing manner.
h. 
Appropriate evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
i. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor.
j. 
The applicant shall be fingerprinted, if requested by the Chief of Police, who shall determine whether the fingerprints are necessary for proper identification, and which fingerprint records shall be immediately processed for classification and identification.
k. 
At the time of filing the application, a fee of five ($5.00) dollars shall have been paid the Borough Clerk to cover the cost of investigation of facts stated therein.
l. 
No license shall be issued until the application shall have been approved by the Police Department, allowing adequate time for investigation of the facts set forth in the application.
m. 
Applications for partners shall be signed by all partners, with foregoing provisions of this subsection answered in detail as to each partner, and applications of corporations shall have attached thereto individual statements, in accordance with all of the provisions of this subsection relating to each employee, agent or servant who shall engage in any of the functions authorized by this Section, and signed by each such agent, servant or employee, and full compliance herewith by each such individual.
[Ord. #368, S 53-5]
a. 
Any person, organization, society or association desiring to solicit or have solicited in the name money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, at any place within the Borough for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of subsections 4-2.4 and 4-2.7, provided there is filed a sworn application in writing with the Borough Clerk, which shall give the following information:
1. 
Name and purpose of the cause for which the permit is sought.
2. 
Period during which solicitation is to be carried on.
3. 
Names and addresses of the officers and directors of the organization.
4. 
Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation, and the amount thereof.
5. 
Name and address of each agent or representative who will conduct solicitations and the length of time that the agent or representative has been employed or affiliated with such organization, society, associations or corporations.
b. 
Upon being satisfied that such person, organization, society or association is a religious, charitable, patriotic or philanthropic organization and that the agents or representatives who shall conduct the solicitations are of good moral character and reputation, the Borough Clerk shall issue a permit without charge to such organization, association, society or corporation to solicit in the Borough. Such organization, association, society or corporation shall furnish all its members, agents or representatives conducting soliciting, credentials in writing stating the name of the organization, name of the agent and purpose of solicitation.
[Ord. #368, S 53-6]
a. 
Each application shall be referred to the Chief of Police or officer in charge of the Police Department, who shall immediately institute such investigation of the applicant's business and moral character as he/she deems necessary for the protection of the public good, and shall endorse the application in the manner prescribed in this subsection within a reasonable period of time after it has been filed by the applicant.
b. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory or the product or services are not free from fraud, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return the application to the Borough Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
[Ord. #368, S 53-7; Ord. #2011-14]
a. 
Every applicant for a license under this Section shall pay a license fee of one hundred ($100.) dollars.
b. 
Any veteran who holds a special State license issued under the laws of the State of New Jersey shall be exempt from securing a license as provided herein for hawking and peddling, but shall be required to comply with all other subsections of this Section applicable and shall be required to procure from the Borough Clerk a special veteran's permit, which shall be issued by the Borough Clerk upon proper identification.
c. 
Any person to whom a valid mercantile license shall have been issued under provision of law other than the within Section shall be exempt from securing a license as provided in this section, but the person or said person's employees, agents or servants shall be required to procure from the Borough Clerk a permit, upon proper identification and compliance herewith.
d. 
Any person making application under the provisions of this Section for the sale of flags or balloons, banners, pinwheels and other similar trinkets usually sold during the holding of any parade or other festivity in celebration of a holiday or occasion shall not be required to pay any fee for such license. However, such applicant shall comply with all of the rest of the terms and conditions of said Section. Such license shall be issued by the Clerk only for the day or days on which such celebration is to be held in the Borough.
e. 
The provisions of subsection 4-2.7 shall not apply to charitable, nonprofit, philanthropic and religious organizations, however, such organizations shall comply with the remaining provisions of this Section. This includes political, patriotic, religious, service, welfare, benevolent, educational, civic or fraternal corporations, associations, organizations and societies not organized for private gain. All applicants shall provide proof of nonprofit status upon request, which may include evidence of tax exemption.
[Ord. #368, S 53-8; Ord. #740, S 1; New; Ord. #90-21, SS 1, 2]
Every person to whom a license is issued under the terms of this Section shall be governed by the following rules and regulations:
a. 
All circulars, samples or other matter shall be handed to an occupant of the property and not left on or about the same.
b. 
No person subject to the provision of this Section shall canvass, solicit or distribute circulars or other matter or call from house to house except during reasonable hours during the day and on weekdays.
c. 
No person subject to the terms of this Section shall enter or attempt to enter the lands, place of business or house of any resident in the Borough without an express invitation from the occupant of the house.
d. 
No person subject to this Section shall conduct himself in such manner as to become objectionable to or annoy an occupant of the house or place of business.
e. 
No person subject to and duly licensed pursuant to this Section shall engage in or in any manner pursue any licensed business or activity except during the following prescribed hours: On any day from 9:00 a.m. to 9:00 p.m.
f. 
Notwithstanding any other provision in this Chapter, solicitors representing Dimension Cable TV, the Borough cable TV franchise, shall be allowed to solicit as late as sundown. This special allowance shall expire on December 31, 1985.
[Ord. #368, S 53-9]
No licensee or any person in his behalf shall shout, cry out, blow a horn, ring a bell or any sound-making or amplifying device upon any of the streets, parks or other public places of the Borough or upon private premises, where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places, for the purpose of attracting attention to any goods, wares, merchandise or services which the licensee proposed to sell.
[Ord. #368, S 53-10]
No licensee shall have any exclusive right to any location in the public streets nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this Section, the judgment of the police officer exercised in good faith shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenience.
[Ord. #368, S 53-11]
Licensees are required to exhibit their certificate of license at the request of any citizen or member of Police Department.
[Ord. #368, S 53-12]
The Chief of Police shall report to the Borough Clerk all convictions for violations of this Section, and the Borough Clerk shall maintain a record for each license issued and record the report of violations therein.
[Ord. #368, S 53-13]
a. 
Licenses issued under the provisions of this Section may be revoked by the Council of the Borough after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation or a materially incorrect statement made in the course of carrying on his business as solicitor, canvasser or peddler.
2. 
Fraud, misrepresentation or a materially incorrect statement contained in the application for license.
3. 
Any violation of this Section.
4. 
Conviction of any crime or misdemeanor.
5. 
Conducting the business of peddler, canvasser or solicitor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of the hearing for revocation of a license shall be given by the Borough Clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing.
[Ord. #368, S 53-14]
All annual licenses issued under the provisions of this Section shall expire at 12:00 Midnight, December 31, in the year when issued. Other than annual licenses shall expire at 12:00 Midnight on the date specified in the license.
[Ord. #368, S 53-15]
This Section shall not affect any person engaged in delivering wares, goods or merchandise or articles or things, in the regular course of business, to the premises of the person ordering or entitled to receive the same.
[Ord. #2004-19, S 1]
a. 
The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that canvassing and soliciting is not permitted on the premises. Notification shall be by completion of a form available at the Borough Clerk's Office during normal business hours. The list shall be updated on January 1, April 1, July 1 and October 1 of each year.
b. 
The Borough Clerk shall submit the nonsolicitation list to the Chief of Police quarterly to be distributed to applicants for a license to canvass or solicit pursuant to the provisions of this Chapter. The licensee shall not canvass or solicit at any address of the nonsolicitation list.
c. 
The Tax Assessor shall, upon being advised of a transfer of ownership of a residential premises, notify the Borough Clerk of said conveyance, whereupon the Borough Clerk shall remove the premises from the nonsolicitation list.
[Ord. #368, S 53-16; Ord. No. 2017-15]
a. 
Any person violating the terms of this section, whether as a principal or agent, or an employee of another, shall upon conviction be subject to the following penalties.
1. 
A maximum fine of five hundred ($500.00) dollars per offense.
2. 
Revocation of any permit issued pursuant to this section, and a period of ineligibility not to exceed one (1) year, to engage in canvassing or soliciting activities covered by this section.
b. 
Each violation shall be deemed a separate offense and shall be subject to cumulative fines and penalties as set forth above.
Editor's Note: Prior ordinance history includes portions of Ordinance No. 538.
[Ord. #2008-01, S 1]
As used in this section, the following terms shall have the meanings indicated:
MASSAGE
shall mean systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such application may include, but is not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, explaining and describing myofascial movement, self-care and stress management as it relates to massage, bodywork, and somatic therapies.
MASSAGE ESTABLISHMENT
shall mean any massage establishment or place of business wherein massage as to all or any one (1) or more of the above-described subjects and methods of treatments, as defined under "massage therapist," are administered or used.
MASSAGE THERAPIST
shall mean any person who practices or administers as to all or any of the following-named subject matters and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage: the art of body massage, either by hands or with a mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring; the use of oil rubs, heat lamps, salt glows, hot and cold packs and tub, shower or cabinet baths. Variations of the following procedures are employed: touch, kneading, vibration, percussion and medical gymnastics. Massage therapists shall not diagnose or treat classified diseases or practice spinal or other joint manipulations or prescribe medicines or drugs.
[Ord. #2008-01, S 1]
It shall be unlawful for any person or persons to engage in the practice of or attempt to practice massage, whether for a fee or gratuitously, or to conduct massage without a license issued pursuant to the provisions of this section.
[Ord. #2008-01, S 1]
An applicant for a license shall submit the following information:
a. 
The applicant's full name and address.
b. 
The applicant's height, weight, and color of eyes and hair.
c. 
A current photograph.
d. 
The massage or similar business license history, if any, of the applicant, including whether such person, in the previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor and any business activity or occupation subsequent to the action of suspension or revocation.
e. 
All criminal convictions and the grounds therefor.
f. 
A certificate from a medical doctor designating that the applicant has, within thirty (30) days immediately prior thereto, been examined and found to be free of any contagious or communicable diseases.
g. 
A current certificate as a massage therapist from the State of New Jersey pursuant to the Massage, Bodywork, and Somatic Therapist Certification Act, N.J.S.A. 45:11-53 et seq.
[Ord. #2008-01, S 1]
a. 
Any person desiring to obtain a license to operate a massage establishment or to perform massage services shall make application to the Borough Clerk, who shall refer all such applications to the Chief of Police for an appropriate investigation.
b. 
Each application shall be accompanied by a license fee of five hundred ($500.00) dollars.
c. 
Any employee desiring to be licensed as a massage therapist pursuant to subsection 4-3.9 of this section shall pay a fee of two hundred ($200.00) dollars and otherwise comply with the application requirements of this Section, where applicable.
[Ord. #2008-01, S 1]
Each application for a license that is in compliance with the requirements of subsection 4-3.4, or the renewal of a license thereof, either to operate a massage establishment or premises or to engage in the business of or to be employed as a masseur or masseuse, which is submitted to the Borough Clerk, shall be approved by the Borough Council before any license is issued. The Borough Council shall not approve such application if, on the basis of the past criminal record of the applicant, or of the principals thereof, or on the basis of other evidence of bad character or morals, it shall determine that the granting or renewal of such license would tend to encourage or permit criminal or immoral activities within the Borough.
[Ord. #2008-01, S 1]
a. 
Upon payment of the application fee, submission of all information required by the application and upon proper inspection, a license shall be granted immediately if all requirements described herein are met and unless it appears that any such applicant has deliberately falsified the application or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude or a vice, drug or gambling crime or offense.
b. 
Any person denied a license pursuant to these provisions may appeal to the Borough Council, in writing, stating reasons why the license should be granted. The Council may grant or deny the license. The Council may also review any determination of the Chief of Police granting or denying a license on its own motion.
c. 
All licenses hereunder are nontransferable; provided, however, that a change of location of a massage establishment may be permitted pursuant to the provisions thereof.
d. 
All licenses pursuant to this section shall be for a term commencing on January 1 of each year and terminating on December 31 of each year. The license fees provided for in subsection 4-3.4 of this section shall not be prorated in the event that an application for a license is made at any time after January 1 of any year.
[Ord. #2008-01, S 1]
Every person to whom a license shall have been granted shall display said license in a conspicuous place at his or her place of business.
[Ord. #2008-01, S 1]
No license to conduct a massage establishment shall be issued unless an inspection discloses that the establishment complies with each of the following minimum requirements:
a. 
A readable sign shall be posted at the main entrance identifying the establishment as a massage establishment; provided, also, that all such signs shall otherwise comply with the general sign requirements of the Borough of Point Pleasant.
b. 
Minimum lighting shall be provided in accordance with the applicable ordinances of the Borough of Point Pleasant; and, additionally, at least one (1) artificial light of not less than fifteen (15) watts shall be provided in each enclosed room or booth where massage services are being rendered.
[Ord. #2008-01, S 1]
A change of location of the massage premises shall be approved by the Chief of Police, provided that all applicable ordinances are complied with and the change of location fee of one hundred ($100.00) dollars is first paid.
[Ord. #2008-01, S 1]
It shall be the responsibility of the holder of the license for a massage establishment to ensure that each person employed as a massage therapist shall first have obtained a valid license pursuant to this section.
[Ord. #2008-01, S 1]
At least four (4) times each year, an inspection of each massage establishment may be made for the purpose of determining that the provisions of this section are met.
[Ord. #2008-01, S 1]
a. 
No license shall be revoked until after due notice and a hearing shall have been held before the Borough Council to determine just cause for such revocation.
b. 
Notice of such hearing shall be given in writing and served at least ten (10) days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license and shall designate the time and place where such hearing will be held.
c. 
The notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion. In the event that the license holder cannot be found and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be served by certified mail, return receipt requested and by regular mail, addressed to the licensed holder at his or her place of business or residence at least ten (10) days prior to the date of such hearing.
[Ord. #2008-01, S 1]
The license of a massage therapist and/or massage establishment may be revoked upon one (1) or more of the following grounds:
a. 
The licensee is guilty of fraud in the practice of massage or fraud or deceit in his being licensed to the practice of massage.
b. 
The licensee has been convicted in a court of competent jurisdiction of a felony. The conviction of a felony shall be the conviction of any offense which, if committed within this State, would constitute a felony under the laws thereof.
c. 
The licensee is engaged in the practice of massage under a false or assumed name or is impersonating another practitioner of a like or different name.
d. 
The licensee is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate such person for the performance of his or her professional duties.
e. 
The licensee is guilty of fraudulent, false, misleading or deceptive advertising or that he/she or she prescribes medicines or drugs or practices any other licensed profession without legal authority therefor.
f. 
The licensee is guilty of willful negligence in the practice of massage or has been guilty of employing, allowing or permitting any unregistered person to perform massage in his or her establishment.
g. 
The licensee has violated any of the provisions of this Section, including allowing an unlicensed person to perform massage.
h. 
The licensee knew of or allowed acts of prostitution upon the licensed premises.
[Ord. #2008-01, S 1]
The requirements of this Section shall have no application and no effect upon and shall not be construed as applying to physicians, surgeons, chiropractors, osteopaths or any nurse working under the supervision of a physician.
[Ord. #2008-01, S 1]
Any person who shall violate any of the provisions of this Section shall, upon conviction, be subject to the penalties as provided in Chapter 1, Section 1-5 entitled "General Penalty."
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 693 and 2002-22.
[Ord. #2010-01, S 1]
To establish rules and regulations, pursuant to N.J.S.A. 56:13-7, et seq., for the towing and storage of motor vehicles from public roadways by operators engaged in the business of towing and storing motor vehicles.
[Ord. #2010-01, S 1]
The provisions of this Section shall apply to those businesses that engage in towing and storage of motor vehicles within the Borough of Point Pleasant Borough through the Police Department.
[Ord. #2010-01, S 1; Ord. #2011-08, S 1; Ord. #2011-16, S 1]
As used in this chapter:
ABANDONED VEHICLE
shall mean a motor vehicle which the owner or operator leaves on a public roadway and fails to notify the police or does not attempt to repair and remove the same within a reasonable period of time.
ACCIDENT VEHICLE
shall mean a motor vehicle which has been involved in an accident.
CLASS 1 VEHICLE
shall mean a motor vehicle having a gross vehicle weight (GVWR) 8,000 pounds and under.
CLASS 2 VEHICLE
shall mean a motor vehicle having a gross vehicle weight (GVWR) of 8,001 to 15,000 pounds.
CLASS 3 VEHICLE
shall mean a vehicle, truck, bus, and all other heavy equipment having a gross vehicle weight (GVWR) of 15,000 pounds or more.
DISABLED VEHICLE
shall mean any motor vehicle which is unable to operate under its own power.
EMERGENCY ROAD SERVICES
shall mean any service call not requiring the towing of a vehicle and including vehicle assistance services such as lockout assistances, tire changes, fuel service, jump start or hotstart.
HEAVY-DUTY RECOVERY
shall mean the recovery of any motor vehicle over ten thousand (10,000) pounds gross vehicle weight which requires the vehicle to be uprighted or recovered from either on or off the traveled portion of a public roadway.
HEAVY-DUTY TOWING
shall mean the towing of any motor vehicle over ten thousand (10,000) pounds gross vehicle weight.
IMPOUNDED VEHICLE
shall mean a vehicle which, at the direction of the Police Department, is taken into police custody because the operator of the vehicle was engaged in a violation of the law, including but not limited to, the operator being arrested on a DWI charge, the operator having been arrested for driving without registration or insurance, or the operator having been arrested for stealing the motor vehicle, or the vehicle having been involved in a serious accident.
LIGHT-DUTY TOWING
shall mean the towing of any motor vehicle up to and including ten thousand (10,000) pounds gross vehicle weight.
MOTOR VEHICLE
shall mean all vehicles propelled otherwise than by muscular power, including trailers and recreational campers, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
OFF-ROAD RECOVERY
shall mean the recovery of any motor vehicle from a position beyond the right-of-way or berm or from being impaled on any other object within the right-of-way, by any action which may include winching and/or rigging.
STORAGE RATES
shall mean fees charged for the storage of motor vehicles.
TOWING LIST
shall mean a rotating list of all towing services registered with the Borough of Point Pleasant Borough kept by the Borough Chief of Police.
TOWING RATES
shall mean fees charged by a towing service for removal and transportation of a motor vehicle.
TOWING SERVICE
shall mean a business engaged in the towing and storing of motor vehicles which has been approved for the towing list.
TOWING VEHICLE
shall mean a motor vehicle employed by a towing service for the purpose of towing, transporting, conveying or removing motor vehicles from public roadways.
WINCHING
shall mean any operation in which a motor vehicle is moved onto a roadway from a location off a roadway, or uprighting or overturning a vehicle.
[Ord. #2010-01, S 1; Ord. #2011-08, S 2; Ord. #2011-16, S 2; Ord. #2015-27 § 1]
a. 
No towing service shall be placed upon the towing list for the towing or storing of motor vehicles within the Borough, unless the towing service shall first provide annual proof of registration from the New Jersey Department of Consumer Affairs. In order to be placed upon the towing list for light-duty towing, a towing service must be located within the boundaries of the Borough of Point Pleasant Borough or within one (1) mile of the boundaries of the Borough of Point Pleasant, so as to facilitate and expedite calls for service when required. Registration applications shall be made available by the Borough Police Department. A towing service that has met all the specifications and requirements of this Section and has registered with the Borough shall be placed on the towing list by the Chief of Police; however, the maximum number of towing services on the Borough's towing list shall be four (4) such services. Services shall be placed on the Borough's towing list on a first-come first-served basis. Vacancies shall be filled in the same manner. Each towing service must submit their schedule of basic towing and storage rates with their registration application. The rates and fees for towing and storage of motor vehicles shall not exceed the rates set by Council resolution, which shall be set on an annual basis.
b. 
The towing service owner or its authorized representative shall sign the registration application form indicating that the full requirements of this section have been met by the towing service applicant.
c. 
If any information provided by a towing service in its registration application changes, the towing service is responsible for notifying the Police Department of the change in the registration information within thirty (30) days of such change. Failure to comply with this provision will be deemed a violation of this Section.
[Ord. #2010-01, S 1]
a. 
No towing service shall operate within the Borough unless it carries liability insurance in the following amounts:
1. 
Garage Liability/Comprehensive General Liability insurance policy in an amount not less than one million ($1,000,000.00) dollars combined single limited covering bodily injury and property damage liability, including but not limited to personal injury, products liability, independent contractor and completed operation coverage;
2. 
Garage Keepers Legal Liability insurance policy in an amount not less than one hundred thousand ($100,000.00) dollars;
3. 
For heavy-duty towing and heavy-duty recovery vehicles, one million ($1,000,000.00) dollars combined single limit with endorsement MSC-90;
4. 
Automobile Liability insurance policy in an amount not less than one million ($1,000,000.00) dollars combined single limit covering bodily injury and property damage liability, including but not limited to owned, non-owned and hired vehicles;
5. 
Worker's Compensation insurance as required by law, including but not limited to statutory New Jersey Worker's Compensation Benefits and employer's liability coverage;
6. 
All policies shall provide an endorsement for collision coverage for motor vehicles and cargo towed by towing service vehicles; and
7. 
On all liability policies, the Borough of Point Pleasant Borough shall be added as an additional insured, and insurance policies and/or certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the Borough.
[Ord. #2010-01, S 1]
a. 
Fees and rates for the towing and storage of motor vehicles, including an administration fee paid to the Borough, shall be established by resolution of the Mayor and Borough Council, which rates shall be based on the usual, customary and reasonable rates of operators towing and storing motor vehicles in the Borough.
b. 
Fees and rates for the towing and storage of motor vehicles shall be reviewed by the Chief of Police on an annual basis, and shall be revised, if necessary, by resolution of the Mayor and Borough Council. The Chief of Police shall advise all towing services placed on the towing list of any such revisions.
c. 
The fees and rates set by this Section, and any subsequent revisions thereto, shall be submitted to the Division of Consumer Affairs for review, and shall be made available to the public during normal business hours of the Borough.
[Ord. #2010-01, S 1]
a. 
All towing services placed on the towing list shall be available to respond to a call in accordance with the towing rotation schedule of on-call status established by the Chief of Police.
b. 
All towing services shall respond to a call in any part of the Borough within twenty (20) minutes. If a towing service does not respond within twenty (20) minutes of a call, the towing service next on the list shall be called and entitled to provide services as needed, and the first towing service shall lose any claim to compensation.
c. 
All drivers and operators of towing vehicles shall be properly licensed to operate a motor vehicle within the State of New Jersey and are subject to driver's license checks by the Borough Police Department at the time of registration and at least on an annual basis thereafter. All towing vehicles shall be properly registered and inspected in accordance with any applicable law.
d. 
All vehicles must be towed in a safe manner.
e. 
All towing services shall be capable of providing reasonable roadside services to disabled vehicles such as, but not limited to, jump-starting and changing of flat tires. Such services will only be performed if they can be done so safely, as determined by the police officer on the scene.
f. 
All towing services shall make available a copy of its basic rates and a business card to all owners and operators of motor vehicles which will be towed.
g. 
All towing services shall keep accurate records of all motor vehicles towed and stored at the direction of the Borough Police Department. A copy of such records shall be provided to the Borough upon request.
h. 
Towing services shall not remove any motor vehicle which has been abandoned or involved in an accident in any public roadway without first notifying the Borough Police Department.
i. 
The Police Department shall not call a towing service to remove a vehicle from private property. The Police Department shall provide the property owner with all available information regarding the ownership of the motor vehicle on their property, and the property owner will then be responsible for marking their own arrangements to remove the vehicle.
j. 
The towing service shall notify the Police Department of all vehicles found by the towing service to have been abandoned and not claimed within fourteen (14) days after being stored. The Police Department shall, upon notification, expeditiously process the vehicle in accordance with the New Jersey Motor Vehicle Code concerning abandoned and unclaimed motor vehicles.
[Ord. #2010-01, S 1; Ord. #2015-27 § 2]
a. 
A towing list will be kept with the Chief of Police. The towing list shall include all towing services which have registered with the Borough. A towing service shall be placed on the bottom of the towing list upon registration with the Borough. The towing list shall be a rotating list as provided in paragraphs b., c. and d. of this section.
b. 
When the need arises, the Police Department will call the towing service on the top of the list, which is on-call on the towing rotation schedule. The towing service called, if it shall perform any of the services covered by this Section shall be placed at the bottom of the towing list and not called again until all other on-call towing services on the towing list have been called.
c. 
If a towing service is unavailable to perform required services when called by the Police Department, for whatever reason, said towing service shall be charged with a call and placed at the bottom of the towing list, and the next available on-call towing service shall be called. The towing service that responds in its place shall remain at the top of the list.
d. 
If a towing service, after being dispatched, is recalled and does not perform any duties or services covered by this Section, the towing service shall remain on the top of the towing list. However, if a towing service arrives at the scene of an incident in which its services are required and cannot perform said services, it shall lose its place on the towing list, and the next on-call towing service on the list shall be called.
e. 
It shall be a violation of this Section if the towing service which is on the rotating list sends another company to perform towing services in its absence. When the need arises, the towing service called from the list must be the towing service that responds to the call. A towing service on the list shall not send another company, subcontractor, etc., in their place. If the towing service on the list does not self-respond to the call, the next towing service on the list will be used.
[Ord. #2010-01, S 1; Ord. #2011-08, S 3; Ord. #2011-16, S 3]
a. 
All storage facilities operated or used by towing services shall meet all local zoning and code requirements, and must be located within the Borough of Point Pleasant or within one mile of the boundaries of the Borough of Point Pleasant.
b. 
All towing services shall have an indoor storage facility at its disposal for motor vehicles which have been involved in criminal activity and impounded by the Police Department. As an alternative to having an indoor storage facility, all towing services shall provide for "crash wrap" in order to adequately protect and safeguard vehicles from damage due to weather.
c. 
All storage facilities shall have a business office open to the public between the hours of 8:00 a.m. and 6:00 p.m. at least five (5) days a week, excluding holidays.
d. 
All outside storage facilities shall be secured and fully enclosed by a sturdy fence having a minimum height of six (6') feet, with a lockable gate for ingress and egress, and shall be lighted from dusk to dawn.
e. 
A towing service may charge a release fee or other charge, as permitted by resolution adopted by the Borough Council, for releasing motor vehicles to their owners after normal business hours or on weekends.
f. 
All towing services shall be responsible for ensuring the proper and safe storage of all motor vehicles towed pursuant to this Section, and shall be liable for any damage incurred by such motor vehicles while in transit to or while stored in the storage facilities.
[Ord. #2010-01, S 1]
a. 
All towing services engaged in light-duty towing shall have at least one (1) rollback truck or one (1) wrecker, with necessary booms and equipment to do the complete removal. Each truck must have a manufacturer's capacity of at least ten thousand (10,000) pounds gross vehicle weight and a manufacturer's boom capacity of four (4) tons. Proof of capacity must be supplied to the Police Department at the time of registration.
b. 
All towing services engaged in heavy-duty towing shall have one (1) heavy-duty wrecker with a manufacturer's capacity of not less than twenty-seven thousand (27,000) pounds gross vehicle weight and a boom capacity of not less than twenty-five thousand (25,000) pounds independently or twenty-four (24) tons jointly; air brakes so constructed as to lock rear wheels; and heavy-duty underreach.
c. 
All towing services engaged in heavy-duty recovery shall have two (2) heavy-duty wreckers with manufacturer's capacity of not less than twenty-seven thousand (27,000) pounds gross vehicle weight and boom capacity of not less than twenty-five thousand (25,000) pounds independently or twenty-four (24) tons jointly; two (2) power winches with pulling capacity of not less than twenty-five thousand (25,000) pounds each; at least two hundred (200') feet of cable at least nine-sixteenths (9/16") of an inch diameter on each drum; double boom to permit splitting, or single boom hydraulically elevated and extendible with a three hundred sixty (360) degree swivel on the end of the boom; air brakes so constructed as to lock rear wheels; heavy-duty underreach; and two (2) snatch blocks with a twenty-five thousand (25,000) pound rating and two (2) scotch blocks.
d. 
All towing vehicles must have radio equipment with a 24-hour dispatch service or a cellular telephone for the purpose of maintaining communications with the Police Department radio desk.
e. 
All towing vehicles must be equipped with at least one (1) five (5) pound ABC-type fire extinguisher, safety chains, substances for application to small liquid spills (such as "speedy dry" type of products), and stiff push brooms to clean up debris at the scene.
f. 
Proof of towing vehicle and equipment specifications shall be provided to the Borough with the registration application.
g. 
All towing vehicles are to conform with all applicable State and Federal laws and shall be subject to inspection by Borough officials during normal business hours at the time of registration and on an annual basis thereafter.
[Ord. #2010-01, S 1]
a. 
If a motor vehicle operator or owner wishes to have his vehicle towed by a particular towing service, their request shall be honored, providing the police officer in charge at the scene has not already dispatched a towing service or the police officer has determined that the motor vehicle in question will not be removed in an expeditious or safe manner and will jeopardize the public safety, in which case the motor vehicle operator or owner shall be required to utilize a compensated dispatched towing service.
b. 
The owner or operator of any motor vehicle required to be towed or stored shall have the right to remove all personal items and effects from the motor vehicle unless the Police Department has placed a police hold on any such items.
c. 
The motor vehicle owner or his representative shall have the right to take photographs of any stored vehicle for insurance purposes.
d. 
Upon request of the motor vehicle owner or his representative, a towing service shall provide a detailed and itemized bill for all services rendered.
[Ord. #2010-01, S 1]
All towing services shall be responsible for collection of all fees for services rendered. In addition however an administration fee as set by resolution of the Borough shall be charged by the Borough to the owner of the motor vehicle towed, which administration fee shall be collected by the towing company and paid to the Borough within ten (10) days of collection.
[Ord. #2010-01, S 1]
a. 
All violations of this Section and all complaints by the public or Police Department against any towing service shall be forwarded to the Mayor and Borough Council.
b. 
The Mayor and Borough Council, in their discretion, shall determine if any complaint or violation against a towing service of such a serious nature as to warrant a hearing and possible disciplinary measures. If the Mayor and Borough Council decide that a hearing is required, it shall upon proper notice to all uninterested parties, conduct a hearing in which all parties may present evidence. If, after a hearing, the Mayor and Borough Council find that a towing service has violated any provision of this Section, it may, depending on the seriousness of the offense:
1. 
Fine the violating party not more than one thousand ($1,000.00) dollars.
2. 
Suspend the violating party from the towing list for not more than three (3) months for a first offense; not more than six (6) months for a second offense; not more than one (1) year for a third offense.
3. 
Permanently remove the violating party from the towing list for any violation after its third offense.
[Ord. #697, S 1; Ord. #704, S 1]
The purpose of this Section is to establish an alarm permit system in order to prevent response by public safety forces to unjustifiable false alarms and to minimize related threats to public safety which can result from the irresponsible installation and operation of such systems.
[Ord. #697, S 2; Ord. #704, S 2; Ord. #821, S 1]
As used in this Section:
ALARM
shall mean any fire alarm, burglar alarm, or other device designed and employed for the purpose of detecting a condition which may be harmful to any property or person.
AUDIBLE ALARM
shall mean any alarm system so designed as to transmit a signal which is audible outside of the alarmed premises. This definition specifically excludes smoke detectors designed to warn persons inside of the alarmed premises.
CALENDAR YEAR
shall mean the year commencing on January 1 and ending on December 31.
DIAL ALARM
shall mean an alarm devices which utilize conventional office telephone lines to transmit alarm messages to the Borough Police Department Telephone System.
FALSE ALARM
shall mean an alarm activated by inadvertence, negligence, or unintentional act of someone other than an intruder, and includes as well, alarms caused by malfunctioning of the alarm device or other equipment. This definition shall not include alarms caused by the malfunctioning of the Point Pleasant alarm console or alarms caused by hurricanes, earthquakes, storms or other conditions of nature.
PANEL ALARM
shall mean alarm devices which may be connected to an electric or electronic alarm panel located in Police Headquarters.
THIRD PARTY ALARM
shall mean alarm system whereby a signal is sent to a contractor who transmits the occurrence of an alarm to the Borough's Police Department by telephone.
[Ord. #697, S 3; Ord. #704, S 3]
a. 
Prohibition. No person shall operate an audible alarm, dial alarm, or panel alarm or third party alarm with the Borough without first obtaining an appropriate permit. One permit shall be required per household, or business per premises for burglar alarms and/or fire alarms.
b. 
Contents for Permit. Each application for an alarm system permit shall contain the following.
1. 
Names, address and telephone number of applicant.
2. 
Names, address and telephone number of owner of premises, if other than applicant.
3. 
Names, address and telephone numbers of sufficient personnel acquainted with the alarm system who can be contacted in the event of an emergency.
4. 
Type of device.
5. 
Names of installer.
6. 
Required fees.
It shall be the responsibility of the permit holder to inform the Chief of Police in writing of any changes in the above information which may occur over time.
c. 
Issuance of Permit. Permits shall be issued by the Chief of Police upon the finding that the applicant has conformed to the requirement of this Section.
d. 
Revocation. Permits may be revoked by the Mayor and Council after an administrative hearing by the Police Committee for failure to comply with the requirements of this Section, for negligence in the operation of an alarm system, or for improper installation of an alarm system. Revocation of a permit shall result in the disconnection of alarms from the panel located at Police Headquarters.
[Ord. #697, S 4; Ord. #704, S 4]
a. 
Permit Fees. The fee for a one-time permit required under this Section shall be fifteen ($15.00) dollars.
b. 
Panel Alarm Fees. In addition to permit fees, persons who connect to the Borough owned panel alarm located at Police Headquarters, if an when such a unit is obtained, shall be responsible for an initial connection fee of thirty ($30.00) dollars, an alarm reconnection or (when appropriate) disconnection fee of fifteen ($15.00) dollars and a yearly monitoring fee of forty ($40.00) dollars.
[Ord. #697, S 5; Ord. #704, S 5]
a. 
The permit holder or in his absence, the manager or person in charge shall be responsible for resetting activated alarms upon being notified to do so by the Police Department. Audible alarms shall be designed to reset within twenty (20) minutes of initial activation, and dial alarms shall have a minimum duration of twenty-five (25) seconds.
b. 
Failure to Respond to Reset. The failure of a permit holder or a person responsible for the management and supervision at the alarm location to respond to reset an alarm shall result in a service fee of twenty-five ($25.00) dollars. This fee shall be in addition to any fees assessed for excess false alarms.
[Ord. #704, S 6; Ord. #821, S 3]
It shall be a violation of this Chapter for any person to incur more than five (5) false alarms on any one (1) system during a calendar year.
[Ord. #821, S 4; Ord. #2001-02, S 1]
Any person violating subsection 4-5.6 shall be fined fifty ($50.00) dollars for each excess false alarm incurred. Said fine shall be payable to the Borough of Point Pleasant and shall be deposited into a fund established for fire prevention programs.
[Ord. #821, S 5; Ord. #2001-02, S 2]
The provisions of this Section shall be enforced by the Police Department.
[Ord. #90-3, S 1]
The purpose of this Section is to implement the provisions of P.L. 1987, Chapter 174 to require any individual license or permit holder owning real property to bring up-to-date any overdue real property taxes in order to receive reissuance of a license or permit. Additionally, this Section shall provide for the revocation of a license or permit in accordance with the provisions of said Chapter 174.
[Ord. #90-3, S 2]
Prior to the issuance or renewal of any license or permit as set forth in Chapter IV of the Code of the Borough of Point Pleasant the applicant, if he/she is the owner of real property where the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted, shall be required to pay any and all delinquent real estate taxes upon said property.
[Ord. #90-3, S 3]
The owner of said real property upon which said business or activity is located, shall have his or her license or permit revoked in the event that said individual, corporation or partnership has failed to pay taxes due on the property for at least three (3) consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
[Ord. #90-3, S 4]
This Section shall not apply to New Jersey Alcoholic Beverage Licenses or Permits issued pursuant to the "Alcoholic Beverage Control Act," N.J.S.A. 33:1-1 et seq.
[Ord. #2012-01]
a. 
The Borough Clerk is hereby delegated the authority within the Borough of Point Pleasant. In the event that the Borough Clerk has a conflict, then the Borough Council shall retain the authority.
b. 
The Borough Clerk shall notify the Borough Council when raffles are issued, as appropriate, but at least, every three (3) months.
c. 
The fee to the Borough for the granting of the license shall be twenty ($20.00) dollars, plus any fee imposed by the State of New Jersey, if applicable.
d. 
The Borough Council reserves the right to modify the fee due to the Borough by adoption of the appropriate resolution.
[Prior ordinance history: Ordinance No. 2010-09]
[Ord. #2014-11]
The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering stolen precious metals and other secondhand goods by requiring minimum identification, reporting, maintenance and distribution criteria for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade, or occupation of the buying, selling, or pawning of precious metals or other secondhand goods without complying with the requirements of this chapter in the exact manner described herein.
[Ord. #2014-11]
ACCEPTABLE IDENTIFICATION
shall mean a current valid New Jersey Driver's License or Identification Card, a current valid photo driver's license issued by another US state, a valid United States Passport, or other verifiable US Government issued identification, which will be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department on request.
DEALER
shall mean any person, partnership, limited liability company, corporation, or other entity who, either wholly or in part, engages in or operates any of the following trades or businesses: the buying for purposes of resale of precious metals, jewelry, or other secondhand goods as defined herein; pawnbrokers as defined herein; itinerant businesses as defined herein. For the purposes of this ordinance, transient buyers, as defined herein, are subject to the same licensing and reporting requirements as any other dealers.
ITINERANT BUSINESS
shall mean a dealer who conducts business intermittently within the municipality or at varying locations.
MUNICIPAL CLERK
shall mean the statutory officer whose duties are defined in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of the "city," "town," "township," "village," or "borough."
PAWNBROKER
shall mean any person, partnership, association or corporation: lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehousemen and lending money on goods, wares or merchandise pledged or deposited as collateral security.
PRECIOUS METALS
shall mean gold, silver, platinum, palladium, and their alloys as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
PUBLIC
shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
REPORTABLE TRANSACTION
shall mean every transaction conducted between a dealer and a member of the public in which precious metals, jewelry, or any other secondhand goods as defined herein are purchased or pawned.
SECONDHAND GOODS
shall mean used goods such as antiques, gold, silver, platinum, or other precious metals, jewelry, coins, gemstones, gift cards, any tools, telephones, typewriters, word processors, GPS devices, computers, computer hardware and software, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, game cartridges, DVDs, CDs, and other electronically recorded material, firearms, cameras and camera equipment, video equipment, furniture, clothing, and other valuable articles. For the purposes of this Section, secondhand goods shall not include goods transacted in the following manner: i) judicial sales or sales by executors or administrators; ii) occasional or auction sales of household goods sold from private homes; iii) auctions of real estate; iv) the occasional sale, purchase, or exchange of coins or stamps by a person at his permanent residence or in any municipally owned building who is engaged in the hobby of collecting coins or stamps and who does not solicit the sale, purchase, or exchange of such coins or stamps to or from the general public by billboard, sign, handbill, newspaper, magazine, radio, television, or other form of printed or electronic advertising.
SELLER
shall mean a member of the public who sells or pawns used goods such as precious metal, jewelry, or other secondhand goods to a dealer.
TRANSIENT BUYER
shall mean a dealer, as defined herein, who has not been in a registered retail business continuously for at least six (6) months at any address in the municipality where the dealer is required to register or who intends to close out or discontinue all retail business within six (6) months.
[Ord. #2014-11]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he/she or she is a citizen of the United States, and whether or not he/she or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in subsection 4-8.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this Section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this Chapter and shall be subject to the penalties established in subsection 4-8.9.
[Ord. #2014-11]
a. 
Upon receipt of an application completed pursuant to this Section, the Municipal Clerk shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee, pursuant to this Section for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:
1. 
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in subsection 4-8.2 above, although nothing in this Section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2. 
The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license;
3. 
Any criminal record of the applicant including any past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.
4. 
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This Section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection 4-8.6d. of this Section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under subsection 4-8.6a.
b. 
The Chief of Police shall complete any investigation pursuant to this Section within thirty (30) days of the submission of the application to the Municipal Clerk, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received by the Chief of Police within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.
c. 
The Chief of Police shall, upon completion of the investigation, recommend "grant" or "denial" of the license to the Municipal Clerk, who shall grant or deny the license. Any recommendation of the Chief of Police shall be in writing and, in the case of a recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Municipal Clerk accepts the recommendation of the Chief of Police to deny any license, the applicant shall be notified in writing within ten (10) days of such denial and the Clerk shall forward to the applicant a statement of the reason or reasons for such denial.
d. 
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 4-8.5, the retention and inspection requirements of subsection 4-8.6, or any other portion of this Section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 4-8.7 of this Section.
e. 
Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before a three-person panel appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within ten (10) days of receiving written notice of denial of a license to act as a dealer of secondhand goods.
f. 
No license shall be assignable by the dealer.
[Ord. #2014-11]
For every reportable transaction between a dealer and the public, the dealer shall be required to do as follows:
a. 
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 4-8.2.
b. 
Require each seller to execute a "Declaration of Ownership," which shall contain the following certification: "My signature confirms that I am the sole legal owner of and am legally authorized to sell the goods being sold. By signing below I certify that I did not obtain and do not possess the identified goods through unlawful means. I am the full age of eighteen years and the identification presented is valid and correct."
c. 
Record and issue to each person selling or pawning such goods on a sequentially numbered receipt:
1. 
The name, address, and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;
2. 
The name, address, date of birth, and telephone number of the seller or sellers;
3. 
A photographed recording of the seller in a format acceptable to the Chief of Police, along with a physical description of the seller, including height and weight (approximate), hair color, eye color, facial hair, if any, etc.;
4. 
A photographed recording of the seller's presented acceptable identification, as set forth in subsection 4-8.2, in a format acceptable by the Chief of Police;
5. 
A photographed recording of all items sold in a format acceptable by the Chief of Police. When photographing, all items must be positioned in a manner that makes them readily and easily identifiable. Items should not be grouped together when photographing or imaging. Each item should have its own photograph;
6. 
The receipt number;
7. 
A detailed, legible description of the item(s) and the manufacturer and model of the item(s) if known; in the case of jewelry, the descriptions must include style, length, color, design, and stones, if any; any identifying marks, including numbers, dates, sizes, shapes, initials, names, monograms, social security numbers engraved thereon, serial numbers, series numbers, or any other information, which sets apart the particular object from others of like kind;
8. 
The price paid for the purchase or pawn of the item(s);
9. 
If precious metals, the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1 et seq.;
10. 
The time and date of the transaction.
d. 
The information outlined in paragraph c. above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this Section (this Section 4-8 was adopted 12-2-14 as Ord. No. 2014-11) and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in paragraph f. below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in paragraph c. above.
e. 
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within twenty-four (24) hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in paragraph c. above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in subsection 4-8.6.
f. 
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 4-8.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. #2014-11]
a. 
All precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven (7) calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 4-8.5 except for jewelry, which must be maintained for at least ten (10) business days or for the statutory period provided in N.J.S.A 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the required retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b. 
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 4-8.5b. upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c. 
It shall be an affirmative defense to any prosecution or administrative proceeding brought against a dealer for a violation of this section if retention for the time period required would have resulted in serious and substantial economic losses to the dealer, or the probability of such losses was significant due to rapid and highly fluctuating market conditions, provided that the persons so charged shall prove the existence of the market conditions giving rise to the aforesaid defense by a preponderance of the evidence. Market conditions, in order to be a defense hereunder, must be such that financial analysts would characterize trading as at or approaching a level or occurrence so as to clearly distinguish trading conditions from normal variations in market movement in response to economic news or other events.
d. 
In addition to all other reporting requirements, every dealer shall maintain for at least five (5) years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 4-8.5c.
e. 
No dealer shall purchase any item covered by this Section from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Chief of Police or business designee identifying the individual from whom such purchase is to be made and the item to be purchased.
f. 
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder.
This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 4-8.9 of this Section.
1. 
Grounds for Suspension. The following shall constitute grounds for suspension: violation of any provisions of this Section, including failure to comply with any training or fees associated with the electronic database software system in use by the municipality; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.
2. 
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to paragraph h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
3. 
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in paragraph h.
g. 
Revocation. A license issued under this Section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this Section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 4-8.9.
1. 
Grounds for Revocation. The following shall constitute grounds for revocation: a third violation under this Section; a second violation under this Section less than one year after an earlier violation under this Section; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.
2. 
Procedure for Revocation. Upon a determination that appropriate grounds exist and that a revocation is warranted, the Chief of Police or the Chief's designee shall so report to the Municipal Clerk in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. A three-person panel, appointed by the Chief of Police, shall review the stated grounds for revocation and the panel shall issue an appropriate disposition of either suspension, revocation, or reinstatement. If the panel determines that revocation is the appropriate disposition, it shall set forth the grounds for the same in writing in the form of a notice of revocation, which shall be provided to the dealer. The notice shall advise the dealer of the right to appeal. If the panel determines that suspension is the appropriate disposition, it shall provide the dealer with a notice of suspension that shall advise the dealer of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating as a dealer of precious metals or other secondhand goods within the municipality.
h. 
Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall be entitled to a hearing before a three-person panel, appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such suspension or revocation. Any applicant exercising the right to appeal must file a written notice of appeal within ten (10) days of receiving written notice of revocation or suspension of license.
i. 
A dealer shall have the right to change the location of the licensed business, provided that he/she or she notifies the Municipal Clerk, in writing, of the street address of said new location.
[Ord. #2014-11]
Each dealer covered under this Section shall deliver a bond to the Municipal Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by the Municipal Attorney, as defined in N.J.S.A. 40A: 9-139, and shall be in the penal sum of $10,000., conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the municipality in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the dealer licensed under this Section, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the Borough of Point Pleasant Borough, be and remain for the benefit of any person who shall obtain a judgment against obligor as a result of damage sustained in operation pursuant to any license granted under Section 4-8, Dealers in Precious Metals and Other Secondhand Goods of the Code of the Borough of Point Pleasant, New Jersey." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
[Ord. #2014-11]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this chapter, is $100. The annual renewal fee for a license is $50. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 4-8.5d. of this Section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. #2014-11]
Violation of any provision of this Section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding ninety (90) days in addition to a suspension or revocation of operating license as provided in subsections 4-8.6f. and 4-8.6g. above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this Section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 4-8.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this Section.
[Ord. #2014-11]
Editor's Note: Ordinance No. 2014-11, codified herein as Section 4-8, was adopted December 2, 2014.
a. 
Any person, partnership, limited liability company, corporation, or other entity engaging in the business of a pawnbroker, or a dealer in precious metals or other secondhand goods shall conform to the provisions of this Section within ninety (90) days following the date of its final passage by the Borough Council and approval by the Mayor.
See also Code Section 8-5, Property Maintenance Regulations.
[Ord. #2010-14]
The owner or owners of any residential building, or any agent acting on behalf of any owner or owners as defined herein, who intends to rent or lease all or part thereof as a residential rental, as defined herein, during all or any portion of the ensuing year shall first make application to the Construction Official of the Borough for the issuance of a rental certificate of occupancy on each form or forms as may be required by the Construction Official. Such application shall be accompanied by the appropriate filing fee as set forth in subsection 4-9.3.
[Ord. # 2010-14; Ord. #2011-12]
Upon the filing of the application delineated in subsection 4-8.1 for a rental certificate of occupancy the Construction Official or his subordinates or designates, shall conduct an inspection of the subject units within thirty (30) days from the filing of the application. Inspections shall be conducted in accordance with the provisions of the "International Property Maintenance Code" 2012 Edition, which code is hereby adopted and which shall be strictly enforced. Any re-inspection(s) as provided herein shall be made within ten (10) days from the date the Construction Official is notified in writing that the application violations cited have been abated.
Seasonal rentals shall be inspected on an annual basis. Annual rentals shall be inspected once every three (3) years or upon the change of occupancy if the same shall occur prior to the expiration of during said three (3) year period. With annual rental applications, the applicant shall be required to list the name of the tenant at the commencement of said three (3) year license period.
Rental shall include the use of a residence by someone other than the owner even though no funds are transferred for said use.
[Ord. #2010-14]
The filing fee will be one hundred ($100.00) dollars for each filing. Reinspection fees will be fifty ($50.00) dollars for the inspection.
[Ord. #2010-14; Ord. #2011-12]
Notice of any violation of the International Property Maintenance Code, 2012 Edition, shall be provided in accordance with Section PM-106 of the International Property Maintenance Code. Upon correction of the violation(s), the applicant shall notify the Construction Official in writing of such fact and a reinspection shall be made upon payment of the appropriate fee.
[Ord. #2010-14]
Upon the completion of satisfactory inspection, the Construction Official shall forthwith issue a rental certificate of occupancy. In the case of summer seasonal occupancies the certificate of occupancy will be in force for one (1) year from the date of issue. In all other cases the certificate of occupancy will be in force until a change in tenant occupancy occurs.
[Ord. #2010-14]
If subsequent to the issuance of a rental certificate of occupancy, the Construction Official, his subordinates or designates learn or become aware of violations of the International Property Maintenance Code, an inspection shall be made of the subject premises. If violations are found to exist, the provision of Section PM-106 of the International Property Maintenance Code, 2012, shall be followed. In addition thereto, if cited violations are not abated within ten (10) days from service of the notice, the rental certificate of occupancy shall be revoked by the Construction Official by mailing a notice of revocation by certified mail to the owner or owners and to the tenant or tenants and the premises shall then be vacated. The Construction Official has the discretion to allow a longer period of time for the correction of violations if warranted and reasonable under the circumstances.
[Ord. # 2010-14]
a. 
Reserved.
b. 
Annual Rental. A residence building which all or part thereof is leased on a calendar year basis or for twelve (12) consecutive months, but not to include a rooming unit in a registered rooming house, motel or hotel.
c. 
Secondary Residence. A residence which is not the principal abode of an owner but not to include a rooming unit in a registered rooming house, motel or hotel.
[Ord. #2010-14; Ord. #2011-12]
Copies of said "International Property Maintenance Code," 2012 Edition will be available for use and examination by the public at the office of the Construction Official or the Borough Clerk together with any resolutions or ordinances amending the International Property Maintenance Code, 2012. Copies of the Code will also be available for purchase at the office of the Building Department.
[Ord. #2010-14]
Any person, firm or corporation who shall violate any of the provisions of this Chapter shall, upon conviction, be punished by a fine of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars or by imprisonment in the county jail for a period of not to exceed ninety (90) days or by both such fine and imprisonment, and each violation of any of the provisions of this Chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Ord. #2010-14]
In the event that an owner or owners or any agent acting on behalf of any owner or owners or any residential property fails to obtain an inspection prior to the commencement of the rental of any living unit said owner or owners shall be subject to penalties set forth under subsection 4-9.9.
[Ord. #2013-11 S 2]
The number of taxicab licenses available for issuance in Point Pleasant Borough is hereby limited to seven (7). Any new licenses to be issued by the Borough shall be issued in accordance with the provisions of P.L. 2011, c. 135 which was enacted into law in 2011.
[Ord. #2013-11 S 3]
The recipient of any taxicab license issued pursuant to this section shall, as a condition of the award of such license, reimburse the Borough for any costs incurred by the Borough in complying with the public notice requirements established in P.L. 2011, c. 135 concerning the notification requirements precedent to an award of any and all new licenses over and above the aforesaid seven (7) taxi licenses which have previously been issued by the Borough.
[Ord. #2013-11 S 4]
The owner of any licenses shall cause to be displayed on the body of any and all vehicles utilized for taxi and public conveyance purposes the taxi license number issued to that vehicle. The number shall be three (3") inches in height and located in the center of the rear quarter panels on the driver and passenger sides and the rear center line of the trunk of the vehicle. Each autocab shall display on each rear door of the autocab the name of Point Pleasant Borough, in letters three (3") inches in height.
[Ord. #2013-11 SS 5,6]
a. 
Prior to issuance of an annual license the owner of the autocab shall file with the Borough Clerk an insurance policy which shall be issued by an admitted insurance company duly licensed to transact business under the insurance laws of the State of New Jersey, or a company registered to do business in the State of New Jersey, and which company is a member of the State of New Jersey, or a company registered to do business in the State of New Jersey, the Policy providing for not less than thirty-five thousand ($35,000.00) dollars for motor vehicle liability insurance coverage or the amount of motor vehicle liability insurance coverage or the amount of motor vehicle liability insurance coverage required pursuant to Section 1 of P.L. 1972, c. 197 (N.J.S.A. 39:6b-1) whichever is greater, to satisfy all claims for damages, by reason of bodily injury to or death of, any person or persons resulting from or on account of an accident by reason of the ownership, operation, maintenance or use of such autocab upon any public street; and to satisfy any claim for damages to property of any person or persons resulting from or on account of an accident, by reason of the ownership, operation, maintenance or use of such autocab upon any public street. Nothing in this Section however shall prohibit the owner of the autocab from obtaining any additional amount of motor vehicle liability insurance coverage from a company licensed outside the State of New Jersey.
b. 
The insurance provided to the Borough shall comply with the requirements of P.L. 2011, c. 135.
[Ord. #2013-11 S 7]
Each operator or driver of any autocab, taxi, hack, or vehicle for public conveyance for which the owner thereof is seeking the consent to operate in Point Pleasant Borough shall submit on an annual basis the performance of any criminal history record background check. The cost of the criminal history record background check, including all costs of administration and processing the check shall be borne by the operator or driver of the autocab.
[Ord. #2013-11 S 8]
Any person revealing a record of conviction which is specifically set forth in P.L. 2011, c. 135 shall be disqualified from operating or driving any autocab, unless the person who has been so convicted of any of the crimes referenced therein above can produce a Certificate of Rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, and equivalent Certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.
[Ord. #2013-11 S 9]
The annual license fee required to be paid to the Borough for any hack, omnibus, jitney, taxicab, express wagon or other public conveyance operated for hire shall be twenty-five ($25.00) dollars per annum per vehicle, paid on or by December 15th of the year preceding the new license year which begins on January 1. In addition, each license holder shall pay an annual license fee of one hundred ($100.00) dollars on or by December 15th of each year for the upcoming year.
[Ord. No. 2015-09]
a. 
Any vendor who offers reward programs which include the payment of taxes for Point Pleasant Borough taxpayers who shop at participating Point Pleasant Borough-based businesses shall before implementing such a program obtain a license as provided for in this Section.
b. 
This program shall be administered solely by the vendor who shall undertake to register interested parties in Point Pleasant Borough-based businesses.
c. 
The vendor shall pay to the Borough a license fee in the amount of $25.00 yearly and shall submit to the Borough Administrator all information necessary as may be reasonably required in order to determine the truth or validity of the statements contained in the application.
d. 
Conditions. The Borough shall establish the necessary reporting requirements for any payment of taxes made to Point Pleasant Borough by the vendor. The Borough shall not be responsible for any impact of program participation on mortgage escrow calculations. The Borough shall not be responsible for any changes in property ownership.