[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:
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:
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.
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]
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:
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.
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.
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.
[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]
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:
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.
shall mean a motor vehicle which has been involved in an
accident.
shall mean a motor vehicle having a gross vehicle weight
(GVWR) 8,000 pounds and under.
shall mean a motor vehicle having a gross vehicle weight
(GVWR) of 8,001 to 15,000 pounds.
shall mean a vehicle, truck, bus, and all other heavy equipment
having a gross vehicle weight (GVWR) of 15,000 pounds or more.
shall mean any motor vehicle which is unable to operate under
its own power.
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.
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.
shall mean the towing of any motor vehicle over ten thousand
(10,000) pounds gross vehicle weight.
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.
shall mean the towing of any motor vehicle up to and including
ten thousand (10,000) pounds gross vehicle weight.
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.
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.
shall mean fees charged for the storage of motor vehicles.
shall mean a rotating list of all towing services registered
with the Borough of Point Pleasant Borough kept by the Borough Chief
of Police.
shall mean fees charged by a towing service for removal and
transportation of a motor vehicle.
shall mean a business engaged in the towing and storing of
motor vehicles which has been approved for the towing list.
shall mean a motor vehicle employed by a towing service for
the purpose of towing, transporting, conveying or removing motor vehicles
from public roadways.
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; amended 4-10-2023 by Ord. No. 2023-02]
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.
d.
No licensees shall charge more than the fees on the Towing and Storage
Rates and Fees schedule[1] which is included as an attachment to this chapter.
[Added 4-10-2023 by Ord. No. 2023-02]
[1]
Editor's Note: The Towing and Storage Rates and Fees schedule is included as an attachment to this chapter.
[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:
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.
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.
shall mean the year commencing on January 1 and ending on
December 31.
shall mean an alarm devices which utilize conventional office
telephone lines to transmit alarm messages to the Borough Police Department
Telephone System.
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.
shall mean alarm devices which may be connected to an electric
or electronic alarm panel located in Police Headquarters.
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]
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.
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.
shall mean a dealer who conducts business intermittently
within the municipality or at varying locations.
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."
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.
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.
shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
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.
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.
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.
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.
Editor's Note: Ord. No. 2021-12 deleted material previously codified as § 4-9, Certificate of Occupancy and Inspection on Certain Rental Units; Property Maintenance Code Adopted. Prior history includes Ord. No. 2010-14 and Ord. No. 2011-12.
[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.
