Editor's Note: The general power to license and to prescribe
license fees is contained in N.J.S.A. 40:52-1.2. Licensing is also
a part of the general police power granted by N.J.S.A. 40:72-3 and
N.J.S.A. 40:48-2.
[1973 Code § 5-1.1]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Borough, except alcoholic beverage licenses, dog licenses,
taxicab licenses and mechanical amusement device licenses.
[1973 Code § 5-1.2]
All applications for licenses shall be made to the Borough Clerk
upon forms provided by him, and shall contain the following information:
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
i.
The applicant shall be fingerprinted if the Chief of Police determines
that fingerprints are necessary for proper identification. Fingerprint
records shall be immediately processed for classification and identification.
j.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
[1973 Code § 5-1.3]
Each application shall be referred to the Chief of Police or
a Police Officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
as he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Borough Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
are unsatisfactory, or the products, services or activity are not
free from fraud, he shall disapprove the application and the Borough
Clerk shall refuse to issue the license and shall so notify the applicant.
Otherwise, the Borough Clerk shall issue the license immediately,
provided the required license fees have been paid except in cases
where approval of the Mayor and Council is required. In the case of
an application for a solicitor's, peddler's, or canvasser's license,
the license may be issued immediately subject to the investigation.
[1973 Code § 5-1.4]
Licenses shall be in a form which the Mayor and Council shall
prescribe by resolution, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Mayor and Council may,
by resolution, require.
[1973 Code § 5-1.5]
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Mayor and Council and shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Mayor and Council may, by resolution, require.
[1973 Code § 5-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any Police Officer or any person with whom
he is doing business.
[1973 Code § 5-1.7]
Every license shall apply only to the person to whom it was
issued and shall not be transferable to another person. Licenses may
be transferred from place to place, in cases where the licensed activity
is conducted at a fixed location, but only with the approval, by resolution,
of the Mayor and Council.
[1973 Code § 5-1.8]
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight local time.
Applications for the renewal of licenses shall be made not later than
December 1 of the year of issue.
b.
When an application for a license is made during the course of any
calendar year, the fee shall be prorated to the nearest month. Any
period of time greater than one-half (1/2) a month shall be considered
as a full month for this purpose.
[1973 Code § 5-1.9]
Any license or permit issued by the Borough may be revoked by
the Mayor and Council after notice and a hearing for any of the following
causes:
a.
Fraud or misrepresentation in any application for a permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
c.
A violation of any provision of this revision.
d.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude.
e.
Conduct of the licensed activity whether by the licensee himself
or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
f.
Whenever a license has been issued immediately upon an application,
pending the results of the investigation provided for by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
[1973 Code § 5-1.10]
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the Borough Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five (5) days prior to the date
set for the hearing.
[1973 Code § 5-1.11]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The Mayor
and Council shall revoke or suspend the license if they are satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
[1973 Code § 5-1.12]
The Mayor and Council may issue another license to a person
whose license has been revoked or denied as provided in this section
if after hearing they are satisfied by clear and convincing evidence
that the acts which led to the revocation or denial will not occur
again; otherwise, no person whose license has been revoked or denied,
nor any person acting for him, directly or indirectly, shall be issued
another license to carry on the same activity.
[1973 Code § 5-1.13]
The licensing officer is directed to establish the character
of any new business application by:
a.
Eliciting a declaration of intention of all new businessmen as to
whether they intend to remain within the Borough temporarily or longer
than a period of one (1) year.
b.
Requiring a filing of a bond in an amount equal to twenty-five (25%)
percent of the value of the applicant's stock, and in no event shall
the bond be less than one thousand ($1,000.00) dollars in amount.
[1973 Code § 5-1.14]
The bond shall be declared forfeit upon conclusive proof of:
a.
Falsification in application for a license.
b.
Willful violation of an ordinance, State or Federal law.
c.
Removal from the Borough within a year after opening the business premises without payment of the license fee or fees required of itinerant and transient vendors as established in subsection 4-2.4 of this chapter.
The bond of every merchant continuously conducting a vending
business for more than one (1) year shall be surrendered, and no further
license shall be required of him under this chapter.
[1973 Code § 5-1.15]
The Mayor and Council may, by resolution, make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this chapter and no regulations shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
[Ord. No. 2-2015]
For the purpose of this section, the following terms, words
and phrases shall be interpreted as follows:
shall mean a person or entity seeking to obtain a license
for commercial solicitation.
shall mean any person who travels, either by foot or automobile
or any other type of conveyance, from place to place, from house to
house or from street to street to seek or develop support for, to
conduct market research about, to determine feelings or opinions about,
to conduct a survey about, or explain a position about and on behalf
of any commercial product, cause or organization.
shall mean any individual receiving compensation, in any
form whatsoever, from an entity for engaging in solicitation within
the Borough.
includes but is not limited to food (including but not limited
to ice cream, refreshments and farm products), magazines and periodicals,
advertisements, commercial handbills, personal property, coupons,
products, merchandise, wares, orders or contracts for a service, home
improvement or alterations.
shall mean any person who travels, either by foot or automobile
or any other type of conveyance, from place to place, from house to
house or from street to street taking or attempting to take orders
for the sale of goods of any nature whatsoever for future delivery
or for services to be furnished or performed in the future, whether
or not such person has, carries or exposes for sale a sample of the
object to be sold, and whether he/she is collecting advance payments
on such sales; but shall not include wholesalers calling on retail
merchants.
shall mean a license for commercial solicitation issued by
the Borough of Roseland pursuant to the provisions of this article.
shall mean any person who travels, either by foot or automobile
or any other type of conveyance, from place to place, from house to
house or from street to street, carrying, conveying or transporting
goods for the purpose of selling and delivering them to prospective
customers.
shall mean not only an individual, but also any organization,
firm, partnership, corporation, company, association, church, religious
denomination, society, class, league or other entity or group.
shall mean to go in or upon the streets, roads, and semiprivate
and private property in the Borough of Roseland without having been
invited to do so by the owner or occupant of the property, for the
purpose of advertising, promoting or selling any products, goods or
services or conducting market research or a market or opinion survey
regarding commercial goods or services. Solicitors shall include but
shall not be limited to itinerant vendors, peddlers, hawkers and canvassers
of commercial products or services. Solicitation shall include the
placement upon private property of handbills or other written material
advertising goods or services for sale. Solicitation shall also include
the sale of goods or services which the solicitor promises to donate
or deliver to a charitable or other nonprofit institution on behalf
of the purchaser.
[Ord. No. 2-2015]
Except as otherwise provided in subsection 4-2.3 below, it shall be unlawful for any person to solicit, sell or dispose of or to offer to sell or dispose of any goods, or to solicit orders for the performance of any service or to engage in commercial canvassing within the corporate limits of the Borough of Roseland without first obtaining a license therefor in compliance with the provisions of this section. Such license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by each solicitor, itinerant vendor, hawker, peddler or canvasser for every agent or employee working for him/her.
[Ord. No. 2-2015]
The requirements of this section shall not apply to the following:
a.
Any person honorably discharged from the military service who has
a license under N.J.S.A. 45:24-9 et seq.
b.
Any person who is an exempt firefighter of a volunteer fire department,
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
c.
Any public utility or its employees, which said utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employee shall display the identification
badge or card issued by his/her employer.
d.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had ordered the same or were entitled to receive
the same by reason of a prior agreement.
e.
Any individual engaged in the delivery of newspapers published in
the State.
f.
Commercial travelers or selling agents calling upon commercial establishments
in the usual course of business.
[Ord. No. 2-2015]
a.
Every applicant for a license under this section shall be 18 years
of age or older and shall follow the procedures set forth in Chapter
IV, Licensing and Business Regulations.
b.
Each applicant for a license shall secure through a private agency a criminal history background check, conducted not more than 14 days prior to the filing of the application. Such criminal history background check must be submitted (as part of the application) directly from the private agency to the Chief of Police. The criminal history background check shall be in sufficient detail and scope to reveal any criminal history recorded with the State Bureau of Identification or with the Federal Bureau of Investigation and to allow the Chief of Police to reach an informed decision as required by subsection 4-2.5a2 below.
[Ord. No. 2-2015]
a.
The investigation required under subsection 4-1.3 shall be limited to that sufficient for the Chief of Police or his designee to make a determination that:
1.
The issuance of a license is in accordance with the provisions of subsection 4-2.3 above and N.J.S.A. 45:17A-18 et seq.; and
2.
The applicant has not been convicted of any criminal offense or a
violation of a municipal ordinance relating adversely to the registrant's
fitness to perform activities regulated by this section, including
those involving violence or the threat of violence.
b.
For the purpose of this section, a plea of guilty, nolo contendere
or any other similar disposition of alleged criminal activity shall
be deemed a violation.
[Ord. No. 2-2015; Ord. No. 06-2016 § 2]
A license application fee of one hundred ($100.00) dollars per
person, per license, must be submitted at the time of application.
The fee is nonrefundable whether the license is approved or denied.
a.
Duration of License. Other than licenses issued to mobile food vendors,
all Solicitation Licenses shall expire at the end of three (3) months
following the date of issuance.
b.
Mobile Food Vendors. All Solicitation Licenses issued to mobile food
vendors shall expire at midnight on December 31st of the calendar
year in which the license was issued, or upon expiration, revocation,
or suspension of the vendor's Retail Food Establishment License.
[Ord. No. 2-2015; Ord. No. 06-2016 § 2]
Solicitation shall take place within the Borough only during
daylight hours but no earlier than 10:00 a.m. and no later than 7:30
p.m. on Mondays through Saturdays. Solicitation shall be prohibited
on Sundays.
a.
Exception: Mobile food vendors with a valid Solicitation License
and a valid Retail Food Establishment License issued by the Board
of Health may operate at any locations on public or private property
which mobile retail food vending equipment occupies or where the mobile
retail food vendor conducts business in any manner for a total cumulative
time period of no more than one hour in any twenty-four-hour period,
commencing at 12:00 midnight. Any interruption or removal of equipment
and/or of the vendor during any twenty-four hour period shall not
constitute the commencement of a new one hour period.
[Ord. No. 2-2015; Ord. No. 06-2016 § 2]
Each individual and/or member of any organization permitted
to conduct solicitations shall carry the approved license at all times
and will present same upon request. The license shall be prepared
by the Clerk and shall be uniform in style and design. The following
information shall be printed on the license:
a.
Name of the solicitor;
b.
Name and address of the organization on whose behalf the solicitation
is made. The municipal and state address of the organization shall
be the most conspicuous writing on the license and shall be at least
twice as large as any other printed matter contained on the license;
c.
Expiration date of the license;
d.
A statement that the Borough of Roseland has licensed the solicitation
but neither approves nor disapproves of the organization and/or its
activities.
e.
Photograph of Solicitor. The applicant shall provide the Clerk with
a current 2" x 2" color photograph of each licensee for inclusion
on the license.
[Ord. No. 2-2015; Ord. No. 06-2016 § 2]
Every individual issued a license under this section shall conduct
himself/herself according to the following code of conduct:
a.
He/she shall not enter or remain upon any resident's property that is on the "Do Not Solicit" List (See Section 4-4 of this chapter) or upon which it is posted that solicitors are not permitted, or notice of similar content.
b.
He/she shall carry the license at all times and will present same upon request as described in subsection 4-2.8.
c.
He/she shall not enter or attempt to enter any dwelling unit without
express invitation from the occupant therein.
d.
He/she shall immediately leave the resident's property upon request
by the resident to do so.
e.
He/she shall not leave, on or about the resident's property, any
circular, samples or other matter or material unless same is handed
to an occupant of the property.
f.
He/she shall not indicate that the Borough endorses or sponsors any
of the views expressed or the organization for which support of contribution
is sought.
g.
He/she shall not make false claims, misrepresentations or materially
incorrect statements concerning the solicitation, organizations represented
or the use to be made of the amount solicited.
h.
He/she shall not engage in any course of alarming conduct or conduct
himself/herself so as to reasonably alarm or annoy the occupant of
the dwelling.
i.
He/she shall not engage in any conduct which is prohibited by any
statute, regulation or ordinance in effect in the Borough of Roseland.
k.
He/she shall have a complete copy of this section in his/her possession
at all times.
l.
He/she shall be wearing a reflective vest and carrying a functioning
flashlight at dusk or later.
[Ord. No. 2-2015]
a.
No individual shall go upon any property or create any sound in a
manner calculated to attract the attention of any occupant of a residence
on which is posted a sign expressly prohibiting such activity.
b.
No individual shall enter a roadway for the purpose of approaching
occupants of motor vehicles using the roadway or approach such occupants;
have any exclusive right to any location; operate or conduct any of
his/her business from a fixed location; or be permitted to operate
in any congested area where his/her operations might impede or inconvenience
the public. For the purposes of this section, the judgment of a Police
Officer, exercised in good faith, shall be deemed presumptive as to
whether the area is congested or the public impeded or inconvenienced.
As used herein, a licensee shall be deemed to be operating from a
fixed location if he/she has been in the same location, or one within
200 feet in any direction of the location, or remains on the same
lot for more than 30 consecutive minutes.
c.
No individual shall solicit any goods or services, including but
not limited to food, ice cream and soft drinks, within 1,000 feet
of any commercial establishment or machine selling, vending or dispensing
the same or substantially similar goods or services.
d.
No individual shall solicit any goods or services, including but
not limited to food, ice cream and soft drinks, in any municipal park
or other place of recreation or cultural activity or upon any public
street or right-of-way adjacent to such municipal park or place of
recreational or cultural activity.
[Ord. No. 2-2015]
Whenever any individual or organization shall be limiting its proposed solicitation activity to a particular shopping center, as defined in Section 30-202, all approvals for such proposed solicitation shall be received from the shopping center management. Such person or organization seeking to solicit shall make application to the shopping center management for permission to solicit. If the shopping center management approves of the proposed solicitation, it shall have the applicant complete an application form provided to the shopping center management by the Borough Clerk's office. The shopping center management shall then forward the completed application to the Borough Clerk, together with notification of the dates and times during which the solicitation shall take place. The duration, coordination and timing of any such solicitation(s) shall be at the discretion of the shopping center management. Upon receipt of a solicitation application approved by the shopping center management, the Borough Clerk's office shall notify the Borough's Code Enforcement Department and Police Department of the solicitation activity which has been approved at the particular center.
[Ord. No. 2-2015]
Any person receiving money or any other thing for a value of
$1 or more from any contributor under a solicitation made pursuant
to this section shall give to the contributor a written receipt signed
by the solicitor showing the date and the amount received, provided
that this subsection shall not apply to any contribution collected
by means of a closed box or receptacle used in solicitation where
the use thereof has been approved by the Borough in accordance with
this section where it is impractical to determine the amount of each
contribution. Copies of such receipts shall be kept and available
for inspection upon the request of a Police Officer.
[Ord. No. 2-2015]
It shall be the duty of any Police Officer of the Borough of
Roseland or the Code Enforcement Officer to enforce the provisions
of this section.
[Ord. No. 2-2015]
In addition to license revocation as set forth in subsection 4-1.9, any person, organization or agent thereof found guilty of violating any provision of this section shall, upon conviction, be subject to the penalties provided in Chapter I, Section 5, General Penalty, unless the penalty prescribed for such conduct by State statute is less, in which case the lesser penalties shall apply.
[Ord. No. 2-2015]
As used in this section, the following terms shall have the
meanings indicated:
shall mean the act of engaging in noncommercial canvassing
or soliciting.
shall mean a person who is canvassing.
shall mean the activity of traveling, either by foot or automobile
or any other type of conveyance, from place to place, from house to
house or from street to street to seek votes, support (not necessarily
monetary) for any noncommercial cause or organization, to determine
feelings or opinions, to conduct a survey, to discuss or debate a
topic, or to explain a position.
shall mean those persons and/or organizations with a valid
and unexpired registration and/or a written exemption from the Attorney
General of the State of New Jersey issued pursuant to N.J.S.A. 45:17A-18
et seq.
[Editorial Note: Charitable organizations and professional
fund raisers based, operating or soliciting within New Jersey must
register with the Division of Consumer Affairs Charities Registration
Section unless specifically exempted under the provisions of the Charitable
Registration and Investigation Act (N.J.S.A. 45:17A-18 et seq.) also
known as the "CRI Act."]
shall include the giving of alms, food, clothes, money, subscriptions,
pledges or property of any nature or kind.
shall mean not only an individual, but also any organization,
firm, partnership, corporation, company, association, church, religious
denomination, society, class, league or other entity or group.
shall mean the traveling, either by foot or automobile or
any other type of conveyance, from place to place, from house to house
or from street to street to request, directly or indirectly, money,
credit, property, financial assistance, and other things of value
in the plea or representation that such money, credit, property, financial
assistance or other thing of value will be used for a charitable or
philanthropic purpose as defined in this section or for a political
or other noncommercial purpose. "Solicitation" shall be deemed to
be complete when made, whether or not the person making the same receives
any contribution.
shall mean a person who solicits.
[Ord. No. 2-2015]
Any person may solicit political, charitable and philanthropic
contributions or engage in noncommercial soliciting or canvassing,
including doing so on behalf of a political, philanthropic or charitable
organization within the Borough, without first obtaining any license
or prior approval authorizing such activity, provided the person conducts
such solicitation and/or canvassing in compliance with this Section.
[Ord. No. 2-2015]
a.
Before any person shall engage in any noncommercial canvassing or
soliciting, including canvassing or soliciting on behalf of a political,
philanthropic or charitable organization, he/she/it shall provide
the following information to the Borough Police Department and to
the Borough Clerk, at least three days in advance of the commencement
of such canvassing or soliciting:
1.
Name, address and date of birth of each canvasser or solicitor.
2.
Name and address of the affiliated organization, entity or group
sponsoring or conducting the soliciting or canvassing, if any.
3.
If a vehicle is to be used in any portion of the activity, a description
of the vehicle(s), including color, make, model, year, license plate
number, including state of registration, as well as name and address
of registered owner.
4.
If the solicitor or canvasser is employed by another, the name and
address of the employer.
5.
The days of the week and hours of the day over the next 30 days during
which the activity will be conducted.
6.
A description of the section of the Borough in which the activity
will be carried out on each such day. Use of street boundaries of
the area is the desirable manner in which to describe the section
of the Borough.
7.
A statement as to whether each canvasser or solicitor has ever been
convicted of any crime or the violation of any municipal ordinance,
other than traffic offense, and, if so, the date and place of conviction
and the nature of the offense. The submission of false information
hereunder shall be a violation for the person submitting such false
information.
8.
The general nature of the solicitation and canvassing.
9.
The name, address and cellular telephone number of the person who
will be in direct charge of supervising the solicitation or canvassing.
10.
A brief outline of the method to be used in conducting the solicitation
or canvassing.
b.
The notification provided to the Borough pursuant to this section
shall be effective for a thirty-day period. Renotification shall be
given every 30 days if the activity extends beyond 30 days.
[Ord. No. 2-2015]
It shall be the duty of the Borough Clerk to keep a calendar
of solicitations and canvassing for which advance notice has been
given to the Borough. Such calendar shall be posted on the official
Borough website to allow access to and for the information of Borough
residents.
[Ord. No. 2-2015]
Any person receiving money or any other thing for a value of
$1 or more from any contributor under a solicitation made pursuant
to this section shall give to the contributor a written receipt signed
by the solicitor showing the date and the amount received, provided
that this subsection shall not apply to any contribution collected
by means of a closed box or receptacle used in solicitation where
the use thereof has been approved by the Mayor and Council, where
it is impractical to determine the amount of each contribution. Copies
of such receipts shall be kept available for inspection upon request
of a Police Officer.
[Ord. No. 2-2015]
All solicitations and canvassing shall take place between the
hours of 10:00 a.m. and 9:00 p.m.
[Ord. No. 2-2015]
a.
Every solicitor or canvasser shall attach and display, on the front
outer layer of his/her clothing, a badge not smaller than two inches
by 3 1/2 inches with letters and figures at least 1/4 inch high
on contrasting background and displayed so that the information thereon
is easily discernible from a distance of seven feet. The following
information shall be printed on the badge:
b.
The badge requirement may be satisfied by utilizing a photo identification
card issued by any governmental agency, school or employer.
[Ord. No. 2-2015]
Every solicitor or canvasser under this section shall conduct
himself/herself according to and shall observe the following code
of conduct:
a.
He/she shall not enter or remain upon any resident's property that is on the "Do Not Solicit" List (see Section 4-4 of this chapter) or upon which it is posted that solicitors are not permitted, or notice of similar content.
c.
He/she shall not enter or attempt to enter any dwelling unit without
express invitation from the occupant therein.
d.
He/she shall immediately leave the resident's property upon request
by the resident to do so.
e.
He/she shall not leave, on or about the resident's property, any
circular, samples or other matters or material unless same is handed
to an occupant of the property or is securely attached at an entrance
door.
f.
He/she shall not indicate that the Borough endorses or sponsors any
of the views expressed or the organization for which support of contributions
are sought.
g.
He/she shall not make false claims, representations or materially
incorrect statements concerning the solicitation, organizations represented
or the use to be made of the amount solicited.
h.
He/she shall not engage in any course of alarming conduct or conduct
himself/herself so as to reasonably alarm or annoy the occupant of
the dwelling.
i.
He/she shall not engage in any conduct which is prohibited by any
statute, regulation or ordinance in effect in the Borough.
k.
He/she shall have a complete copy of this section in his/her possession
at all times.
l.
He/she shall wear a reflective vest and carry a functioning flashlight
at dusk or later.
m.
If he/she is 15 years of age or younger, adult supervision shall
be immediately available within reasonable sight distance.
[Ord. No. 2-2015]
No solicitor or canvasser shall have an exclusive right to any
location; enter a roadway for the purpose of approaching occupants
of motor vehicles using the roadway or approach such occupants; or
operate or conduct any of his/her activity from a fixed location in
any congested area where his/her activity might unreasonably impede
or inconvenience the public or impose a threat to public safety. For
purposes of this section, the judgment of a Police Officer, exercised
in good faith, shall be used to determine whether the area is congested,
the public unreasonably impeded or inconvenienced or that the activity
poses a threat to public safety. As used herein, a solicitor or canvasser
shall be deemed to be operating from a fixed location if he/she has
been in the same location, or within 200 feet in any direction of
the location, for more than 15 consecutive minutes.
[Ord. No. 2-2015]
Soliciting or canvassing by visiting a property where the owner
or resident of such property has directly or implicitly indicated
to the solicitor or canvasser, through prior interaction, that his/her
visit would be welcomed is exempt from the provisions of this section.
The burden of persuasion shall be on the person claiming this exemption.
[Ord. No. 2-2015]
Any person found guilty of violating any provision of this section
shall, upon conviction, be subject to a penalty not to exceed a fine
of $150 for a first offense. A second conviction under this section,
within a two year period, shall result in a penalty not to exceed
a fine of $500, five days in jail and/or 10 days of community service.
A third or subsequent conviction under this section, within a two-year
period, shall result in a penalty not to exceed a fine of $2,000,
90 days in jail and/or 90 days of community service.
Editor's Note: At the direction of the Borough, with Supp. No. 9, the Do Not Solicit List regulations were moved to Section 4-4 from Section 4-19.
[Ord. No. 2-2015]
[Ord. No. 2-2015]
Any person or entity who owns or rents property within the Borough
may register such property to be included on the "Do Not Solicit"
List by registering through the Borough Clerk's office.
[Ord. No. 2-2015]
Maintenance of the "Do Not Solicit" List shall be as follows:
a.
The "Do Not Solicit" List shall be maintained by the Borough Clerk.
The list shall be available through the official Borough website.
b.
The "Do Not Solicit" List shall consist solely of property addresses
and shall include no further identifying information concerning the
ownership of each property.
c.
The Tax Assessor shall notify the Borough Clerk of any change in
ownership of property within the Borough. The Borough Clerk shall
remove from the "Do Not Solicit" List any property which has changed
ownership.
d.
Other than by sale of property, a property, once listed, may only
be removed from the list by submitting a written, sworn and notarized
request, sent to the Borough Clerk.
[Ord. No. 2-2015]
The Borough Clerk's office shall:
a.
Post a copy of the "Do Not Solicit" List on the official Borough
website.
b.
Provide a copy of the "Do Not Solicit" List to every applicant to
whom a license is issued pursuant to Chapter IV.
c.
Provide a copy of the "Do Not Solicit" List to any person notifying the Borough Clerk's office pursuant to subsection 4-3.3 of his/her intention to engage in noncommercial soliciting or canvassing. The failure of the Borough Clerk to provide the "Do Not Solicit" List to such person or the failure of such person to have received a copy of the "Do Not Solicit" List from the Borough Clerk shall not provide a defense to the requirement of having in his/her possession a copy of the updated "Do Not Solicit" List as required by subsection 4-2.9m.
[Ord. No. 2-2015]
It is prohibited for any person to conduct any commercial or
noncommercial solicitation or canvassing at any property listed on
the "Do Not Solicit" List.
[Ord. No. 2-2015]
The prohibition in this section shall not apply to the visiting
of a property where the owner or occupant of such property has directly
or implicitly indicated to the solicitor or canvasser, through prior
interaction, that his/her visit would be welcomed. The burden of persuasion
shall be on the person claiming this exemption.
[1973 Code § 5-8.1]
shall mean any machine, device or contrivance which, upon
the insertion of a coin, slug, token, plate or disc, may be operated
by the public generally for amusement only, and does not dispense,
offer or provide for any form of pay-off, prize or reward. It shall
not include "juke boxes" or other devices or machines which operate
or may be operated for the emission of songs, music or similar entertainment.
shall mean and include the following: any person, firm, corporation
or association which owns any such machine; the person, firm, corporation
or association in whose place of business any such machine is placed
for use by the public; and the person, firm, corporation or association
having control over such machine; provided, however, that the payment
of such fee by any person, firm, corporation or association enumerated
herein shall be deemed a compliance with this subsection of the section.
[1973 Code § 5-8.2]
Nothing in this section shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law, or that may be contrary to any future laws
of the State of New Jersey.
[1973 Code § 5-8.3]
Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device as herein defined by subsection 4-5.1, shall be required to obtain a license from the Borough, upon payment of a license fee. Application for such license shall be made to the Borough Clerk upon a form to be supplied by the Clerk for that purpose.
[1973 Code § 5-8.4]
a.
The application for such license shall contain the following information:
1.
The name and address of the applicant and, of an individual, his
age, date and place of birth.
2.
The name and address of the owner of the mechanical amusement device,
of a person other than the applicant, and, of an individual, his age,
date and place of birth.
3.
If the applicant or owner is a partnership, the name, address, age,
date and place of birth of each of the partners.
4.
If the applicant or owner is a corporation, the name, address, age,
date and place of birth of the officers and directors of the corporation
and of the owners, either directly or indirectly, of ten (10%) percent
or more of the capital stock of such a corporation.
5.
The prior criminal convictions, if any, of any person named in the
application.
6.
The address of the place where the machine or device is to be displayed
or operated and a brief description of the business conducted at that
place.
7.
A brief description of the machine or device to be covered by the
license, its mechanical features, name of the manufacturer and its
serial number.
b.
No license shall be issued to a natural person who is not a citizen
of the United States and a resident of the State of New Jersey; or
to any person under the age of eighteen (18) years; or to any person
who has been convicted of a crime involving moral turpitude or of
a violation of any law or ordinance involving gambling.
c.
No license shall be issued to a partnership applicant or to a corporate
applicant unless all of the partners, or, in the case of a corporation,
all of the officers, directors and persons owning ten (10%) percent
or more of the capital stock of such corporation, would qualify as
individual licensees.
d.
No license shall be issued to an applicant who is not the owner of
the mechanical or electronic amusement device described in the application
unless such owner, whether an individual, partnership or corporation,
would qualify as an applicant.
[1973 Code § 5-8.5]
All applications for a license hereunder shall be filed in duplicate
with the Borough Clerk, who shall promptly refer a copy to the Chief
of Police. The Chief of Police, or a member of the Department designated
by him, shall investigate the location wherein it is proposed to operate
the mechanical amusement device, ascertain whether any of the persons
named in the application have ever been convicted of crime, and upon
completion of his investigation, shall file his report in writing
with the Borough Clerk for submission to the Borough Council, whereupon
the Council shall either approve or disapprove the application.
[1973 Code § 5-8.6; Ord. No. 13-2004]
Every applicant, before being granted a license, shall pay an
annual license fee of seventy-five ($75.00) dollars for each mechanical
or electronic amusement device. All licenses shall be issued in the
name of the applicant, and shall expire on December 31 annually. In
the case of a new application, the fee for such new license shall
be prorated according to the effective date of such license, but in
no event shall be less than thirty-five ($35.00) dollars.
[1973 Code § 5-8.7]
The license shall be posted permanently and conspicuously at
the location of the device or machine in the premises where the same
is maintained and operated. Not more than one (1) device or machine
shall be operated under one (1) license, and the applicant or licensee
shall be required to secure a license for each and every device or
machine displayed or operated by him.
[1973 Code § 5A-1]
As used in this section:
shall mean one who engages in body piercing.
shall mean the piercing of any portion of the human body
for placement of any type of jewelry or any other ornamentation, other
than ear lobe piercing. Puncturing the outer perimeter or lobe of
the ear using a pre-sterilized single-use stud ear piercing system
shall not be included in this definition.
shall mean written approval from the Health Officer or his
authorized representative that said tattooing or body piercing establishment
has been inspected and meets all of the terms of this section.
shall mean the premises wherein tattooing or body piercing
is performed.
shall mean the Borough of Roseland Health Officer or his/her
authorized representative.
shall mean any individual, firm, company, corporation or
association that owns or operates an establishment where tattooing
or body piercing is performed, and any individual who performs or
practices the art of tattooing on the person of another.
shall mean a bactericidal treatment of cleaned surfaces by
a process which is effective in reducing the number of micro-organisms
to a safe level.
shall mean products or items that are disposed of after use
on each client including, but not limited to, cotton swabs or balls,
tissues or paper products, paper or plastic cups, gauze and sanitary
coverings, razors, needles, scalpel blades, stencils and ink cups.
shall mean destruction of all forms of microbiotic life,
including spores.
shall mean one who engages in tattooing.
shall mean any method of placing designs, letters, scrolls,
figures, symbols or any marks under the skin with ink or any other
substance resulting in the coloration of the skin by the aid of needles
or any other instruments designed to puncture the skin.
shall mean the Board of Health of the Borough of Roseland.
shall mean the Health Department of the Borough of Roseland.
[1973 Code § 5A-2]
a.
It shall be unlawful for any person to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Borough of Roseland Health
Department to engage in such business in accordance with the provisions
hereof. Notwithstanding anything contained in this section to the
contrary, physicians licensed by the State of New Jersey, who perform
tattooing or body piercing as a part of patient treatment, are exempt
from these regulations.
b.
An application for an initial license shall be made to the Health
Department of the Borough of Roseland accompanied by a fee in the
amount of two hundred ($200.00) dollars.
1.
Application for licenses under this section shall be made to the
Borough of Roseland Health Department, in writing, upon such printed
forms as the Borough of Roseland Board of Health shall prescribe and
prepare; such forms may be obtained from the Borough of Roseland Health
Department and shall be signed by the applicant under oath and shall
contain the following information:
(a)
If an individual, the full name, age, sex and residence address
at the time of the application and the name under which the business
is to be conducted.
(b)
If a corporation, the full corporate name, the date and the
State of incorporation, address of the place or places of business,
the name and address of the registered agent and the name, address
and age of any principal owning more than ten (10%) percent of the
stock.
(c)
If a partnership, the information required by paragraph b1(a)
above for each partner and the name under which the business is being
conducted.
(d)
The education and/or business experience of the applicant in
the business or occupation for which the license is sought.
(e)
The length of time that the applicant has been engaged in such
business or occupation.
(f)
Whether the applicant carries public liability insurance, and,
if so, the amount of said coverage and the company providing such
liability insurance.
(g)
Whether the applicant has ever been convicted of any criminal
violation, the date, nature and disposition of such criminal charges,
summons, complaint or indictment.
(h)
Name, address and age of every person to be initially employed
to conduct the service. It shall be a continuing obligation for licensees
to update the list of employees.
(i)
State the date upon which Construction Official has approved
the location for business.
2.
Investigation and Issuance. Upon receipt of an application, the Board
of Health will cause to be conducted a brief inquiry by the Police
Department, Construction Official and any other department or agency
of the Borough of Roseland or State of New Jersey to verify the information
contained in the application. Such inquiry shall be designed to include
the reputation, business responsibility, reliability, criminal background
and motor vehicle license abstracts of the applicant and all persons
having management or supervision. It shall further include an inquiry
or investigation of the proposed location and items proposed to be
sold or used in the business or enterprise of tattooing or body piercing.
3.
The Board of Health may deny an application where the investigation
or inquiry demonstrates that:
(a)
The information set forth in the application is incomplete or
fraudulent;
(b)
The applicant or any person conducting the business has been
convicted of a crime or disorderly person offense which has not been
expunged pursuant to N.J.S.A. 2C:52-1 et seq. or pardoned and which
offense relates adversely to the business for which the license is
sought. In this regard, the Board of Health shall be guided by N.J.S.A.
2A:168A-2;
(c)
The applicant has within four (4) months of the application
been addicted to the habitual use of drugs or intoxicating liquors;
(d)
The business property and location do not comply with requirements
for business use, as same are set forth by the Construction Official,
and/or other departments or agencies of the Borough.
4.
The Board of Health shall not issue any license until the Borough
Health Official shall have issued a certificate stating that the proposed
establishment, instruments and applicant have met all applicable State,
Federal and municipal health codes and regulations.
c.
No license or renewal thereof granted under the provisions of this
section shall be assignable or transferable. Any changes in ownership
shall require a new application and license with payment of fees.
d.
The renewal license fee for engaging in the business of operating
an establishment subject to this section within the Borough shall
be one hundred ($100.00) dollars per year. All licenses shall expire
on the last day of each calendar year. All applications for renewal
must be presented to the Board in writing, on forms prescribed by
the Board, no later than December 31 of the old license year.
e.
All establishments existing at the time of the enactment of this
section will be considered renewal applications provided that they
apply for renewal of said license within one (1) month after the effective
date of this section. Establishments failing to apply within the specified
time period will be considered new applicants and will be subject
to the provisions of paragraph b. of this subsection.
f.
If renovations of the tattoo or body piercing establishment occur, plans must be submitted to the Borough Health Department and the applicant will be required to comply with subsection 4-6.4 herein, as well as all other applicable codes, regulations or laws.
g.
In the event that an applicant fails to qualify for a license under
this section, the fee herein shall not be refunded.
h.
The license issued pursuant to this section shall be posted conspicuously
in the place of business or location named therein.
i.
The number of licenses issued in the Borough shall be limited to
one (1) for every seven thousand five hundred (7,500) of its population
as shown by the last then preceding Federal Census. For this purpose
no part of the seven thousand five hundred (7,500) shall suffice to
warrant an additional license.
j.
The licensed establishment shall manage all waste materials contaminated
by contact with bodily fluids as contaminated waste pursuant to N.J.A.C.
7:26-3A.8. Any establishment licensed under this section shall be
licensed with the State of New Jersey as a medical waste generator,
pursuant to N.J.A.C. 7:26-3A.8 prior to approval by the Board of Health.
k.
Operator Certificate.
1.
No person shall practice the art of tattooing or body piercing within
the Borough without first obtaining a certificate from the Department.
2.
All certificates shall be valid from the date of issuance and shall
automatically expire in three (3) years from the date of issuance
unless revoked sooner by the Department.
3.
No certificate to practice the art of tattooing or body piercing
shall be issued unless:
(a)
The applicant furnishes proof of having previously held such
a certificate; or
(b)
The applicant furnishes proof of having served an apprenticeship
in tattooing under an operator's certificate pursuant to this section
for a period of at least three (3) years, or apprenticeship in body
piercing under an operator's certificate pursuant to this section
for a period of at least eighteen (18) months; or
(c)
The applicant furnishes proof of having practiced the art of
tattooing or body piercing as a full-time occupation prior to the
date of the passage of these regulations; and
(d)
The applicant furnishes proof of having attended a bloodborne
pathogens training program given or approved by the Department within
the past three (3) years; and
(e)
The applicant pays a fee of fifty ($50.00) dollars for initial
operator certificate and a fee of fifty ($50.00) dollars for each
subsequent renewal certification for the same operator.
(f)
Upon adoption of these regulations, individuals who comply with
all of the above provisions except paragraph k3(d) relating to bloodborne
pathogens training will be issued a temporary certificate valid for
a period of six (6) months. At the end of this period, upon proof
of completion of such training, a permanent certificate (valid for
three (3) years) will be issued.
5.
No certificate shall be issued unless, following reasonable investigation
by the Department, the tattoo/body piercing operator has demonstrated
compliance with the provisions of this section and all other provisions
of the Roseland Health Code.
6.
All certificates shall be conditioned upon continued compliance with
the provisions of this section as well as all applicable provisions
of the Roseland Health Code.
7.
The certificate shall be posted in a prominent and conspicuous area
where it may be readily observed by patrons.
l.
Apprentice Certificate.
1.
Any person certified as a tattoo/body piercing operator pursuant
to this section may apply to the Department for one (1) or more apprentice
certificates which, upon issuance, will allow the apprentice named
thereon to practice tattooing in the establishment of and under the
direct supervision of the certified operator named thereon, for a
period of three (3) years or practice body piercing in the establishment
of and under the direct supervision of the certified operator named
thereon, for a period of eighteen (18) months.
2.
The applicant shall pay a fee of fifty ($50.00) dollars for each
apprentice certificate.
3.
The apprentice certificate shall be posted in a prominent and conspicuous
area where it may be readily observed by patrons.
[1973 Code § 5A-3]
a.
Age. It shall be a violation of this section for anyone or any tattoo
or body piercing business to tattoo or body pierce any individual
under eighteen (18) years of age without authorization signed by the
parent or legal guardian witnessed and attested to by a notary public.
The operator shall be responsible for maintaining the original consent
form and copies of all consent information for a period of two (2)
years beyond the recipient's 21st birthday. The operator shall obtain
a copy of a photo ID of such individual being tattooed and/or pierced.
b.
Each person wishing to receive a tattoo or body piercing must first
apply to the operator on a form approved by the Borough of Roseland
Board of Health. A tattoo or body piercing may be applied no sooner
than one (1) hour after the time the application is received by the
tattooist or body piercer. If the applicant is suspected to be under
the influence of alcohol, drugs or any other behavior modifying substance,
the operator must refuse the applicant.
c.
All records regarding the tattoos or body piercing are to be maintained for a minimum of two (2) years. Information required for each applicant referred to in subsection 4-6.3b is to include the name, age, date of birth, address and telephone number of the applicant as well as the name of the person who did the tattoo or body piercing, the design, location, ink lot number(s) and the date of the tattoo or type of body piercing done.
[1973 Code § 5A-4]
a.
Each tattoo or body piercing facility shall have a bathroom accessible
to the public and staff. Each bathroom shall be equipped with a commode
and a sink, with the sink being connected to hot and cold running
water. Antibacterial liquid soap and sanitary towels, or other approved
hand drying devices, shall be available at the sink at all times.
Common towels are prohibited. In addition to the above, tattooing
or body piercing cubicle or work station must be provided with a sink
connected to hot and cold running water. This area shall also be supplied
with antibacterial liquid soap and appropriate hand drying facilities.
Employee Handwashing Signs shall be posted in each bathroom.
b.
The chair or seat reserved for the person receiving the tattoo or
body piercing shall be a material that is smooth and easily cleanable
and constructed of material that is nonabsorbent. Any surface on the
chair that becomes exposed to blood or bodily fluids must be cleaned
and sanitized prior to use by the next customer.
c.
The work table or counter used by the tattoo artist or body piercer
shall be smooth and easily cleanable and constructed of material that
is nonabsorbent. There shall be a covered junction between the table/counter
and the wall if the table/counter is to be placed against the wall.
This table/counter must be cleaned and sanitized (utilizing a method
approved by the Borough of Roseland Board of Health) between customers.
d.
The walls in the tattooing or body piercing area shall be smooth
and easily cleanable and constructed of a nonabsorbent material.
e.
The floor in the tattooing or body piercing area shall be of durable
material that is nonabsorbent and is smooth and easily cleanable.
Floors shall be kept clean.
f.
Lighting within the tattoo or body piercing area shall be adequate
so as to provide a minimum of one hundred (100) foot-candles in all
areas.
g.
The work area reserved for the application of the tattoo or body
piercing shall be separated from other areas of the establishment
by walls or durable partitions. Walls or durable partitions shall
be smooth and easily cleanable and constructed of a nonabsorbent material,
extending at least six (6) feet in height and so designed as to discourage
any persons other than the customer and the tattoo artist or body
piercer from being in the work area.
h.
Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized, utilizing a method approved
by the Borough of Roseland Board of Health.
i.
Products used in the cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in an acceptable manner. Smaller
working containers filled on site from large containers must be clearly
marked with the name of the product.
j.
Proper waste receptacles shall be provided and waste shall be disposed
of at appropriate intervals.
k.
The use of tobacco in any form while engaged in tattooing and/or
body piercing procedures is prohibited. The use of tobacco shall be
restricted to areas physically removed from tattoo/body piercing work
areas.
l.
The consumption of food or drink shall be prohibited in the tattoo/body
piercing work areas of the parlor.
m.
Only articles considered necessary to the routine operation and maintenance
of the tattoo/body piercing work room operation shall be permitted
in the tattoo parlor.
n.
No live bird, turtle, snake, dog, cat or other animal shall be permitted
in any area used for the conduct of tattooing and/or body piercing
operations or in the immediate open, adjacent areas including the
main waiting area and the public access to the toilet room with the
exception of animals utilized for the assistance of the blind and/or
deaf.
o.
Effective measures shall be taken to protect the establishment from
the entrance, presence or breeding of insects and rodents on the premises.
1.
Anyone using pesticides must be certified by the State of New Jersey
Department of Environmental Protection for application of same.
2.
The use of pesticides shall not result in the contamination of dyes,
inks, ink reservoirs, needles, jewelry or gloves or any equipment
used in connection with the operation.
p.
Tattooing and/or piercing establishments shall operate Monday through
Saturday only.
[1973 Code § 5A-5]
a.
Tattoo Artist or Body Piercer.
1.
The operator must make Hepatitis B pre-exposure vaccinations available
to all employees at employer's cost. If an employee refuses vaccination,
such refusal shall be documented. If an unvaccinated employee seeks
vaccination at a later date, it shall be provided upon request at
the employer's cost.
2.
All tattoo artists and/or body piercers licensed under this section
shall have passed an examination administered by an appropriate organization
such as the American Red Cross that shows knowledge of sterile technique
and universal precautions to ensure that infection and contagious
disease shall not be spread by tattooing or piercing practices. All
employees must be recertified yearly and copies of certifications
from the American Red Cross or other organization approved by Health
Officer shall be sent to the Borough Board of Health.
3.
Before working on each patron, each tattoo artist or body piercer
shall scrub and wash his hands thoroughly with hot water and antibacterial
soap using his individual hand brush. Fingernails shall be kept clean
and short.
4.
Disposable anti-allergic latex gloves shall be worn by the tattoo artist or body piercer during tattoo preparation and application to prevent contact with blood or body fluids. Universal precautions as described by the Centers for Disease Control and Prevention (CDCP) shall be followed. All materials shall be disposed of in accordance with subsection 4-6.5 of this section after contact with any patron. Hands shall be washed immediately after removal of gloves. Any surface that has contact with blood shall be washed immediately.
5.
Immediately after tattooing or body piercing a patron, the tattooist
or body piercer shall advise the patron on the care of the tattoo
or body piercing in a written form and shall instruct the patron to
consult a physician at the first sign of infection of the tattoo or
body piercing. Printed instructions regarding these points shall be
given to each patron.
6.
All infections resulting from the practice of tattooing or body piercing
which become known to the operator shall be promptly reported to the
Health Officer by the person owning or operating the tattoo or body
piercing establishment or by the tattoo artist or body piercer.
b.
Skin Preparation.
1.
Tattooing or body piercing shall be done only on normal, healthy
skin surface that is free of moles or infection.
2.
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to subsection 4-6.5e of this section after each use and new blades shall be used for each patron.
3.
Following shaving, the area shall be thoroughly cleansed and scrubbed
with tincture of green soap or its equivalent and warm water. Before
placing the design or body piercing on the patron's skin, the area
shall be treated with seventy (70%) percent alcohol and allowed to
air dry.
Before the piercing of mucous membranes (i.e. oral, nasal, vaginal,
etc.) the area to be pierced shall be treated with an industry-appropriate
and medically indicated antiseptic solution.
4.
Only petroleum jelly (U.S.P. or National Formulary) or antiseptic
ointment shall be applied to the tattoo area prior to tattooing or
body piercing. The ointment shall be applied in a sanitary manner,
disposing of the utensil after spreading. Collapsible tubes of ointment
or jelly may also be used.
c.
Tattooing or Body Piercing.
1.
The use of single service hectographic stencils shall be required
for applying a tattoo outline to the skin. Multi-use stencils shall
be prohibited.
2.
Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials
are preferred. Pre-mixed dyes shall be used without adulteration of
the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Borough Board of Health
of the nontoxicity of the dyes or inks at the time of license application
and renewal.
3.
Single service or individual containers of dye or ink shall be used
for each patron and the container disposed of immediately after completing
work on each patron.
4.
The completed tattoo shall be washed with sterile gauze and a solution
of tincture of green soap or its equivalent, then disinfected with
seventy (70%) percent alcohol. The area shall be allowed to air dry
and antiseptic ointment shall be applied and spread with sterile gauze
and sterile dressing attached.
5.
Upon completion of piercing of the mucous membranes the area shall
be disinfected with the industry-appropriate and medically indicated
solutions.
d.
Needles and Instruments.
1.
Only single service sterilized needles and needle bars shall be used
for each patron.
2.
If solder is used in manufacturing needles, needle bars or needle
tubes, it must be free of lead.
3.
Any needle that penetrates the skin of the tattoo artist or body piercer shall be immediately disposed of in accordance with subsection 4-6.5e of this section.
4.
Needle tubes shall be soaked in soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with subsection 4-6.5e stored in sterile bags and maintained in a dry, closed area.
5.
Each item to be sterilized shall be individually wrapped using chemical
indicator bags or chemical indicator strips. Sterilization shall be
by steam sterilization. The sterilizer shall be well maintained with
a tight fitting gasket and clean interior. The manufacturer's operating
instructions and sterilization specifications shall be at hand. The
sterilizer shall conform to the manufacturer's specifications with
regard to temperature, pressure and time of sterilization cycle. Proper
functioning of sterilization cycles shall be verified by the weekly
use of biological indicators (i.e. spore tests). A log book of these
weekly test results shall be available, and a test may be required
to be done during any inspections.
6.
If the primary source of sterilization malfunctions, the Borough
Board of Health shall be notified within twenty-four (24) hours. In
an emergent situation, the Borough Board of Health may approve alternate
sterilization techniques.
7.
Needles and bars shall not be bent or broken prior to disposal. Tattoo
artists or body piercers shall take precautions to prevent injuries
from contaminated needles or tubes. The operator will develop appropriate
operating guidelines.
e.
Disposal of Waste. All used needles, needle bars or other tools used
in the tattooing process, as well as gloves, gauze and other materials
contaminated with blood or body fluids, shall be removed through the
use of a licensed medical waste hauler. Information pertaining to
the licensed medical waste hauler must be given to the Borough of
Roseland Board of Health.
[1973 Code § 5A-6]
a.
An amount not less than one hundred ($100.00) dollars nor more than
one thousand two hundred fifty ($1,250.00) dollars for each violation
of this section shall be payable to the Borough of Roseland. Each
day that the violation exists is considered to be a separate offense.
b.
Reasonable counsel fees incurred by the Board of Health in the enforcement
of this section shall be paid by the defendant. The amount of such
reimbursable fees and costs shall be determined by the Court hearing
the matter.
c.
After due notice and hearing the Board may suspend or revoke any
license issued under this chapter for violation of the provisions
of this section.
[1973 Code § 5A-7]
In the event any provisions of the within section are less restrictive
than the relevant portion of the State Sanitary Code, the more restrictive
provision of the State Sanitary Code shall apply.
Editor's Note: The general power to license and prescribe license
fees is contained in N.J.S.A. 40:52-1 et seq. Licensing is also part
of the general police power granted by N.J.S.A. 40:48-1 et seq. Taxicabs
must also comply with the requirements of N.J.S.A. 48:16-1 et seq.
[1973 Code § 7-1]
As used in this section;
shall mean the driving of an empty taxicab along a public
street at a slow rate of speed for the obvious purpose of soliciting
passengers.
shall mean and consist of transporting in a taxicab one (1)
or more persons for hire. Accepting a passenger to be transported
for hire from a point of departure within the Borough to a destination
within or without the Borough shall be considered operation of a taxicab
within the Borough. The operation of a taxicab by one other than the
owner shall be deemed operation by the owner as well as by the person
actually driving the taxi. The transportation of any person other
than the owner or driver in any motor vehicle bearing a sign using
the words "taxi", "taxicab", "cab", or "hack" shall be prima facie
evidence of operation.
shall mean any person in whose name title to any taxicab
is registered with the New Jersey Department of Motor Vehicles, or
who appears in the Department's records to be a conditional vendee
or lessee or has any other proprietory interest in a taxicab.
shall mean a motor vehicle used to transport passengers for
hire which does not operate over a fixed route and is not hired by
the day or hour.
[1973 Code § 7-2]
No person shall operate a taxicab within the Borough unless
both the owner and the driver of the taxicab are licensed under this
section.
[1973 Code § 7-3]
a.
Driver's License. The holder of a taxicab driver's license shall
be entitled to operate within the Borough any taxicab whose owner
has been licensed under this section.
b.
Owner's License. The holder of a taxicab owner's license shall be
entitled to operate a taxicab owned by him within the Borough provided
that the person driving the cab holds a valid taxicab driver's license.
[1973 Code § 7-4; Ord. No. 13-2004]
a.
Application Information. Applications for a taxicab owner's license
shall be made to the Chief of Police upon forms provided by him and
an application fee of five ($5.00) dollars and shall contain the following
information:
1.
The name and address of the applicant. If the applicant is a corporation,
its name, the address of its principal place of business, and the
name and address of its registered agent.
2.
A statement as to whether the applicant has ever been convicted of
violating any criminal or quasicriminal Statute, including traffic
laws and municipal ordinances. If the applicant has been convicted,
a statement as to the date and place of conviction, the nature of
the offense, and the punishment imposed.
3.
The number of vehicles to be operated or controlled by the applicant
and the location of any proposed depots or terminals.
4.
The previous experience of the applicant in the transportation of
passengers for hire including the name of any other State or municipality
where the applicant has ever been licensed to operate a taxicab, whether
his license was ever suspended or revoked, or his application for
the issuance or renewal of a license denied, and the reasons for the
denial, suspension, or revocation.
5.
Appropriate evidence as to the applicant's good character and business
and financial responsibility so that an investigator will be able
to properly evaluate it.
6.
Any other facts that the applicant believes tend to show why he should
be granted a license.
7.
A full color sketch showing the color scheme of the taxicabs to be
operated by the applicant and another full color sketch of any insignia
or design which the applicant intends to use to identify his taxicabs.
8.
Any other appropriate information which the Mayor and Council of
the Borough may by resolution require.
Applications shall be verified by oath or affirmation. Applications
by a partnership shall give the information required by this paragraph
for each partner, and shall be verified by all partners. Applications
by corporations shall give the information required for and be verified
by all officers and directors and all persons holding more than ten
(10%) percent of the corporation's common stock as well as the corporation
itself.
b.
Notice of Hearing. The Chief of Police shall advise the Mayor and
Council of the filing of an application. The Mayor and Council shall
set a date for a hearing on the application and shall notify the applicant.
The date set shall be within a reasonable time after the filing of
the application. The applicant shall cause a notice of the time and
place of hearing to be published once in a newspaper circulating in
the Borough at least three (3) days before the date set for the hearing.
c.
Investigation. The Chief of Police or a Police Officer designated by him shall also institute an investigation of the facts stated in the application and shall evaluate the application in the light of the criteria set forth in subsection 4-7.4e. A report containing the results of the investigation and evaluation, a recommendation by the Chief of Police that the license be granted or denied, and the reasons for his recommendation shall be forwarded to the Mayor and Council at least three (3) days before the date set for the hearing. A copy of the report shall also be sent to the applicant.
d.
Conduct of Hearing. At the hearing any person who is a resident or
taxpayer of the Borough may appear in person and make a brief statement
or submit a written statement in support of or in opposition to the
granting of a license. In addition, the applicant and any other person
who will be affected by the grant or denial of the license other than
as a Borough resident or taxpayer shall have the right to be represented
by an attorney, to testify himself or to present witnesses in support
of his position, to cross-examine opposing witnesses, and at his own
expense to have a stenographic record made of the proceeding. This
paragraph shall not prevent the Mayor and Council from imposing reasonable
limits on the number of witnesses appearing in favor of or against
the granting of the license, the time allowed for each side to present
its case, or for the examination or cross-examination of any witness,
or from imposing any other restriction which is necessary to insure
that the hearing is conducted in an orderly, fair and expeditious
manner.
e.
Factors Considered. In determining whether to grant or deny the application,
the Mayor and Council shall take into consideration the following
factors:
1.
The character, business and financial responsibility and experience
of the applicant, and the probability that if granted a license, the
applicant will operate his taxicab in accordance with the provisions
of this section.
2.
The number of taxicabs already in operation, the need of the public
for additional service, and any increased convenience that would result
to the public if more taxicabs were placed in operation.
3.
Whether any increase in the number of taxicabs operating in the Borough
would produce or substantially increase traffic congestion including
congestion in the vicinity of railroad stations or other areas where
taxicabs would frequently pick up or discharge passengers, or would
otherwise inconvenience the public.
4.
Any other factors directly related to the grant or denial of the
application which would substantially affect the public safety or
convenience.
f.
Issuance of License. The Mayor and Council shall by resolution grant
or deny the application. If the application is granted, the Chief
of Police shall issue the license upon receiving from the applicant
satisfactory proof that he has complied with all laws of the State
of New Jersey relating to the operation of taxicabs. The license shall
state the name and address of the licensee, the number of vehicles
which the licensee is authorized to operate, and the date of issuance.
g.
License Term, Fees. A taxicab owner's license shall be valid for
one (1) year from the date of issuance. The license fee shall be fifteen
($15.00) dollars per year per vehicle payable upon the filing of the
application for the issuance or renewal of the license.
h.
Renewals. Licenses for taxicab owners may be renewed by the Mayor
and Council without a hearing upon the licensee's filing with the
Chief of Police a sworn statement that there have been no changes
in the information contained in the issuance of the initial application
and that he has continued to comply with all laws of the State of
New Jersey relating to the operation of taxicabs and is not in violation
of any provision of this section, and a report by the Chief of Police
made after investigation that the statements made in connection with
the application for renewal are correct.
[1973 Code § 7-5; Ord. No. 13-2004]
a.
Applications. Applications for a taxicab driver's license shall be
made to the Chief of Police upon forms provided by him and shall contain
the following information:
1.
The name, address and age of the applicant.
2.
The number of the applicant's New Jersey motor vehicle operator's
license.
3.
A statement as to whether the applicant has ever been convicted of
the violation of any criminal or quasicriminal Statute, including
municipal ordinances and traffic laws. If the applicant has been convicted,
the date and place of the conviction, the nature of the offense and
the punishment imposed.
4.
A list of all the places where the applicant has ever applied for
or been granted a license to drive a taxicab.
5.
A statement as to whether the applicant's license to operate a motor
vehicle or his license to drive a taxicab has ever been suspended
or revoked, or his application for the issuance or renewal of either
license denied and, if so, the date and place of the denial, suspension
or revocation and the reasons for it.
6.
The names and addresses of all persons by whom the applicant has
been employed for the past five (5) years, the position held, and
the nature of the work performed.
7.
A statement by a physician licensed to practice in the State of New
Jersey certifying that he has examined the applicant on a specified
date which shall not be more than sixty (60) days prior to the filing
of the application and that in his opinion the applicant is not afflicted
with epilepsy, vertigo, heart trouble or any other infirmity which
would affect his ability to safely operate a taxicab.
8.
Three (3) photographs of the applicant at least two inches by two
(2 x 2) inches clearly showing the head and shoulders of the applicant.
9.
Appropriate evidence that the applicant is not a narcotics addict,
alcoholic or habitual drunkard and is of good moral character and
clean in dress and person.
10.
If the Chief of Police considers it necessary for the proper identification
or investigation of the applicant, the applicant shall be fingerprinted
and the fingerprints immediately processed for classification and
identification.
The application shall be accompanied by a fee of five ($5.00)
dollars for the initial license period.
b.
Examination. At the time of the filing of the application the Chief
of Police or a Police Officer designated by him shall give the applicant
a written or oral examination designed to test the applicant's knowledge
of the provisions of this section, the Motor Vehicle Act, the Traffic
Act, and other ordinances and regulations having to do with traffic
and the geography of the Borough.
c.
Investigation. The Chief of Police or a Police Officer designated
by him shall also conduct an investigation of the facts stated in
the application and shall report the results to the Mayor and Council
within a reasonable time. The report shall include a recommendation
that the license be granted or denied and the reasons for the recommendation.
d.
Consideration of Application.
1.
After considering the facts contained in the application and the
report of the Chief of Police, the Mayor and Council may grant the
application or they may decide to hold a hearing on the matter.
2.
In the event that the Mayor and Council decide that a hearing is
necessary, the applicant shall be given at least five (5) days notice
of the fact that a hearing will be held and of its time and place.
The applicant shall also be furnished with a copy of the report of
the Chief of Police.
3.
At the hearing the applicant shall be entitled to be represented
by an attorney, to present witnesses or to testify himself on his
own behalf, to cross-examine any opposing witnesses, and at his own
expense, to have a stenographic record made of the proceedings. After
considering the evidence, the Mayor and Council shall either grant
or deny the application.
e.
Issuance of License; Contents. Upon approval of the application by
the Mayor and Council, the Chief of Police shall immediately issue
the applicant a taxicab driver's license. The license shall contain
the licensee's name and address, physical description, signature and
photograph.
f.
Term of License; Fees. An initial license to drive a taxicab shall
be valid for the remainder of the calendar year in which it was issued.
A taxicab driver's license may be reviewed annually upon the payment
of a five ($5.00) dollar fee unless it has been revoked or suspended.
[1973 Code § 7-6]
a.
Initial Inspection. Before any vehicle is used as a taxicab within
the Borough, it shall be inspected by the Chief of Police or a Police
Officer designated by him to ascertain that it is in a safe, clean
and sanitary condition and contains all safety devices required by
law.
b.
Reinspections. All taxicabs shall be reinspected annually or more
often if the Mayor and Council so require by resolution. In addition,
any Police Officer may inspect any taxicab at any reasonable time
to determine if it is clean, sanitary, and in a safe and proper operating
condition.
c.
Failure to Pass Inspection. Any taxicab which fails to pass inspection
shall be immediately taken out of service and shall not be operated
again within the Borough until the defects which led to its rejection
are corrected. In the case of minor defects which do not constitute
an immediate danger to the health or safety of the public, the taxicab
may continue to operate for a period of one (1) week at the end of
which time it shall be reinspected. If the defect has not by then
been corrected, the vehicle shall immediately be taken out of service
and shall remain out of service until the defect is corrected.
[1973 Code § 7-7]
a.
Identification Required. Each taxicab operated in the Borough shall
have a sign painted on each rear door. The sign shall contain the
owner's name and the words "Taxicab" or "Taxi" in letters which shall
not be less than four (4) nor more than eight (8) inches in height.
b.
Imitation of Color Scheme or Insignia. No taxicab operated in the
Borough shall imitate the color scheme or any identifying design or
insignia of another taxicab lawfully operating in the Borough nor
shall one taxicab have a color scheme or identifying design or insignia
which is so similar to that of another taxicab as to be likely to
have a tendency to mislead the public. The first person using a particular
color scheme or identifying design or insignia for his taxicab shall
have the prior right to it.
[1973 Code § 7-8]
a.
Rates of Fare. The fare that may be charged by the driver or owner
of a taxicab for a trip wholly within the limits of the Borough shall
not exceed the following:
1.
Passengers. For up to two (2) passengers, fifty ($.50) cents and
twenty-five ($.25) cents for each additional passenger.
2.
Luggage.
(a)
Brief cases, attache cases, handbags, and similar small luggage
which normally accompanies the passenger, no charge.
(b)
Suitcases, overnight bags and similar luggage in excess of one
(1) piece per passenger, twenty-five ($.25) cents for each piece.
(c)
Trunks, fifty ($.50) cents for delivery to the door.
3.
Waiting Time. For shopping or sightseeing tours, four ($4.00) dollars.
b.
Display of Rates. Every taxicab shall have displayed in it in a manner
so as to be easily read by all passengers a card giving the maximum
permissible rates of fare.
c.
Receipts. The driver of a taxicab upon request of the passenger shall
give the passenger a receipt for the amount charged. The receipt shall
show the name of the owner, the license number of the taxicab, the
amount of the fare, and the date of the transaction.
d.
Refusal to Pay Fare. No person after hiring a taxicab shall refuse
to pay the legal fare. Nor shall any person hire a taxicab with the
intent not to pay the legal fare.
e.
Disputes Over Fares. All disputes as to the rate of fare shall upon
request of the driver or passenger, be determined by the Police Officer
in charge of the Police Station. Failure to comply with the Officer's
determination shall be a violation of this section.
[1973 Code § 7-9]
a.
Additional Passengers. No driver shall permit any additional person
to ride in his taxicab as a passenger unless the person first employing
the taxicab consents to the acceptance of the additional passenger.
b.
Number of Passengers. Every taxicab shall have in it a card displayed within plain view of all passengers stating its maximum permissible seating capacity. This capacity shall be determined by the Chief of Police or a Police Officer designated by him at the time that the vehicle is initially inspected as provided by subsection 4-7.6a. No driver shall permit more persons to be carried in his taxicab as passengers than the number stated as the maximum permissible seating capacity.
c.
Refusal to Carry Passengers. No driver shall refuse to carry any
orderly person to any destination within the Borough unless previously
engaged or unable, or forbidden by the provisions of this section
to do so.
d.
Soliciting for Hotels. It shall be a violation of this section for
any taxicab driver to solicit business for any hotel or to attempt
to divert patrons from one hotel to another.
e.
Misrepresentation. No driver of a taxicab shall induce any person
to employ him by knowingly misinforming that person as to the time
or place of the arrival or departure of any train or bus or as to
the location of any hotel, public place or private residence within
the Borough, or as to the distance between any two (2) points, nor
shall any driver convey a passenger to any other place or over any
other route than that which the passenger may have instructed him
to take. Unless otherwise ordered, passengers shall be conveyed only
over the most direct, practical route to their destination.
f.
Obstruction of Streets. No taxicab while waiting for employment by
passengers shall stand on any public street or space other than at
the place designated as a taxicab stand, nor shall any driver of a
taxicab seek employment by repeatedly driving his taxicab to and fro
in a short space in front of any theater, hall, hotel, public resort,
railroad station, or other place of public gathering, or by otherwise
interfering with the proper and orderly access to or egress from such
places. No taxicab driver shall engage in the practice commonly known
as cruising.
[1973 Code § 7-10]
a.
Transfer of Licenses. Every license issued under this section shall
apply only to the person to whom it is issued and shall not be transferable.
b.
Display of License. Every driver licensed under this section shall
display his driver's license in such a manner that it can be seen
by all persons riding in his taxicab as passengers. No license shall
be displayed in a taxicab which does not belong to the person actually
driving at the time.
c.
Record. Every driver shall maintain a daily record which shall indicate
with respect to each trip he makes the time and place of origin, the
time and place of destination, and the amount of fare charged. All
completed records shall be returned to the owner by the driver at
the conclusion of his tour of duty. The form on which the record is
kept shall be furnished to the driver by the owner and shall be approved
by the Chief of Police.
d.
Lost Property. Every driver of a taxicab at the beginning and end
of his tour of duty shall carefully search the cab for any property
lost or left in it. Any lost property not claimed by or delivered
to the owner within twenty-four (24) hours shall be reported in writing
to the Chief of Police by the driver or owner of the taxicab. The
report shall give brief particulars and a description of the property.
[1973 Code § 7-11]
a.
Generally. In addition to the causes for revocation of a license set forth in subsection 4-1.9 of this Code, any license issued under this section may be revoked or suspended or any application for the issuance or renewal of a license denied for any of the following reasons:
1.
Failure to render reasonable, prompt, safe, and adequate taxicab
service.
2.
The existence of a judgment unsatisfied of record against the licensee
or applicant in any suit arising over the operation of a motor vehicle.
3.
Permitting any taxicab owned or driven by the licensee to become
unsafe, unsanitary or dirty.
4.
Failure to comply with all applicable laws of the State of New Jersey.
b.
Drivers. If the licensee is a driver, his license may also be revoked
or suspended for the following reasons:
[1973 Code § 5-6.1]
As used in this section:
shall mean and include all general sales, open to the public,
conducted from or on a residential premises in any residential zone,
as defined in the Land Use Chapter, for the purpose of disposing of
personal property including, but not limited to, all sales entitled
"garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio,"
"flea market," or "rummage" sale. This definition shall not include
a situation where no more than five (5) specific items are held out
for sale and all advertisement of such sale specifically names those
items to be sold.
shall mean the owner or lessee of the premises.
shall mean property which is owned, utilized and maintained
by an individual or members of his or her residence and acquired in
the normal course of living in or maintaining a residence. It shall
not include merchandise which was purchased for resale or obtained
on consignment.
[1973 Code § 5-6.2]
No person shall sell or offer for sale, under authority granted
by this section, property other than personal property.
[1973 Code § 5-6.3]
No garage sale shall be conducted unless and until the individuals
desiring to conduct such sale shall obtain a permit therefor from
the Borough Clerk. Members of more than one (1) residence may join
in obtaining a permit for a garage sale to be conducted at the residence
of one (1) of them.
[1973 Code § 5-6.4]
Prior to the issuance of any garage sale permit, the individuals
conducting such sale shall file a written statement with the Borough
Clerk, at least five (5) days in advance of the proposed sale. Mailed
applications shall be postmarked at least seven (7) days in advance
of the sale. All applications shall set forth the following information:
a.
Full name and address of applicant or applicants.
b.
The location at which the proposed garage sale shall be held.
c.
The date, or dates upon which the sale shall be held.
d.
The date, or dates of any other garage sales within the current calendar
year.
e.
The name of the owner or occupant of the property on which the sale
shall be conducted.
f.
An affirmative statement that the property to be sold is owned by
the applicant as his own personal property and was neither acquired
nor consigned for the purposes of resale, and that such application
information given shall be full and true and known to the applicant
to be so.
[1973 Code § 5-6.5; Ord. No. 13-2004]
There shall be an administrative processing fee of five ($5.00)
dollars for the issuance of such permit.
[1973 Code § 5-6.6]
a.
Restrictions. The permit shall set forth and restrict the time and
location of such garage sales. No more than two (2) permits shall
be issued to one (1) residence and/or family household during any
calendar year. If members of more than one (1) residence join in requesting
a permit, then the permit shall be considered as having been issued
for each and all of such residences.
b.
Display. Any permit in possession of the holder or holders of a garage
sale shall be posted on the premises in a conspicuous place so as
to be seen by the public and the Police Department and/or any other
municipal official.
[1973 Code § 5-6.7]
If a garage sale is not held on the dates for which the permit
is issued or is terminated during the first day of the sale because
of inclement weather conditions, and an affidavit by the permit holder
to this effect is submitted, the Borough Clerk may issue another permit
to the applicant for a garage sale to be conducted at the same location
within thirty (30) days from the date when the first sale was to be
held. No additional permit fee shall be required.
[1973 Code § 5-6.8]
Garage sales shall be limited in time to 9:00 a.m. to 6:00 p.m.
only, of three (3) consecutive days or two (2) consecutive weekends,
Saturday and Sunday.
[1973 Code § 5-6.9]
a.
Signs. No signs for advertising or directing customers shall be posted
on any place other than the premises longer than three (3) days prior
to and including the dates of the sale. The sign shall be removed
within twenty-four (24) hours after the sale has been terminated.
b.
Display of Sale Property. Personal property offered for sale may
be displayed within the residence, in a garage, carport, and/or in
a rear yard, but only in such areas. No personal property offered
for sale at a garage sale shall be displayed in the front or side
yard areas of any such premises or in any public right-of-way. However,
a vehicle offered for sale may be displayed on a permanently constructed
driveway within such front or side yards.
c.
Sale of Mattresses. No person shall offer for sale mattresses, bedsprings,
cots, lounges and sofas in any garage sale authorized under the provisions
of this section, without first complying with N.J.S.A. 26:10-1 through
26:10-18, with respect to the labeling, sterilizing and disinfecting
of mattresses, bedsprings, cots, lounges and sofas.
d.
Parking. All parking of vehicles shall be conducted in compliance
with all applicable laws and ordinances. Further, the Police Department
may enforce such temporary controls to alleviate any special hazards
and/or congestion created by any garage sale.
[1973 Code § 5-6.10]
The person to whom the permit is issued and the owner or tenant
of the premises on which the sale or activity is conducted shall be
jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of the sale or activity.
Neither person shall permit any loud or boisterous conduct on the
premises nor permit vehicles to impede the passage of traffic on any
roads or streets in the area of such premises; and each shall obey
the reasonable orders of any member of the Police or Fire Department
of the Borough in order to maintain the public health, safety and
welfare. All licensed premises shall at all times be subject to such
reasonable rules as may be made from time to time by the Borough Council
and shall be subject to inspection at all times by the Police Department,
Chief of Police and Fire Chief, or any of their agents or any other
duly authorized representative of the Borough. It shall be the responsibility
of the applicant to notify the Chief of Police of the date of the
sale.
[1973 Code § 5-6.11]
a.
The provisions of this section shall be enforced by the Police Department.
It shall be the duty of the Police Department to investigate any violations
of this section coming to his attention, whether by complaint or arising
from his own personal knowledge, and if a violation is found to exist,
he shall prosecute a complaint before the local Municipal Court pursuant
to the provisions of this section.
b.
A Police Officer or any other official designated by any Borough
ordinance to make inspections under the licensing or regulating ordinance
or to enforce the same shall have the right of entry to any premises
showing evidence of a garage sale for the purpose of enforcement or
inspection and may close the premises from such a sale or arrest any
individual who violates the provisions of this section.
[1973 Code § 5-6.12]
The provisions of this section shall not apply to nor affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale, items of personal property
which are specifically named or described in the advertisement, and
which separate items do not exceed five (5) in number.
d.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the Borough or under the
protection of the nonconforming use section thereof, or any other
sale conducted by a manufacturer, dealer or vendor which would be
conducted from properly zoned premises and not otherwise prohibited
under the provisions of this revision.
e.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization, provided that the burden
of establishing the exemption under this subsection shall be on the
organization or institution claiming such exemption.
[1973 Code § 5-6.13]
a.
False Information. Any permit issued under this section may be revoked
or any application for issuance of a permit may be refused by the
Borough Clerk if the application submitted by the applicant or permit
holder contains any false, fraudulent or misleading statement.
b.
Conviction of Violation. If any individual is convicted of an offense
under the provisions of this section, the Borough Clerk shall cancel
any existing garage sale permit held by the individual convicted and
shall not issue such individual another garage sale permit for a period
of two (2) years from the time of conviction, nor shall a garage sale
be conducted upon the premises where the offense occurred, for a period
of two (2) years provided the violator shall be a continuous resident
therein.
[1973 Code § 5-6.14]
Any person conducting any such sale or similar activity without
being properly licensed therefor or who shall violate any of the other
terms and regulations of this section shall, upon conviction, be fined
not less than twenty-five ($25.00) dollars nor more than one hundred
($100.00) dollars or be imprisoned for a period not to exceed ten
(10) days for each violation. Every article sold and every day a sale
is conducted in violation of this section shall constitute a separate
offense.
Editor's Note: See also Board of Health, Chapter BH8.
[1973 Code § 5-5.1]
No person shall own or operate a retail food establishment,
as defined in N.J.A.C. 8:24-1 et seq., and no person shall own or
operate a food and/or beverage vending machine, as defined in the
Food and Beverage Vending Machine Code of New Jersey, 1961, as the
same may be amended and supplemented, without having first obtained
the license from the Borough and paid the required license fee. The
term of the license shall be for a period of one (1) year with all
licenses to expire on December 31.
[1973 Code § 5-5.2]
In addition to the requirements contained in Section 4-1, each application for a license under this section shall be investigated by the Borough Health Officer, who shall report his findings in writing to the Mayor and Council within a reasonable time. No license shall be issued unless the Health Officer reports that the applicant conforms to all provisions of N.J.A.C. 8:24-1 et seq., and the provisions of the Food and Beverage Vending Machine Code of New Jersey, 1961, as amended and supplemented.
[1973 Code § 5-5.3; Ord. No. 13-2004; New]
The fees for licenses under this section shall be as follows:
a.
Retail Food Establishment License.
1.
The fees for a retail food establishment license shall be assessed
on the basis of the square footage of the establishment, including
storage and preparation areas according to the following schedule:
|
Size of Establishment
|
Fee
|
|---|---|
|
0 - 1,000 sq. ft.
|
$100.00
|
|
1,001 - 2,000 sq. ft.
|
$200.00
|
|
2,001 - 3,000 sq. ft.
|
$300.00
|
|
3,001 - 4,000 sq. ft.
|
$400.00
|
|
4,001 - 5,000 sq. ft.
|
$500.00
|
|
5,001 - 10,000 sq. ft.
|
$600.00
|
|
10,001 - 20,000 sq. ft.
|
$700.00
|
|
20,001 - 30,000 sq. ft.
|
$800.00
|
|
30,001 - 40,000 sq. ft.
|
$900.00
|
|
40,001 - 50,000 sq. ft.
|
$1,000.00
|
|
50,001 - 75,000 sq. ft.
|
$1,100.00
|
|
75,001 - 100,000 sq. ft.
|
$1,200.00
|
|
above 100,000 sq. ft.
|
$1,500.00
|
2.
Reinspection fee (following Conditional Satisfactory rating or other
Board of Health issue): $200.00
3.
Subsequent reinspection: $500.00
4.
Late application, additional fee: $100.00
5.
Fees for a retail food establishment serving only prepackaged (nonpotentially
hazardous) foods with no food preparation on site shall be assessed
on the basis of the square footage of the establishment, including
storage areas.
|
Size of Establishment
|
Fee
|
|---|---|
|
0 - 2,500 square feet
|
$125.00
|
|
Over 2,500 square feet
|
$250.00
|
6.
Fees for a retail food establishment serving prepackaged (potentially
hazardous) foods on site shall be assessed on the basis of square
footage of the establishment, including storage areas, as per paragraph
a1 above.
b.
Temporary Food License:
Maximum 14 days for carnivals, fairs, etc.: $100.00
(Nonprofit, charity, fundraiser event): waived
c.
Mobile Food Vendor License: 150.00
d.
Vending Machines (food and beverage):
First machine: $100.00
Each additional machine (same site): $ 20.00
e.
Day Care Center: $100.00
[1973 Code § 5-5.4]
In addition to the grounds for revocation set forth in subsection 4-1.9, any license issued under this section may be suspended or revoked for failure to comply with any provisions of N.J.A.C. 8:24-1 et seq. and the Food and Beverage Vending Machine Code of New Jersey, 1961, as amended and supplemented.
[1973 Code § 5-7.1]
This section shall be known and may be cited as the Roseland
Drive-In Restaurant Regulations.
[1973 Code § 5-7.2]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein.
shall mean the Roseland Board of Health.
shall mean the Borough Council.
shall mean any establishment where food, frozen dessert and/or
beverage is sold to the consumer and where motor vehicle parking space
is provided and where such food, frozen dessert, and/or beverage is
intended for immediate consumption within the building or in the motor
vehicle parked upon the premises, or anywhere on the premises outside
the building. The standard for the determination of "drive-in restaurant"
shall include but not be limited to the meeting of one (1) or more
of the following conditions:
a.
If it has twenty (20) or fewer seats.
b.
If a significant portion of its sales are made for off-premises consumption.
c.
If service is available only at a counter-type installation.
d.
If curb or carhop service is available.
e.
If its food is prepared and ready to serve prior to being ordered.
f.
If it is a franchised operation of a chain whose name is identified
with this type of facility.
g.
LICENSEE
WASTE MATERIAL
If its clientele is drawn from beyond its immediate neighborhood.
shall mean a person having a Borough license in full force
and effect issued hereunder for a drive-in restaurant.
shall mean paper cups, straws, napkins, garbage, beverages
and all other waste matter intended for disposal which, if not placed
in a proper receptacle, tends to create a public nuisance by rendering
property unclean, unsafe and unsightly.
[1973 Code § 5-7.3]
No person shall construct, operate, or maintain a drive-in restaurant
within the Borough without first obtaining a license as hereinafter
provided.
[1973 Code § 5-7.4; Ord. No. 13-2004]
a.
General Information. Applications for licenses issued hereunder shall
be made upon blank forms prepared by the Borough Council and Board
of Health and shall be made available by the Borough Clerk. Such applications
shall state:
1.
The name, home address and proposed business address of the applicant.
2.
The number of motor vehicles which the proposed drive-in restaurant
is designed to accommodate.
3.
The hours of operation for the proposed drive-in restaurant.
4.
Such other information as the Borough Council or Board of Health
shall find reasonably necessary to effectuate the purpose of this
section and to arrive at a fair determination of whether the terms
of this section have been complied with.
b.
Plan or Drawing. An application hereunder shall be accompanied by
a plat or drawing of the proposed drive-in restaurant showing:
1.
Its location, size, and capacity.
2.
The location and size of entrances and exits.
3.
The kind of ground surface.
4.
The location, size and construction of all structures.
5.
The location, size and construction of surrounding walls, fences
or barriers.
Such application shall further be accompanied by a licensed
engineer's report detailing the efficiency and sufficiency of the
interior and exterior lighting capacities to include safety considerations
as to all persons utilizing the premises together with anticipated
decibel levels of all interior and exterior noise generated or caused
by the operation of the drive-in restaurant.
c.
Application Fee. A new or renewal application hereunder shall be
accompanied by an application fee of five hundred ($500.00) dollars.
d.
Bond or Liability Insurance Required. Every application for a license
hereunder shall be accompanied by a bond, approved as to form by the
Borough Attorney, executed by a bonding or surety company authorized
to do business in the State of New Jersey in the penal sum of one
million ($1,000,000.00) dollars conditioned upon the payment by the
licensee of any and all final judgments for injuries or damages resulting
to persons or property arising out of the operation or maintenance
of any drive-in restaurant. Such bond shall run to the Borough for
the benefit of any person who may receive injuries, and for the benefit
of any person who may claim redress for property damage resulting
from the operation or maintenance of such drive-in restaurant. Such
bond shall remain in full force and effect for the full period of
time for which the license is effective. The Borough Council shall
have the authority to accept, in lieu of a bond, a liability insurance
policy, issued by an insurance company authorized to do business in
the State of New Jersey, which shall conform to the requirements of
this section.
[1973 Code § 5-7.5]
The Borough Council shall issue a license upon recommendation
of the Board of Health and after it finds:
a.
That there is no apparent danger to the health, morals or safety
of the people of the Borough.
b.
That the applicant, its officers or agents, if any, are morally responsible,
have a good reputation, and are capable of operating the proposed
drive-in restaurant in a manner consistent with the public health,
safety and good morals, and have sufficient experience to operate
same in a manner consistent with this section.
c.
That conducting a drive-in restaurant at the location designated
during the hours applied for shall not result in the violation of
any law or ordinance and shall not result in a disturbance of the
peace and quiet of the neighborhood.
d.
That the bond or insurance policy, as required by this section has
been procured.
e.
That the requirements of this section and of all other governing
laws and ordinances have been met.
[1973 Code § 5-7.6; Ord. No. 13-2004]
An annual license shall be issued by the Borough Council to a successful applicant hereunder after payment of a license fee of five hundred ($500.00) dollars. Such license shall be renewed annually by making a reapplication in accordance with subsection 4-10.4. Under no circumstances shall a license be renewed if three (3) or more violations of this section or any other local ordinance, resolution, rule or regulation, or any State Code or statutory provision shall be found by any municipal agency or at the direction of same. In the event that three (3) or more violations shall be found, then the drive-in restaurant containing such violations shall be immediately closed and padlocked by the Health Officer together with a suspension of the license to operate same. There shall be a hearing within five (5) days of the date in which the drive-in restaurant containing three (3) or more violations has been closed and padlocked together with license to operate same suspended. Such hearing shall be before the Borough Council at which time the licensee of the drive-in restaurant shall show cause why the drive-in restaurant should not remain closed and padlocked together with the license to operate the same suspended. Nothing contained in this section shall be deemed to, in any way, limit the action which the Council may take pursuant to this section.
[1973 Code § 5-7.7]
a.
Quiet and Good Order Maintained by Licensee. The licensee shall maintain
quiet and good order upon the premises of a drive-in restaurant and
shall not permit disorderly or immoral conduct or loitering. The licensee
shall not cause or create any noise or other nuisance on the parking
area of a drive-in restaurant whereby the quiet and good order of
the premises or of the neighborhood shall be disturbed.
b.
Noise and Other Disturbances by Patrons. No person on the premises
of a drive-in restaurant shall race the motor of any motor vehicle
needlessly, bring to a sudden start or stop any motor vehicle, blow
any horn, or make or cause to be made any other loud or unseemly noise,
nuisance or disturbance whereby the quiet and good order of the premises
or of the neighborhood shall be disturbed. The licensee shall be responsible
for the enforcement of same.
c.
Premises Free from Refuse. No person shall place, throw or deposit
any waste material upon the outside premises or parking area of a
drive-in restaurant or on any street, alley or adjoining property
or in the vicinity of a drive-in restaurant, except in adequate receptacles
provided for that purpose, nor shall the licensee permit such conduct.
d.
Disposal of Refuse by Licensee; Containers. The licensee shall at
least once in twenty-four (24) hours dispose of waste materials which
tend to create a public nuisance on the premises. The licensee shall
keep the premises whereon the drive-in restaurant is located, together
with the parking area and that portion of any street or alley adjoining
the drive-in restaurant free from waste material. The licensee shall
provide the drive-in restaurant with a sufficient number of adequate
refuse containers. Any incinerator which may be installed shall conform
with the rules and regulations of all local and State safety regulations.
e.
Sale from Windows and Other Openings. The sale of food, frozen desserts,
beverages, candy and other products from a window or other opening
in a drive-in restaurant shall not be permitted.
f.
Access. The licensee shall provide access available to public streets
or other public ways from at least two (2) points at all times. Such
means of access shall be kept clear by the licensee at all times to
facilitate departure of persons in motor vehicles and to permit entrance
of fire apparatus or ambulances in case of emergency.
g.
Illumination of Area. The parking area of any drive-in restaurant
shall be adequately illuminated by electric lights. Such illumination
shall be so arranged by the licensee as to reflect away from any adjoining
property.
h.
Fence or Wall. The licensee of a drive-in restaurant shall provide
a wall or fence of adequate height to screen the patrons and motor
vehicles on the premises from the view of the surrounding property.
Such fence or wall shall be of design and structure approved by the
Borough Engineer. The perimeter of such fence or wall shall be landscaped
by the licensee with suitable plants and shrubbery to preserve as
far as possible, harmony with the appearance of the surrounding property.
i.
Service and Consumption Regulations.
1.
It shall be unlawful for any drive-in restaurant to sell or serve
any prepared food or drink for consumption outside of the enclosed
premises of the restaurant or in motor vehicles while parked on the
premises, except that nothing herein shall prevent a carry-out service
for the consumption of food and drink off the premises and outside
the confines of its building. The licensee shall be responsible for
the enforcement of same to include the posting of conspicuous signs.
2.
No person shall consume any food purchased in a drive-in restaurant
outside the confines of the building or in motor vehicles while parked
on the restaurant's premises.
j.
Exceptions. The provisions of this subsection shall not apply to
the sale, service or consumption of food at refreshment stands at
parks, beach clubs, swimming clubs, athletic field or other similar
recreation areas, or the temporary operation of refreshment stands
at properly licensed circuses, bazaars and other social functions
or parties and social events conducted at a restaurant or to the sale
of soda in cans or bottles at gasoline stations.
[Ord. No. 17-2008 § 4.11-1]
The purpose of this section is to establish a procedure and
authorize rules and regulations thereunder for the licensing of temporary
outdoor seating areas in the B-1 and B-2 Zones of the Borough of Roseland
for the consumption of food and beverages for patrons of an eating
establishment.
[Ord. No. 17-2008 § 4.11-2]
For the purpose of this section, the following words shall have
the meanings respectively ascribed in this section:
shall mean any restaurant, cafe; cafeteria or other place of business in the B-1 and B-2 Zones of the Borough where food and/or other refreshments are served or consumed, except that an eating establishment does not include: an establishment that is a supermarket, convenience store or grocery that does not have seating where food and/or other refreshments are served or consumed; any establishment providing service primarily from vending machines; any other retail food establishment that is defined at subsection 4-9.1 et seq; and any drive-in restaurant defined in subsection 4-10.1 et seq.
shall mean that area or portion of the public right-of-way
or street between the curbline and the adjacent property line which
has been paved with concrete or other approved material and is intended
for pedestrian traffic from the curb to the front line of the building
housing an eating establishment.
shall mean the area of an eating establishment sidewalk where
food and other refreshments are served or consumed outside the interior
of the eating establishment on or upon the public right-of-way, namely,
the sidewalk immediately in front of the eating establishment where
food and/or other refreshments are served or consumed or, as provided
in this section, the area of private property where food and other
refreshments are served or consumed outside the interior of the eating
establishment.
[Ord. No. 17-2008 § 4-11.3]
It is unlawful for any person, firm, partnership, corporation,
association, organization or business entity of any kind (hereinafter
collectively referred to as "person") to create, establish, operate,
maintain or otherwise be engaged in the business of conducting an
outdoor temporary outdoor seating area upon any sidewalk of the Borough
or on private property, unless such person holds a currently valid
license issued pursuant to the terms of this section.
[Ord. No. 17-2008 § 4-11.4;
amended 7-27-2021 by Ord. No. 22-2021]
a.
Area.
1.
When located within the public right-of-way, a temporary outdoor
seating area shall only be located on the eating establishment sidewalk
directly in front of the eating establishment to which the temporary
outdoor seating area is accessory. For purposes of administering this
provision, the term "directly in front of" means an area of the sidewalk
represented by an extension of each side of the store or premises:
occupied by the eating establishment projected directly to the curb
line immediately in front thereof. Such temporary outdoor seating
area will be required to maintain an unobstructed paved surface for
pedestrian traffic at least fifty-two (52) inches wide from the curb
line, located on the sidewalk, around or through such temporary outdoor
seating area.
2.
When located on private property, a temporary outdoor seating area
may be located in front of, on the: side of and/or to the rear of
the eating establishment to which the temporary outdoor seating area
is accessory. Such temporary outdoor seating area shall be located
on the property containing the eating establishment, in the parking
lot area for the property and/or within the public right-of-way as
permitted by this section. In the case of temporary outdoor seating
area that is located on property containing multiple tenants or occupants,
such temporary outdoor seating area shall not be permitted to be located
in front of, on the side of and/or to the rear of any other establishment,
store, office, business or other rentable space on the same property
or within the parking lot area of the property without written permission
from the property owner. If located within the public right-of-way,
such temporary outdoor seating area shall be required to maintain
an unobstructed paved surface for pedestrian traffic at least fifty-two
(52) inches wide from the curb line around or through such temporary
outdoor seating area.
b.
Requirements.
1.
The seating in the temporary outdoor seating area must not impinge
upon or interfere with or create an unsafe condition with the sidewalk
and or with any pedestrian or motor vehicle traffic.
2.
All such temporary outdoor seating areas shall be ADA-accessible.
3.
If the eating establishment is situated at a corner of an intersection,
no temporary outdoor seating area may be situated closer than twenty-five
(25) feet of the two (2) roadway right-of-way lines nor shall the
temporary outdoor seating area interfere with pedestrian or motor
vehicle traffic visibility across and through the street corner.
4.
Any and all persons consuming food or beverages in the temporary
outdoor seating area must be seated when consuming such food or beverages
in the temporary outdoor seating area.
5.
The temporary outdoor seating area must not physically displace or
interfere with or create unsafe conditions with regard to vehicle
parking spaces, driveways or parking lots.
6.
The temporary outdoor seating area must be designed, established
and maintained in such a manner as to ensure the safety of the patrons
of the eating establishment, pedestrians and motor vehicles and must
be in compliance with applicable health and safety laws.
7.
Non-breakable dishware, glass or containers must be used for service
of food and beverages.
8.
Umbrellas used at any temporary outdoor seating area must be closed
and properly stored.
9.
Fire pits, LP-gas fire pits and LP-gas mushroom-type heaters. Fire
pits and LP-gas fire pits are not permitted within any temporary outdoor
seating area. LP-gas mushroom-type heaters are permitted but shall
not be used in buildings, including tents or partially covered canopy-type
enclosures, foyers, and enclosed courtyards. For LP - gas heaters,
the minimum safety instructions are, but not limited to the following:
(a)
The mushroom-type heater unit shall not be left unattended;
(b)
The unit shall be placed on a hard and level surface;
(c)
The unit's LP-gas tank shall be turned off when the heater is
not in use;
(d)
The unit shall not be used if wind velocity is greater than
10 mph to prevent flame-out;
(e)
LP-gas maximum inlet pressure shall meet the manufacturer's
recommendations;
(f)
After use, the heater unit shall be allowed to cool for at least
20 minutes before handling;
(g)
The unit shall only be used outdoors in a well-vented area;
(h)
The unit shall not be handled while in use;
(i)
The unit shall be so placed as to keep children away;
(j)
The unit shall be placed at least five (5) feet away from any
flammable materials, such as carpet, drapes, decorations, chemicals,
paper goods, furniture, etc.;
(k)
Units shall be sufficiently cordoned-off as to prevent accidental
tip-over;
(l)
Units shall be sufficiently cordoned-off as to prevent casual
contact by the public;
(m)
Unit hood-up may require the use of a suitable crescent or box-end
wrench only; and
(n)
Tanks shall be stored five (5) feet away from any doorway or
building opening.
[Ord. No. 17-2008 § 4-11.5;
amended 7-27-2021 by Ord. No. 22-2021]
a.
Application. Application for the license required hereunder shall
be made to the Borough Clerk and shall be signed by the applicant
as provided for herein. The application must contain the following
information and must be completed in the following manner. Upon receipt,
the application shall be referred to the Construction Official, Zoning
Officer, Chief of Police, Chief of the Fire Department, and Health
Officer for their review and recommendation.
1.
If the eating establishment is owned by an individual or individuals,
the name, residence address and telephone number of each individual
owner of the eating establishment. If the eating establishment is
a business entity including, but not limited to, a corporation, partnership,
limited liability company or other similar entity: (1) the names,
residence addresses and telephone numbers of each director, officer,
member, manager, managing member, partner or principal who own or
hold a five percent (5%) or greater interest in such business entity;
and (2) the name and principal address of the business entity and
the name, principal address and telephone number of the managing officer,
member, agent or other official of the business entity for the purpose
of process within the State of New Jersey; and (3) a copy of the documentation
that formed the business entity such as a certificate of formation
or certificate of incorporation together with written proof that the
business entity is qualified to conduct business in the State of New
Jersey and is in good standing under the laws of the State of New
Jersey or other applicable jurisdiction in which the business entity
is organized.
2.
A copy of the trade, corporate, business or fictitious name upon
which the applicant intends to do business pursuant to this section.
3.
The address and description of each place where the applicant intends
to establish or operate a temporary outdoor seating area.
4.
Three (3) sets of a proposed layout plan containing scaled drawings
clearly illustrating the number, type of materials, color and location
of all tables, chairs, umbrellas or other furnishings or fixtures
intended to be located in the temporary outdoor seating area. The
perimeter of the temporary outdoor seating area must be clearly defined
and set-off by a portable-type enclosure, which may include live plantings.
The enclosure must define the perimeter of the area to be used as
a temporary outdoor seating area and must separate the temporary outdoor
seating area from the pedestrians traversing the adjacent sidewalk.
The enclosure must not contain doors or windows nor air conditioning
or heating equipment and must be open at all times to the air from
a height of not more than three (3) feet. The scaled drawings shall
also illustrate the following:
(a)
The location of any doors leading from the eating establishment
or any door from a neighboring establishment to the temporary outdoor
seating area and no such doors may be obstructed in any manner; and
(b)
The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around or through the temporary
outdoor seating area; and
(c)
The location of the place where any food or drink is intended
to be prepared; and
(d)
An illustration of the enclosure or protective barrier separating
the eating and serving area of the temporary outdoor seating area
from pedestrian traffic; and
(e)
The location of all fire hydrants, parking meters, utility poles,
benches, handicap ramps, street furniture, trees, driveways, parking
spaces and any other fixtures permanently located on the sidewalk
in front of the eating establishment or within twenty-five (25) feet
thereof on either or any side; and
(f)
The type and location of any and all proposed outdoor lighting
and fixtures; and
(g)
The type, number and location of any proposed gas heaters to
be used within the temporary seating area; and
(h)
A color photograph or photographs of the property in which the
temporary outdoor seating area is to be situated; and
(i)
Delineate the manner in which garbage and other solid waste
will be managed and disposed of with the identification of any waste
receptacles and the appearance and composition of same, with no dumpsters
being situated in or near the temporary outdoor seating area; and
(j)
Delineate the manner in which any and all tables, chairs, benches,
equipment and other materials associated with a temporary outdoor
seating area that is situated will be secured when the eating establishment
is not open for business; and
(k)
If the temporary seating area or a portion thereof is to be
located in front of, on the side of and/or to the rear of any other
establishment, store, office, business or other rentable space on
the same property or in the parking lot of the property, provide a
copy of written permission from the property owner of the property
for such use.
b.
Fees. The payment of an application fee and any other annual fees
as established by or set by the Mayor and Council by resolution.
c.
Review of Application. If the Application is deemed complete and
approved by the various Borough Departments, the Borough Clerk shall
act upon same within ten (10) business days of the submittal of the
application. If the application is not complete, the Borough Clerk
will so notify the applicant within ten (10) business days of the
submission and specifically detail the areas in which the Application
lacks compliance with the requirements of this section.
d.
Issuance of License. If the Application complies with the requirements
of this section, the Borough Clerk will issue a license strictly subject
to the terms and conditions of this section.
e.
Other Governmental Approvals. If the temporary outdoor seating area
is situated in a sidewalk or right-of-way which is the subject of
the jurisdiction of a governmental entity or agency other than the
Borough including, but not limited to, the State of New Jersey or
the County of Essex, the applicant will be obligated to apply for
and obtain any permits or other approvals that may be required by
such other governmental entity or agency and delivery written proof
of such approvals to the Borough Clerk prior to the issuance of any
license.
[Ord. No. 17-2008 § 4-11.6]
The license is personal and peculiar to the applicant and is
not assignable or transferable by the applicant to any other person.
Any change or transfer of the ownership interest in the eating establishment
will terminate the license and will require new application and the
review and if applicable, issuance of a new license in conformance
with all the requirements of this section.
[Ord. No. 17-2008 § 4-11.7]
Acceptance of the license by the applicant shall operate as
a consent to the Health, Fire, Police and Building Officials of the
Borough to inspect the temporary outdoor seating area and the eating
establishment for continued compliance with the terms and conditions
of this section and any Federal, State, County or local law, article
or regulation affecting the same.
[Ord. No. 17-2008 § 4-11.8]
No license required by this section shall be granted to any
person to operate a temporary outdoor seating area until such person
shall have filed with the Construction Code Official a statement agreeing
to indemnify and hold harmless the Borough of Roseland, its agents,
servants, representatives or employees from any or all claims, damages,
judgments costs or expenses, including attorneys' fees, which they
or any of them may incur or be required to pay because of any personal
injury, including death, or property damage suffered by any person
or persons as a result of or related in any way to the operation and
maintenance of the temporary outdoor seating area for which the license
is issued.
[Ord. No. 17-2008 § 4-11.9;
amended 7-27-2021 by Ord. No. 22-2021]
a.
Insurance Policy.
1.
No license required by this section shall be granted to any person
to operate a temporary outdoor seating area until such person shall
have first filed with the Borough Clerk a certificate of insurance
for a comprehensive general liability policy issued to such person
by a public liability insurance company authorized to do business
in the State of New Jersey affording the coverages set forth below
in the amounts specified. Such insurance policy shall name the Borough
of Roseland, its agents, officers, servants, representatives and employees
as additional named insured with respect to the operation and maintenance
of the temporary outdoor seating area in the following amounts.
2.
The insurance coverage required by this section shall at all times
be maintained for the full amount. The certificate of insurance required
by this section to be filed with the Borough Clerk shall contain clause
obligating the company issuing the same to give not less than thirty
(30) days written notice to the Borough Clerk before cancellation
or amendments of any of the terms thereof. Notice of cancellation
shall not relieve the company; issuing such policy of liability for
any injury or claim arising before the cancellation becomes effective.
The cancellation of any such insurance policy shall have the immediate
effect of suspending the license of such person to operate the temporary
outdoor seating area covered thereby until a new policy complying
with the provisions of this section is filed with the Borough Clerk
and a letter in writing confirming the new effective date of the license
is issued by the Borough Clerk.
3.
Every insurance policy required hereunder shall contain a provision
for continuing liability thereunder to the full amount thereof notwithstanding
any recovery thereon, that the liability of the insured shall not
be affected by the insolvency or the bankruptcy of the insured, and
that until the policy is canceled the insurance company will not be
relieved from liability on account of nonpayment of premium or of
any act or omission by the named insured. Such policy of insurance
shall be further conditioned for the payment of any and all judgments
up to the limits of such policy. Every insurance policy must be issued
by an insurance company that is licensed to do business in the State
of New Jersey.
[Ord. No. 17-2008 § 4-11.10]
Any license issued hereunder is issued solely as a revocable
license, which shall be subject to revocation or suspension by the
Borough Administrator for failure of any licensee to comply with this
section or for violation of any other applicable Federal, State, County
or municipal law, regulation or article.
[Ord. No. 17-2008 § 4-11.11]
Any license issued hereunder is issued upon the express understanding
that the license obtains no property right thereunder, nor any interest
in the continuation of said license. Even if a license is issued or
renewed, the issuance or the renewal of said license does not create
any permanent rights or vested interests and will not be deemed to
be or be construed to be any waiver or deviation in regard to any
land use ordinances or laws or zoning regulations in force when the
license was issued or renewed and subsequent thereto.
[Ord. No. 17-2008 § 4-11.12]
It is unlawful for any person to operate a temporary outdoor
seating area after the suspension or termination of the applicable
license.
[Ord. No. 17-2008 § 4-11.13]
Each licensee is responsible for keeping the area of the temporary
outdoor seating area and the adjacent walks and streets and sidewalk
free and clear of any debris or litter occasioned by the temporary
outdoor seating area. Temporary outdoor seating area must be cleaned
as needed and at the time that business is closed and at the beginning
of each business day, but not later than 7:00 a.m. Sidewalks must
be washed and kept free of all debris. All foreign substances shall
be removed from the sidewalk surface.
[Ord. No. 17-2008 § 4-11.14]
No vending machines of any kind are permitted on the exterior
of any building operating a temporary outdoor seating area.
[Ord. No. 17-2008 § 4-11.15]
No signs shall be permitted in the area of the temporary outdoor
seating area except for signs that are in strict compliance with the
applicable laws of the Borough of Roseland and any other governmental
entities having jurisdiction in such matters.
[Ord. No. 17-2008 § 4-11.16]
In addition to the powers of suspension or revocation as set
forth above, the Borough reserves the right to modify, suspend or
revoke any license on five (5) calendar days prior written notice
if the Borough determines that pedestrian traffic is, in fact, impeded
or made unsafe because of the operation of the temporary outdoor seating
area or because of any other safety issue which the Borough determines
adversely affects the Borough because of such operation. The license
may also be suspended or revoked on ten (10) calendar days written
notice, in the event that the Borough determines that it is necessary
to utilize the area or any part thereof for the maintenance or installation
of underground utilities. In the event of an emergency, which emergency
is certified by the Borough Administrator or Chief of Police of the
Borough, the license may be suspended or revoked without notice.
[Ord. No. 17-2008 § 4-11.17]
No alcoholic beverages, as defined by the Alcoholic Beverage
Control Law and any other applicable laws may be served or consumed
in the temporary outdoor seating area unless and until the licensee
obtains the required approvals under and pursuant to such laws, to
permit the serving of such beverages in the temporary outdoor seating
area.
[Ord. No. 17-2008 § 4-11.18]
Temporary outdoor seating areas shall be permitted to operate
on any day during the period of the calendar year April 1 through
October 31 for which the license is issued (the "license period").
The license, when issued, shall be valid for the license period and
will terminate on October 31 of the license period.
[Ord. No. 17-2008 § 4-11.19;
amended 7-27-2021 by Ord. No. 22-2021]
No tables, chairs, benches or other equipment used in the temporary
outdoor seating area shall be attached, chained or in any manner affixed
to any tree, post, sign, curb or sidewalk or property of the Borough
of Roseland within or near the licensed area.
[Ord. No. 17-2008 § 4-11.20]
The licensee agrees at the end of the license period, or in
the event that the license is temporarily or permanently suspended
or revoked, that the licensee will at his own cost and expense vacate
the sidewalk space and promptly remove any property placed thereon.
Failure to do so on five (5) calendar days prior written notice shall
grant to the Borough the right to remove any property on the sidewalk,
and the licensee agrees to reimburse the Borough for the cost of removing
and storing the same.
[Ord. No. 17-2008 § 4-11.21;
amended 7-27-2021 by Ord. No. 22-2021]
The licensee shall not direct or permit to be directed to or
from the area occupied by the temporary outdoor seating area any bell,
chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device after 10:00 p.m. Live music within
the temporary outdoor seating area shall be permitted until 10:00
p.m.
[Ord. No. 17-2008 § 4-11.22;
amended 7-27-2021 by Ord. No. 22-2021]
No temporary outdoor seating area shall be open for business
prior to 7:00 a.m. nor remain open for business after 11:00 p.m. ("permitted
hours of operation"). All persons occupying the temporary outdoor
seating area must vacate the same no later than 11:00 p.m.
[Ord. No. 17-2008 § 4-11.23]
No food or drinks served or consumed at the temporary outdoor
seating area located either on public or private property shall be
prepared or stored other than in the interior of the eating establishment.
[Ord. No. 17-2008 § 4-11.24]
The Borough shall issue a permit certificate upon payment in
full of the appropriate annual fee and compliance by the applicant
of the prerequisites set forth in this section. The licensee is required
to display the permit certificate prominently in the front window,
facing towards the sidewalk of the eating establishment. Failure to
properly display the requisite permit certificate shall result in
suspension or termination of the license by order of the Borough Administrator.
[Ord. No. 17-2008 § 4-11.25]
a.
Land Use Laws. Except as specifically provided for in this section
or except as otherwise specifically provided for in the Revised General
Ordinances of the Borough, the outdoor seating for food or beverage
is not permitted and is not provided unless specific site plan approval
includes such seating has been granted by the Borough's Planning Board
or Zoning Board of Adjustment after proper notice and hearing in accordance
with applicable laws.
b.
Force and Effect. Except as specifically hereby amended, revised
and supplemented, the Revised General Ordinances of the Borough remain
in full force and effect.
[Added 7-27-2021 by Ord. No. 22-2021]
The Borough Clerk shall be responsible for licensing. This Chapter
shall otherwise be enforced by the Borough’s Code Enforcement
Officer or his/her designee, the Roseland Police Department and the
Health Officer, as to the Health Code.
[Added 3-19-2019 by Ord.
No. 03-2019]
In addition to the Health Department license required by § 4-9.1 above, and § BH:8-5 of the "Revised General Ordinances of the Board of Health of the Borough of Roseland," a separate vending machine license shall be required from the Borough Clerk to operate a food and/or beverage vending machine on Borough-owned property.
[Added 3-19-2019 by Ord.
No. 03-2019; amended 4-26-2022 by Ord. No. 03-2022]
In addition to the Health Department license fee required by § 4-9.3d above and § BH:8-10a4 of the "Revised General Ordinances of the Board of Health of the Borough of Roseland," a separate vending machine license fee of $250 shall be required for each vending machine on Borough-owned property.
a.
Due Date.
Vending machine license fees are due on or before January 31st of
the license year.
[Added 2-21-2023 by Ord.
No. 01-2023]
It is the purpose of this section to comply with the requirements
imposed upon the Borough by P.L. 2022, c. 92, which provides for the
annual registration of Certificates of Insurance by business owners
and the owners of rental units located in the Borough.
[Added 2-21-2023 by Ord.
No. 01-2023]
The following words and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person offering and/or engaged in buying, selling, storing
and/or transferring merchandise, goods, real property, personal property,
moneys, services and/or other items who do so for a fee, price, retainer,
commission, percentage and/or other means of compensation for the
purpose, stated or otherwise, of realizing a profit or other gain.
The certificate of insurance form submitted by each Business.
The certificate issued by the Borough Clerk indicating compliance
with the registration requirements of P.L. 2022, c. 92.
The Borough of Roseland.
[Added 2-21-2023 by Ord.
No. 01-2023]
a.
As required by the aforesaid statute and except as provided in paragraph
b of this subsection, the owner of a business or the owner of a rental
unit or units shall maintain liability insurance for negligent acts
and omissions in an amount of not less than five hundred thousand
($500,000.00) dollars for combined property damage and bodily injury
to or death of one or more persons in any one accident or occurrence.
b.
The owner of a multifamily home which contains four or fewer units,
one of which is owner-occupied, shall maintain liability insurance
for negligent acts and omissions in an amount of not less than three
hundred thousand ($300,000.00) dollars for combined property damage
and bodily injury to or death of one or more persons in any one accident
or occurrence.
[Added 2-21-2023 by Ord.
No. 01-2023]
The owner of a business, the owner of a rental unit or units,
and the owner of a multi-family home of four or fewer units, one of
which is owner occupied, shall register annually by filing a copy
of a Certificate of Insurance with the Borough Clerk, demonstrating
compliance with P.L. 2022, c. 92.
a.
The copy of the Certificate of Insurance shall be filed with the
Borough Clerk no later than thirty (30) days after the issuance or
renewal of the policy or policies of insurance required to be maintained
by said owner.
b.
Upon filing of a Certificate of Insurance, the Borough Clerk shall
issue a Certificate of Registration to the owner stating the amount
of coverage and the policy period of the insurance policy or policies
evidenced by the Certificate of Insurance.
c.
The Borough Clerk shall issue a Certificate of Registration to each
owner who files a Certificate of Insurance demonstrating compliance
with P.L. 2022, c. 92. and the required registration fee. A new Certificate
of Registration shall be required annually for each calendar year.
[Added 2-21-2023 by Ord.
No. 01-2023]
a.
In the event that two (2) or more businesses occupy the same location,
the owner of each business shall be required to submit a Certificate
of Insurance for each such business.
b.
In the event that the same owner conducts business at two (2) or
more locations within the municipality, a separate Certificate of
Insurance shall be required for each location.
[Added 2-21-2023 by Ord.
No. 01-2023]
Issuance of a Certificate of Registration certificate by the
Borough Clerk does not evidence compliance with other applicable rules,
regulations, ordinances and statutes of the municipality, county and
State of New Jersey, or other regulatory agencies having jurisdiction
over the activities of the certificate holder.
[Added 2-21-2023 by Ord.
No. 01-2023]
The registration fee to be paid prior to issuance of each Certificate
of Registration by the Borough Clerk shall be the sum of fifty ($50.00)
dollars.
[Added 2-21-2023 by Ord.
No. 01-2023]
Pursuant to N.J.S.A. 40A:10A-2.b., the governing body of the
Borough of Roseland may collect, through a summary proceeding pursuant
to the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C. 2A:58-10
et seq.), a fine of not less than five hundred ($500.00) dollars but
no more than five thousand ($5,000.00) dollars against an owner who
has failed to comply with the provisions of P.L. 2022, c. 92.:
a.
Failure of the owner of a business, the owner of a rental unit or
units, and the owner of a multi-family home of four or fewer units,
one of which is owner occupied, to register annually by filing a copy
of a Certificate of Insurance with the Borough Clerk
[Added 11-22-2022 by Ord.
No. 17-2022]
For the purpose of this section, the following terms, words
and phrases shall be interpreted as follows:
Shall mean a neighborhood gathering, or organized party,
of persons who reside on the portion of a residential street sought
to be closed for said gathering or party.
Includes the block party contact person, the applicant of the permit, the persons indicated within subsection 4-14.3c5 and participants.
[Added 11-22-2022 by Ord.
No. 17-2022]
No person or organization shall use any public street, sidewalk
or public right-of-way for a block party in the Borough without a
permit.
[Added 11-22-2022 by Ord.
No. 17-2022]
a.
A person seeking issuance of a block party permit shall file an application
with the Borough Clerk on forms provided by the Borough Clerk.
b.
Filing Period. An application for a block party permit shall be filed
with the Borough Clerk not less than thirty (30) days before the date
on which it is proposed to conduct the block party.
c.
Contents of Application for a Block Party Permit. The application
for a block party permit shall set forth the following information:
1.
The name, address and telephone numbers (home phone number, work
phone number and another supplemental number, such as a cell phone
number) of the person requesting the block party permit. The person
requesting the permit shall be deemed the contact person unless otherwise
specified to the Borough Clerk.
2.
The proposed date and time of the block party, including the times
at which such block party will start and terminate, said termination
being no later than 10:00 p.m.
3.
The Borough street where the block party is proposed, along with
any cross streets.
4.
The names, addresses, and signatures of the property owners for each
impacted property on the street or portion of the street where the
block party is proposed.
(a)
The application must be endorsed by signatures of the owner/occupant
of a minimum of seventy-five percent (75%) of all impacted properties
on the street or portion of the street where the block party is proposed.
5.
Signatures of all of the property owners identified in subsection 4-14.3c4, said signatures indicating consent to the proposed block party, consent to the proposed street closure, and acknowledgment that all residents shall adhere to all applicable laws, regulations and ordinances, including, but not limited to, noise ordinances, fireworks regulations, and ordinances prohibiting public consumption of alcoholic beverages.
6.
List of any special activities planned for said block party, including,
but not limited to dunk tanks, inflatable jumps, stages, and vehicles/trailers
which will be parked or placed in the public street, sidewalk or public
right-of-way.
7.
Upon submission of an application for a block party, the Borough
Clerk shall request a certified list of property owners from the Tax
Assessor for the area of the proposed block party. Said list shall
be kept on file with the application.
[Added 11-22-2022 by Ord.
No. 17-2022; amended 10-17-2023 by Ord. No. 25-2023]
a.
Approval of the Chief of Police/Police Director.
1.
The Borough Clerk shall notify the Chief of Police/Police Director
of the block party application and request that the proposed area
for the block party be inspected using the following criteria:
(a)
The conduct and location of the block party will not substantially
interrupt or impede the safe and orderly movement of traffic.
(b)
The conduct of the block party will not be likely to result
in damage to persons or property nor cause serious harm to the public.
(c)
The conduct of the block party will not interfere with the movement
of first aid or firefighting equipment to such an extent that adequate
fire protection cannot be provided to the Borough.
(d)
Such other concerns deemed necessary in order to properly provide
for traffic control, street and property maintenance and the protection
of the public health, safety and welfare.
2.
If the Chief of Police/Police Director determines that the criteria
of this section are satisfied, he or she shall sign the application,
indicating whether said application is approved and any special conditions
required.
(a)
The Chief of Police/Police Director may refuse to approve a
permit application whenever he/she determines, on the basis of objective
facts and after review of the application and reports from the Police
Department, Fire Department, Building Department, Public Works Department,
Health Department, Recreation Department and other Borough agencies
involved, that the event, the location and/or time set forth in the
application would violate any law or ordinance, unreasonably interfere
with use and enjoyment of neighboring properties, unreasonably impede
the free flow of vehicular or pedestrian traffic or otherwise adversely
affect the public's health, safety or welfare.
(b)
If conditions warrant, the Police Chief/Police Director may require that off-duty officer(s) be hired as a condition of issuance of a Block Party Permit. If so conditioned, the applicant must agree to said condition and must make payment for said services in accordance with the provisions of Section 2-24.10 of the Revised General Ordinances of the Borough of Roseland prior to issuance of the Block Party Permit.
b.
Closing of Streets.
1.
The Borough Clerk shall forward a block party application to the
Borough Administrator, who will then forward to the Mayor and Council,
for a determination as to the closing of streets. A block party permit
shall be subject to the provisions and procedures provided herein
for the closing of municipal streets. Any permit issued shall be contingent
upon the Council voting in favor of closing the street or streets
which are the subject of the block party application, to be determined
in accordance with this section.
2.
Pursuant to N.J.S.A. 40:67-16.9, after a determination by the Mayor
and Council, the governing body, if in agreement, may authorize the
Borough Administrator to provide for the closing of any Borough-owned
street, or portion thereof, to motor vehicle traffic on any day or
days, or during specified hours on any day or days, whenever he/she
finds that such closing is necessary for the preservation of the public
safety, health or welfare, in accordance with the requirements provided
for herein:
(a)
The portion of the street proposed to be closed is one-fourth
(1/4) mile or less in length and intersected by no more than two (2)
other streets.
(b)
The speed limit on the section of the street is twenty-five
(25) miles per hour or less.
(c)
The street has no more than two (2) lanes.
(d)
The street does not have an active bus stop.
(e)
The street must be reopened by 10:00 p.m.
(f)
Proper warning signs of such closing of any street, or portion
thereof, must be posted during the time same is closed.
(g)
Prior to the issuance of any block party permit, the purpose
of the block party must be approved and authorized by the Mayor and
Borough Council. The purpose for a block party shall be reserved for
gatherings that involve a reasonable number of residents on the street
or area where the block party is taking place and/or where the main
purpose for the gathering is for local neighborhood residents to congregate
together in their own neighborhood.
(h)
The Mayor and Council shall reserve the right to waive any of
the above conditions, for any reason.
c.
Insurance and Indemnity.
1.
All applicants must provide a certificate of insurance specifically
naming the Borough of Roseland as an additional insured providing
general liability, bodily injury and property damage coverage with
minimum limits of liability not less than one million dollars ($1,000,000.00).
2.
The applicant shall agree to indemnify, defend and hold harmless
the Borough, its agents, servants, representatives and employees,
from and against all losses, damages, claims, liabilities and causes
of action of every kind, or character and nature, as well as costs
and fees, including reasonable attorneys' fees connected therewith,
and the expense of investigation thereof, based upon or arising out
of damages or injuries to third persons or their property caused by
the acts, omissions or negligence of the applicant, anyone for whose
acts the applicant may be liable, or any claims arising out of or
in any manner relating to the activities permitted pursuant to this
section to the extent permitted by law. The applicant shall give the
Borough prompt and reasonable notice of any such claims or actions.
d.
Other Requirements.
1.
No block party permit shall be issued if, within the last calendar
year prior to the date of the proposed block party, a block party
permit has been issued for the same street or portion of the street
which is the subject of the currently proposed block party.
2.
No block party permit shall be issued if a block party permit has
been previously issued for the same street or portion of the street
which is the subject of the currently proposed block party, and said
previously issued permit was revoked by the Borough due to violations
of this section or of any applicable ordinances, laws or regulations.
3.
Block parties shall be authorized only upon Borough-owned streets,
and shall not be authorized upon any street which is owned and under
the jurisdiction of Essex County, the State of New Jersey, or any
public entity other than the Borough of Roseland.
[Added 11-22-2022 by Ord.
No. 17-2022]
If all the requirements of this section for the issuance of
a block party permit have been met satisfactorily, the Borough Clerk
shall issue a permit for a block party, subject to any conditions
determined by the Borough Administrator to be reasonably calculated
to reduce or minimize dangers and hazards to vehicular or pedestrian
traffic and the public health, safety and welfare, including, but
not limited to, changes in time, duration or number of participants.
Upon issuance of a block party permit, the Borough Clerk shall forward
a copy of said permit to the Borough Administrator, the Chief of Police,
the Fire Chief, the Roseland First Aid Squad Coordinator, and the
Superintendent of the Department of Public Works.
[Added 11-22-2022 by Ord.
No. 17-2022]
In addition to any duties of the permittee(s) which are a condition
of the block party permit as issued and any other obligations of the
permittee(s) delineated otherwise in this section, all permittees
shall:
a.
Comply with all applicable laws and ordinances.
b.
Be responsible for cleanup of any items, trash and garbage from the
street which is the subject of the permit.
c.
Require that the block party contact person or other person heading
or leading such activity shall carry the block party permit upon his
or her person during the conduct of the parade or block party.
d.
Assure that any vendors utilized during the block party are properly
licensed as required under any other ordinance or law.
[Added 11-22-2022 by Ord.
No. 17-2022]
The Borough shall have the authority to revoke a block party
permit issued hereunder upon the violation of any of the standards
for issuance as set forth in this section or in the event of circumstances
endangering public health, safety and welfare.
[Added 11-22-2022 by Ord.
No. 17-2022]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine of not more than one
thousand dollars ($1,000.00) by imprisonment for a term not to exceed
thirty (30) days and/or by a term of community service not to exceed
thirty (30) days. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
[Ord. No. 16-2003 § 4-16.1]
The purpose of this section is to provide standards and regulations
for various types of local alarms, intrusions, burglar, fire and other
emergency alarm devices whether by direct line, radio or telephone.
[Ord. No. 16-2003 § 4-16.2]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the Police, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing services by private source to other offices within or without the Borough, except, however, that any person having premises protected by an alarm device shall still be responsible for the registration thereof in accordance with subsection 4-15.7. Fire safety, carbon monoxide, smoke and car alarms are not intended to be covered by this section.
[Ord. No. 16-2003 § 4-16.3]
As used in this section:
shall mean any alarm device or combination of devices installed
for one (1) or more buildings.
shall mean any alarm device that emits an audible signal
from the premises that is designed to protect by attracting the attention
of persons outside the building or buildings.
shall mean any alarm service that a person enters into an
agreement with to monitor alarm signals at their premises and, as
a third party, reports to Police any and all alarm signals that are
received.
shall mean limited to a member of the Police Department of
the Borough.
shall mean that type of device using telephone lines transmitting
an alarm directly through the Police switchboard.
shall mean any alarm actuated by inadvertence, negligence
or unintentional act of some other than an intruder or by fire, and
shall include, as well, alarms caused by malfunctioning of the alarm
device or other relevant equipment, but shall not include alarms created
by malfunction of a central station service, telephone company switching
station and related alarm line problems.
shall mean any alarm or device not connected to a central
station service including alarms actuating audible devices, whether
located inside or outside of the structure.
shall mean any natural person, partnership, corporation,
association or any other legal entity.
shall mean any person owning a burglar alarm, fire alarm
or local alarm within the scope of this section. For the purpose of
this section, central station shall also be a registrant.
[Ord. No. 16-2003 § 4-16.4]
Any person who owns, operates, or maintains a dial alarm, central
station alarm or local alarm must file an application in writing to
the Chief of Police. The application shall contain at least the location
of the device, the name of the installer of the device, the type of
device, provisions relating to false alarms and testing procedures,
a list of persons to be contacted in the event of an alarm, and other
information as may be required by the Chief of Police.
[Former § 4-15.5 Fees was repealed 12-19-2023 by Ord. No.
35-2023. History includes Ord. No.
16-2003 § 4-16.4; Ord.
No. 13-2004.]
[Ord. No. 16-2003 § 4-16.4]
Owners of dial alarms, central station alarms and local alarms shall be governed by the false alarm procedures and penalty set forth in subsection 4-15.10.
[Ord. No. 16-2003 § 4-16.5]
The Borough shall be under no duty or obligation to any registrant
hereunder or to any central station. Any registration granted hereunder
shall be accepted upon the express condition that the registrant shall
indemnify and hold the Borough of Roseland harmless from and on account
of any and all damages arising out of the activities of the registrant
or its alarm contractor.
[Ord. No. 16-2003 § 4-16.6a]
Dial Alarm Definition. Any alarm device which when activated
automatically or electronically selects a telephone line connected
to a central station or to Police headquarters reporting a pre-recorded
message requesting Police assistance.
a.
Dial alarms shall be coded to dial a separate number which can be
obtained from the Chief of Police or his agent. No dial alarm shall
be coded to dial the number of the general Police switchboard of the
Borough.
b.
Message must conform to approved format on application.
c.
Total length of message must not exceed fifteen (15) seconds.
d.
Message to be received by Police headquarters three (3) times, but
no more than three (3) times.
e.
This device must provide an automatic line seizure feature in the
event this line is busy with an incoming or outgoing call.
f.
Any person having a dial alarm device which dials the general Police
number, upon discovery thereof shall receive notice in writing from
the Chief of Police requiring the owner to comply with the terms of
this section, and if the owner fails to do so within thirty (30) days
of the receipt of the notice, he shall then be liable to pay the Borough
a penalty of fifty ($50.00) dollars.
g.
All components of such equipment must be maintained by the owner
in good repair and when evidence exists that there has been failure
to comply with the operational requirements of this section, the Chief
of Police or agent is then authorized to demand that such device be
disconnected until such time as compliance with current requirements
is re-established.
[Ord. No. 16-2003 § 4-16.6b]
All audible alarms shall be equipped with a time delay or battery
to limit the sounding of an alarm to fifteen (15) minutes or less.
[Ord. No. 16-2003 § 4-16.6; Ord. No. 13-2004]
In the case of a false alarm, any person having knowledge thereof
shall immediately notify the Police Department. In addition, in the
case of false alarms the Chief of Police shall cause an investigation
to be made and keep a record of the alarms on file. For such false
alarms, the following penalties shall be imposed:
a.
For the first and second false alarms in any given calendar year,
a warning shall be issued.
b.
For the third false alarm in the same calendar year, a fine of twenty-five
($25.00) dollars shall be paid to the Roseland Municipal Court.
c.
For the fourth false alarm in the same calendar year, a fine of fifty
($50.00) dollars shall be paid to the Roseland Municipal Court.
d.
For all subsequent false alarms in the same calendar year, a fine
of one hundred ($100.00) dollars for each occurrence shall be paid
to the Roseland Municipal Court.
In the event of the occurrence of three (3) false alarms in
a calendar year, the registrant shall, within five (5) days after
written notice to do so, submit a written report to the Chief of Police
setting forth the causes of the false alarms, the corrective action
taken, a statement as to whether the alarm system has been inspected
by an alarm service company and such other information as the Chief
of Police may reasonably require.
[Ord. No. 16-2003 § 4-16.6d;
New]
a.
Any person violating any of the provisions of this section, except subsection 4-15.10 governing repeated false alarms and penalties therefor, shall, for each offense, be subject to a fine of not more than one thousand two hundred fifty ($1,250.00) dollars in the discretion of the Judge of the Roseland Municipal Court. Each incident shall be considered a separate violation.
[Ord. No. 16-2003; § 4-16.6e]
Any unauthorized equipment may be disconnected by the Chief
of Police or his designated representative for noncompliance with
this section, and any person installing or maintaining unauthorized
equipment shall be prosecuted for violation of this section and each
and every day the equipment is in operation shall be considered a
separate violation. Any permit shall, by acceptance of the permit,
be deemed as having consented to inspection of the premises on which
the alarm devices are installed at a reasonable hour by the Chief
of Police or his designated representative.
[Ord. No. 16-2003 § 4-16.7]
The Chief of Police may from time to time promulgate written
rules and regulations supplementing this section in order to provide
for record keeping and efficient management of the system, provided
that the Borough Council shall first approve the rules or any changes
thereto by appropriate resolution.
[Ord. No. 5-2003 § 1]
The purpose of this section is to establish, pursuant to N.J.S.A.
40A:11-5(1)(u) a list of towing contractors to provide towing services
for the Borough of Roseland on a rotating basis and to establish,
pursuant to N.J.S.A. 40:48-2.49, regulations governing operators engaged
in the removal of motor vehicles.
[Ord. No. 5-2003 § 2]
As used in this section:
shall mean any automobile which is parked without the current
year's registration or license plates, as required by law, for a period
of more than forty-eight (48) hours or is positioned so as to constitute
an obstruction to traffic.
shall mean a private passenger automobile of a private passenger
or station wagon type that is owned or leased and is neither used
as a public or livery conveyance for passengers not rented to others
with a driver; and a motor vehicle with a pickup body, or delivery
sedan, a van, or a panel truck or a camper type vehicle used for recreational
purposes owned by an individual, not customarily used in the occupation,
profession or business of the owner(s).
shall mean the location where the towing contractor stations
its tow vehicle(s) when not in use.
shall mean the removal and transportation of an automobile
at the request or call of authorized personnel or members of the Police
Department as may be required when abandoned, disabled, damaged in
accidents, illegally parked, recovered after being stolen or in cases
of emergency, from a highway, street, or other public or private road,
or a parking area, or from a storage facility, and other services
normally incident thereto, but does not include recovery of an automobile
from a position beyond the right-of-way or berm, or from being impaled
upon any other object within the right-of-way or berm.
shall mean the Chief of the Police Department of the Borough
or his designee.
shall mean an occurrence in which a private passenger automobile
comes in contact with any other object for which the private passenger
automobile must be towed or removed for placement in a storage facility.
This includes all situations which are accidental to one (1) person
even if caused by the intentional acts of another.
shall mean all towing services which are not basic to towing
services or private passenger automobiles, as defined herein.
shall mean the maximum allowable amount of storage charges
to be charged per twenty-four (24) hour period or a fraction thereof.
Each new twenty-four (24) hour period begins at 12:01 a.m.
shall mean only those vehicles equipped with a boom or booms,
winches, slings, tiltbeds, wheel lifts, or under reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
shall mean a licensed individual or entity placed upon the
rotary list that performs towing services for the Borough.
[Ord. No. 5-2003 § 3]
a.
This section hereby establishes a list of towing contractors to provide
basic and non-basic towing services for the Borough of Roseland on
a rotating basis. The Police Department will maintain the rotary list
and determine the time period for each rotation. The list of tow contractors
shall be determined by and under the direct supervision of the Chief
of Police.
b.
A towing contractor shall be placed on the rotary list in the order
in which its application was approved. Each new towing contractor
shall initially be placed last on the list. No towing contractor may
be listed more than once and no contractor shall be permitted to lease
its tow vehicles to another licensed tow contractor in order to receive
multiple listings.
c.
Towing services must be provided on a twenty-four (24) hour, seven
(7) day per week basis. It is required that a tow vehicle be on the
site of the event within fifteen (15) minutes of the time of the call
from the Police Department. If a towing contractor is called and for
any reason does not or cannot perform the requested towing service,
the next towing contractor on the list will be called to perform the
towing service.
d.
If no towing contractor on the rotating list is able to perform towing
services when necessary, the Borough is entitled to have said service
performed by a towing contractor not contained on the rotating list.
e.
During adverse weather conditions or other emergency conditions,
all towing contractors on the rotating list shall give priority to
requests for towing services made by the Borough over requests made
by third parties.
[Ord. No. 5-2003 § 4A—D]
a.
An individual or entity seeking placement on the rotary list shall
be required to submit an application and receive the approval of the
Police Department before issuance of a towing contractor's license.
b.
All applicants are required to complete a form furnished by the Borough
Clerk, providing any and all information prescribed by the Chief of
Police.
c.
Each towing contractor must be able to demonstrate to the Borough
that he is thoroughly qualified and experienced in the towing and
removal of vehicles of all types, and that he has adequate facilities,
equipment, expertise, licensing, and personnel, to perform the services
required by these specifications in a manner satisfactory to Borough
of Roseland Police Department.
d.
The Borough of Roseland Police Department will conduct a background
check of the towing contractor, its officers, and employees, prior
to making a determination of placement on the towing list. Any persistent
violations and/or high incident of motor vehicle accidents in the
past ten (10) years may warrant a driver ineligible. A conviction
for a felony will be considered ample reason to disqualify any contractor
unless waived by the Borough upon application and for good cause.
[Ord. No. 5-2003 § 4E]
A license may be denied, suspended, or revoked upon any of the
following grounds:
a.
Submitting a fraudulent or misleading application.
b.
A criminal conviction of the towing operator or a named principal
of the towing operator.
c.
Failure to respond reliably and promptly to calls for assistance
or any other unsatisfactory performance action which interferes with
the proper operation of the rotating system maintained by the Police
Department.
d.
Failure to utilize safe and adequate equipment as defined herein.
e.
Violations of motor vehicle laws and/or municipal ordinances.
f.
Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate municipal official.
g.
Violations of the zoning ordinance or any other applicable ordinances
or codes of the Borough of Roseland pertaining to the use or condition
of the premises used by the licensee in conducting the towing business.
h.
Violations of the provisions of this ordinance or any of its rules,
regulations, and policies promulgated hereto.
[Ord. No. 5-2003 § 4F]
Licenses shall be renewed annually from January 1 to December
31 of the succeeding year.
[Ord. No. 5-2003 § 4G; Ord. No. 13-2004; amended 12-19-2023 by Ord. No.
35-2023]
All applications shall be accompanied by a nonrefundable fee
of five hundred ($500.00) dollars for the initial fee. Thereafter
the renewal fee shall be five hundred ($500.00) dollars.
[Ord. No. 5-2003 § 5]
a.
When an application for a license is denied by the Borough of Roseland,
the applicant may request a hearing on said application by the service
of a notice requesting a hearing. The notice shall be served on the
Borough Clerk and at the next regularly scheduled meeting of the Governing
Body, a hearing date shall be set which shall be no less than seven
(7) days nor more than thirty (30) days from the date scheduled.
b.
Proceedings for the suspension or revocation of a license shall be
initiated by the service of a notice of charges proffered against
the licensee. The notice shall be served by the Chief of Police or
his/her designee, either personally or via certified mail, return
receipt requested, and shall contain a date, time and place for a
hearing to be held by the Governing Body of the Borough of Roseland.
The hearing shall be scheduled no less than seven (7) days nor more
than thirty (30) days after the notice of the proposed suspension
or revocation shall be served upon the licensee. The licensee shall
have the right to file an answer to the notice and to appear in person,
or be represented by counsel, and give testimony at the place and
time fixed for the hearing.
[Ord. No. 5-2003 § 6]
The Police Department in general and the Chief of Police in
particular shall enforce the provisions of this section as well as
rules and regulations adopted hereunder.
[Ord. No. 5-2003 § 6A]
a.
The contractor, at his own expense, shall prepare on three inch by
five (3 x 5) inch printed rate cards which will be provided to the
Police Department for distribution to vehicle owners at the scene
of an accident.
b.
The rate card shall provide information on claiming a vehicle, the
name of the business, its owner, tower's license number, as well as
the business location, telephone number and hours of operation for
the public. The card shall also state its rates for towing services,
and include all methods of acceptable payment.
c.
The rates applicable to towing services performed hereunder shall
be posted in a conspicuous place, visible to the public at the contractor's
place of business.
d.
The contractor shall, at his expense, prepare a printed bill for distribution to the customer, reflecting the fee to be paid in accordance with the rates stated on the printed card, unless otherwise approved by the Police Department. The bill shall also include the information set forth in subsection 4-16.11, Hours of Service, as well as a statement to the effect that all complaints shall be referred to the Police Department. The format of this form shall be approved by the Borough Administrator.
e.
The contractor shall accept from any owner, or his representative,
methods of payment in the form of cash, certified check, money order
and at least one (1) major credit card. The contractor is not obligated
to accept personal checks for payment.
[Ord. No. 5-2003 § 6B]
a.
Towing services must be provided on a twenty-four (24) hour, seven
(7) day per week basis. All wreckers must be equipped with a 2-way
radio to facilitate prompt response. It is required that a tow vehicle
be on the site of the event within fifteen (15) minutes of the time
of the call from the Police Department. The contractor shall provide
the Police Department a telephone number which will be manned at all
times to quickly dispatch tow vehicles.
b.
The contractor's normal hours of operation for the public shall be
from 8:00 a.m. to 5:00 p.m. Monday through Friday, and 12:00 noon
to 4:00 p.m. on Saturday.
[Ord. No. 5-2003 § 6C]
a.
The contractor shall employ a sufficient number of employees to comply
with the minimum operational requirements set forth herein.
b.
No person shall be employed by the contractor for towing hereunder
unless he has submitted to a background check and has been approved
by the Police Department.
c.
All drivers of the contractor shall be over the age of eighteen (18)
years and must have a valid, current, New Jersey State Driver's License
and shall be in good health and of good moral character.
d.
In order to keep information current, the contractor will be required
to submit a roster of drivers to the Police Department on a monthly
basis. No driver shall perform services hereunder unless previously
listed by the contractor and approved by the Police Department.
e.
Complaints of any kind, relative to service, overcharging, theft
of parts, damage to towed vehicles, discourteous treatment, and the
like, shall be referred to the Police Department for investigation.
f.
All employees of the contractor shall wear uniform clothing with
a name patch indicating the employee's first name and name of the
contractor's company. All employees shall be clean, neat, and make
a good appearance. All employees of the contractor will be required
to wear photo identification badges.
g.
The contractor agrees that the owners or officers of the contractor
shall be responsible, except as otherwise provided by law, for the
negligent acts of their employees while acting hereunder.
[Ord. No. 5-2003 § 6D]
No person owning or operating a tow vehicle shall:
a.
Stand at any public street, intersection, or any public property,
awaiting employment, without first obtaining the consent of a Police
Officer, or stand on any private property without first obtaining
the consent of the owner of the property.
b.
Seek employment by repeatedly and persistently driving his tow vehicle
in a short space in front of any disabled vehicle or by otherwise
interfering with the properly and orderly progress of traffic along
the public highways. The contractor shall wait until he receives official
notification from the Police Department of the Borough before commencing
operations.
c.
Permit or invite loitering within or near the tow vehicle.
d.
Solicit or attempt to divert prospective patrons of another tow vehicle.
e.
Solicit, demand, or receive from any person, any pay, commission
or emolument whatsoever, except the proper fee for transporting the
disabled vehicle in accordance with the schedule of service rates
listed in those specifications.
f.
Pay any gratuity, tip, or emolument to any third person not involved
in the accident or to any Police Officer, for information as to the
location of the accident, or for soliciting the employment of licensee's
services, nor give any gratuities, fees or other compensation or gifts
to any member of the Police Department or Borough employee.
g.
Act in an unprofessional manner, be discourteous or disrespectful
to members of the public as well as representatives of the Borough
of Roseland. While members of the public, especially those whose cars
may have been towed or impounded, may at times resort to strong language,
threats and unbecoming behavior toward the contractor, the contractor
is expected to exercise restraint and not to respond in kind, and
thereby reflect unfavorably on the Borough and/or the Police Department.
[Ord. No. 5-2003 § 6E]
a.
The contractor must provide with his application a detailed listing
of the equipment to be utilized while on the towing list. The listing
shall include the following information: type of vehicle, storage
location of vehicles and whether vehicle is owned or leased. All leased
and rented equipment must be permanently located at the contractor's
base of service at all times during the term of the contract. Each
piece of the equipment must meet the minimum standards set forth herein.
Equipment that cannot meet these minimum standards shall not be used
for the towing list. The contractor is solely responsible for the
safety, maintenance, and operation of each piece of equipment utilized.
While on the towing list, the contractor shall provide a minimum of
two (2) light duty wreckers, two (2) car carrier vehicles and one
(1) of those vehicles shall be equipped with four (4) wheel drive.
b.
The Police Department shall keep a register of the names of all those
owning or operating wreckers accepted on the towing list, together
with the license number, the description of such wreckers and the
date and complete record of inspections made of them by the Police
Department. This register shall be maintained by the contractor. All
operators being used on the tow list shall meet all of the licensing
requirements of the Borough.
c.
Definitions. As used in this subsection:
1.
Light duty shall mean a light duty wrecker which shall have a commercially
manufactured chassis certified by the manufacturer for light duty
towing. Each shall be equipped with a commercially manufactured lifting
apparatus with dual rear wheels, safety chains, proper safety lights,
rear flood lights and amber rotation emergency flashing lights.
2.
Car carrier shall mean a car carrier which shall have a commercially
manufactured chassis certified by the manufacturer. The vehicle shall
be equipped with a hydraulically-powered winch. The tilt bed or slide
back shall be hydraulically operated. The vehicle shall also be equipped
with tie-down chains, proper safety lights and amber rotation emergency
flashing lights.
d.
The towing contractor shall supply manufacturer's certification of
the lifting capacities of the devices of types of vehicles with application
submission. A certified testing laboratory test result is also acceptable
for rating lift capacity.
e.
Tow vehicles shall be equipped with 2-way radios for communications
with contractor's office facilities. These communications shall be
available twenty-four (24) hours a day.
f.
Tow vehicles shall be equipped at all times with safety vests for
operators, first aid kits, hand tools, lockout kits, flashlight, broom,
shovel, work gloves and receipts for services rendered. No additional
charge for use of this equipment is permitted.
g.
Tow vehicles shall be kept in a clean and neat appearance so as to
be reasonably accommodating to persons who may come in contact with
such vehicles.
h.
Tow vehicles shall have the name, address, and telephone number of
the contractor painted on or permanently attached to both sides of
the tow vehicle in compliance with Motor Vehicle and Traffic Laws
of New Jersey (Title 39 of the Revised Statutes).
i.
All tow vehicles shall be properly permitted by the State of New
Jersey for the use of flashing amber emergency lights. Permits shall
be in compliance with Motor Vehicle and Traffic Laws as referenced
above.
j.
All tow vehicles shall be registered in the name of the contractor
in compliance with Motor Vehicle and Traffic Laws as referenced above.
[Ord. No. 5-2003 § 7]
a.
The contractor shall record all vehicles towed in a book kept for
such purposes. The book shall contain the details of each disabled
vehicle towed, serviced or transported together with full information
of the towed vehicle and name and address of the owner and the charges
paid for his services. Full information of the towed vehicle shall
include, but not be limited to, the vehicle's license number, VIN
registration number, make, model, color and year. The record book
herein described shall be kept open for inspection at all times by
any duly authorized representative of the Borough. A monthly towing
record containing the information herein stated above shall be filed
with the Borough of Roseland Police Department and Office of the Borough
Clerk setting forth the details of all tows by vehicle type, date,
time of day, sector, and whether additional services were required.
Each incident shall be reported using the invoice number used for
billing. The form of these reports shall be approved by the Chief
of Police.
b.
The contractor shall maintain a record of all personal property in
a towed vehicle that he can observe in sight at the time the vehicle
comes into possession.
c.
Authorized representatives of the Borough shall have access to any
of the records required to be kept by the contractor.
d.
There shall be a consecutive, sequential control number assigned
by the Police Department to be used in every instance by the Borough
and the contractors. All forms, communications, etc. shall use this
control number.
[Ord. No. 5-2003 § 8]
a.
The Chief of Police is hereby authorized and empowered to establish
from time to time written policies and procedures as may be reasonable
and necessary to obtain compliance with the terms of this section
and the laws of the State of New Jersey. All written policies promulgated
by the Chief of Police shall be approved by resolution of the Borough
Council.
b.
All regulations, policies and procedures, as well as the tower's
rate cards, shall be made available for inspection by the public at
the Borough Clerk's office during normal business hours.
[Ord. No. 5-2003 § 9]
a.
Complaints by motor vehicle owners of price gouging or any other
objectionable practice by any tow contractor will be referred to the
Chief of Police who shall promptly investigate and resolve any disputes.
b.
Any disputes over the interpretation of this section, including the
reasonableness of any charges assessed, shall be settled amicably,
if possible, through negotiations between the contractor, the Police
Department and the Borough Administrator.
c.
In cases where the Borough has mistakenly directed that a vehicle
be towed or has acted on incorrect information supplied by official
sources, the contractor will be reimbursed by the Borough only for
the minimum applicable towing fee as stipulated herein.
[Ord. No. 5-2003 § 10]
a.
Tow contractors may not lease or rent equipment without the written
approval of the Borough. The equipment must comply with the minimum
requirements of these specifications and the contract to lease or
rent equipment must be at least for the duration of service with the
Borough. All leased and rented equipment must be permanently located
at the contractor's base of service at all times while the contractor
is on the tow list. Copies of all leases must be filed with the Borough
Clerk.
b.
The tow contractor may not subcontract his equipment or portions
of the work to other tow contractors.
[Ord. No. 5-2003 § 11;
amended 12-19-2023 by Ord. No. 35-2023]
a.
Fees for the towing and storage of private passenger vehicles, damaged
in an accident or recovered after being stolen, may not exceed the
fees established by the New Jersey Department of Insurance pursuant
to N.J.S.A. 17:33B-47.
b.
Pursuant to law, the fee schedules shall be reviewed by the New Jersey
Commissioner of Insurance on an annual basis and may be revised if
necessary. In the event the schedule below is revised by the Commissioner
of Insurance, the revised fees shall be the maximum fees that may
be charged by official towers and this ordinance shall be deemed amended
accordingly.
c.
Pursuant to N.J.S.A. 40:48-2.50, all fees to be paid to an operator
by the Borough for towing services shall not exceed the following:
3.
Basic flatbed rates. These rates will only apply on vehicles that
cannot be towed by any other means. Flatbed towing of a vehicle with
wheel lift does not qualify for flatbed rate. The owner/operator or
Police may demand flatbed towing for which the licensee may charge
the flatbed rate.
(a)
Flatbed rate: $125.00
4.
Motorized bicycles and motorcycles will be towed by a tow vehicle
designated by the licensee.
(a)
Motorized bicycle/motorcycle rate: $125.00
6.
Miscellaneous charges (per hour):
(a)
Winching, light duty/medium duty tows: $75.00
(b)
Cleanup: $60.00
(c)
Recovery (medium duty wrecker): 150.00
(d)
Recovery (heavy duty wrecker): $300.00
(e)
Additional manpower: $60.00
(f)
Level 3 recovery supervisor: $90.00
(g)
Emergency road service: $70.00
(Including, but not limited to jump starting, up to two gallons
of gasoline, and tire changing)
If emergency road service results in a tow, then the licensee
may not charge for road service.
(h)
Licensee may charge for additional fees based upon extraordinary
costs of materials and extraordinary recovery work.
7.
Storage rates (per calendar day, 2-axle vehicle):
(a)
Under 10,000 lbs. outside: $45.00
(b)
Under 10,000 lbs. inside: $50.00
(c)
Each additional axle: $20.00
(d)
Vehicles over 10,000 lbs., single-axle straight vehicle: $75.00
(e)
Vehicles over 10,000 lbs., tandem axle straight vehicle: $100.00
(f)
Vehicles over 10,000 lbs., tractor trailer combo: $100.00
(g)
Pursuant to N.J.S.A. 40:48-2.50, no operator may charge the
Borough:
(1)
More than three ($3.00) dollar per day for the first thirty
(30) days of storage per vehicle, and
(2)
More than two ($2.00) dollars per day for the 31st day of storage
and any day thereafter; and
(3)
More than four hundred ($400.00) dollars per vehicle stored
regardless of the duration of storage, except that a waiver may be
granted for good cause upon request of a municipality by the Division
of Local Government Services in the Department of Community Affairs.
8.
There shall be no additional charges, other than those provided in
the fee schedule, including, but not limited to, waiting time, additional
labor, and administrative fees.
9.
The above towing charges shall not apply when the operator of the
vehicle elects either a specific tower or to be towed to a destination
other than the licensed storage facility. In such cases, the towing
charges shall be mutually agreed upon between the operator of the
vehicle and the towing contractor.
[Ord. No. 5-2003 § 12]
This section is not intended to regulate or set fees for non-basic
towing services or the towing or storage of trucks and buses. Such
service, if requested, shall be billed at reasonable prevailing rates.
The towing contractor shall submit a list of fees in advance for non-basic
towing to the Chief of Police, who shall have the sole discretion
in determining reasonable prevailing rates.
[Ord. No. 5-2003 § 13]
a.
The towing fees set forth for basic towing service and those billed
for non-basic towing service are the amounts that the towing contractor
will charge to the vehicle owner or representative. Unless otherwise
provided herein, the Borough shall never be responsible for payment
of any towing charges, except for Borough-owned vehicles.
b.
In the event the Police Department requires a vehicle involved in
a crime or a fatal accident to be held for investigation, the Chief
of Police may, after review of all of the circumstances, waive storage
fees, or a portion thereof, incurred up to the date of release.
[Ord. No. 5-2003 § 14]
a.
Every official tower shall maintain an outside secured storage area
meeting the following requirements:
1.
The storage area shall be capable of storing a minimum of ten (10)
passenger vehicles and one (1) tractor and trailer. The area shall
have at least eight hundred (800) square feet of storage facilities
to hold and protect "police hold" vehicles.
2.
The location of the storage area shall be either within the limits
of the Borough or at such location outside of the Borough as to facilitate
reasonable towing distances.
3.
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six (6) feet with at least one (1) lockable gate
for ingress and egress and shall be lighted from dusk to dawn.
4.
The storage area shall be in an area legally zoned for such use.
5.
The storage facility shall be available twenty-four (24) hours a
day, three hundred sixty-five (365) days per year and shall be open
to the public on weekdays during normal business hours and for four
(4) hours on Saturdays. The applicant is not required to be open on
Sundays.
b.
The official tower shall have an employee on duty during all hours
in which the storage facility is open.
c.
The official tower shall not charge a release fee or other charge
for releasing vehicles to their owners after normal business hours
or on weekends.
d.
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
e.
The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this section. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while stored in the storage areas.
[Ord. No. 5-2003 § 15]
Towing contractors shall be required to purchase, maintain,
and provide during the time of service on the rotary list, proof of
insurance furnished by a reputable insurance company licensed to do
business in the State of New Jersey, containing the following coverages
with liability limits as set forth below:
a.
Garage Liability/Comprehensive General 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 personal injury; products liability (where
applicable), independent contractor and completed operation coverage.
b.
Garage Keepers Legal Liability insurance policy in an amount not
less than one hundred thousand ($100,000.00) dollars. Said policy
must include both Comprehensive and Collision, and an endorsement
to include "On Hook".
c.
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.
d.
Worker's Compensation insurance as required by law, including, but
not limited to statutory New Jersey Worker's Compensation Benefits,
and Employers Liability of at least one hundred thousand ($100,000.00)
dollars.
e.
Excess/Umbrella Liability. In the event that Garage Liability and/or
Automobile Liability cannot be purchased up to the required one million
($1,000,000.00) dollar limit, an Excess Liability or Umbrella Liability
policy must be purchased to effect a total liability limit of one
million ($1,000,000.00) dollars. Excess or Umbrella Liability policies
will not be required for Garage and Automobile policies that meet
or exceed the one million ($1,000,000.00) dollar minimum limit.
The Garage Liability and Automobile Liability policies shall
name the Borough of Roseland additional insured and certificate holder.
[Ord. No. 5-2003 § 16]
The contractor will execute an agreement to hold harmless, indemnify
and defend, at contractor's expense, the Borough, its employees and
officials from any and all claims, demands, suit or action for personal
injury or property damage brought against the Borough, its employees
and officials for any activities which may arise out of any services
performed under this section.
[Added 11-23-2021 by Ord.
No. 29-2021]
As used in this section, the following terms shall have the
meanings indicated:
The taking of still or motion pictures either on film or
videotape or similar recording medium, for commercial or educational
purposes intended for viewing on television, in theaters or for institutional
uses. The provisions of this section shall not be deemed to include
the "filming" of news stories within the Borough of Roseland.
Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to the following:
Universal Pictures.
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel-Aire.
Paramount, including MTV Films and Nickelodeon Movie.
20th Century Fox, including Fox Searchlight.
Sony/Columbia.
Disney/Miramax.
MGMUnited Artists.
DreamWorks.
Any film for which the budget is at least five million dollars
($5,000,000.00).
Recurrent weekly television series programming.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the Borough which
is within the jurisdiction and control of the Borough of Roseland.
[Added 11-23-2021 by Ord.
No. 29-2021]
a.
No person or organization shall film or permit filming on public or private land within the Borough of Roseland without first having obtained a permit from the office of the Municipal Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than three (3) consecutive days in any one location and in no event shall filming at one location within the Borough exceed a total of six (6) days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested constitutes a major motion picture as defined by § 4-17.1. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
b.
All permits shall be applied for and obtained from the office of the Municipal Clerk during normal business hours. Applications for such permits shall be in a form approved by the Municipal Clerk and be accompanied by a permit fee in the amount established by § 4-17.12 herein.
c.
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Municipal Clerk may, at the request of the applicant, issue a
new permit for filming on other dates subject to full compliance with
all other provisions of this chapter. No additional fee shall be paid
for this permit.
[Added 11-23-2021 by Ord.
No. 29-2021]
a.
No permits will be issued by the Municipal Clerk unless applied for
prior to five (5) days before the requested shooting date; provided,
however, that the Borough Administrator may waive the five-day period
if, in her judgment, the applicant has obtained all related approvals
and adjacent property owners or tenants do not need to be notified.
b.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough with satisfactory proof of the
following:
1.
Proof of insurance coverage as follows:
(a)
For bodily injury to any one person in the amount of five hundred
thousand dollars ($500,000.00) and any occurrence in the aggregate
amount of one million dollars ($1,000,000.00).
(b)
For property damage for each occurrence in the aggregate amount
of three hundred thousand dollars ($300,000.00).
2.
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the Borough of Roseland from any and all liability,
expense, claim or damages resulting from the use of public lands.
3.
The posting of cash of five hundred dollars ($500.00) or a maintenance
bond of five hundred dollars ($500.00) running in favor of the Borough
and protecting and ensuring that the location utilized will be left
after filming, in a satisfactory condition, free of debris, rubbish
and equipment, and that due observance of all Borough ordinances,
laws and regulations will be followed. Within twenty-one (21) days
of the completion of the filming, the Borough will return the bond
if there has been no damage to public property or public expense caused
by the filming.
4.
The hiring of an off-duty Roseland police officer for the times indicated
on the permit.
c.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Roseland Police Department with respect thereto.
[Added 11-23-2021 by Ord.
No. 29-2021]
a.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets.
b.
The holder shall avoid any interference with previously scheduled
activities upon public lands and limit, to the extent possible, any
interference with normal public activity on such public lands. Where
the applicant's production activity, by reason of location or otherwise,
will directly involve and/or affect any businesses, merchants or residents,
these parties shall be given written notice of the filming at least
three (3) days prior to the requested shooting date and be informed
that objections may be filed with the Municipal Clerk, said objections
to form a part of applicant's application and be considered in the
review of the same. Proof of service of notification to adjacent owners
shall be submitted to the Municipal Clerk within two (2) days of the
requested shooting date.
[Added 11-23-2021 by Ord.
No. 29-2021]
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m., provided that all requests for night scenes shall be approved in the permit to be granted in accordance with § 4-17.8 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
[Added 11-23-2021 by Ord.
No. 29-2021]
a.
The Borough Administrator may refuse to issue a permit whenever he
determines, on the basis of objective facts and after a review of
the application and a report thereon by the Police Department and
by other Borough agencies involved with the proposed filming site,
that filming at the location and/or the time set forth in the application
would violate any law or ordinance or would unreasonably interfere
with the use and enjoyment of adjoining properties, unreasonably impede
the free flow of vehicular or pedestrian traffic or otherwise endanger
the public's health, safety or welfare.
b.
Further, the Borough reserves the right to require one (1) or more
on-site patrolmen in situations where the proposed production may
impede the proper flow of traffic, the cost of said patrolman to be
borne by the applicant as a cost of production. Where existing electrical
power lines are to be utilized by the production, an on-site licensed
electrician may be similarly required if the production company does
not have a licensed electrician on staff.
[Added 11-23-2021 by Ord.
No. 29-2021]
a.
Any person aggrieved by a decision of the Borough Administrator denying or revoking a permit or a person requesting relief pursuant to § 4-17.8 may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Administrator.
b.
An appeal from the decision of the Borough Administrator shall be filed within ten (10) days of the Administrator's decision. The Borough Council shall set the matter down for a hearing within thirty (30) days of the day on which the notice of appeal was filed. The decision of the Borough Council shall be in the form of a resolution supporting the decision of the Borough Administrator at the first regularly scheduled public meeting of the Borough Council after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Borough Administrator shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to § 4-17.8 shall be deemed denied.
[Added 11-23-2021 by Ord.
No. 29-2021]
The Borough Administrator may authorize filming other than during
the hours herein described. In determining whether to allow an extension
of hours under this section, the Borough Administrator shall consider
the following factors:
a.
Traffic congestion at the location caused by vehicles to be parked
on the public street.
b.
Applicant's ability to remove film-related vehicles off the public
streets.
c.
When the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming.
d.
Nature of the film shoot itself; e.g., indoors or outdoors; day or
night; on public or private lands.
e.
Prior experience of the film company/applicant with Borough, if any.
f.
Consultation with the Council member wherein the filming is to take
place.
[Added 11-23-2021 by Ord.
No. 29-2021]
Copies of the approved permit will be sent to the Police and
Fire Departments before filming takes place and to the New Jersey
Film Commission. The applicant shall permit the Fire Prevention Bureau
or other Borough inspectors to inspect the site and the equipment
to be used. The applicant shall comply with all safety instruction
issued by the Roseland Fire Department or other Borough inspectors.
[Added 11-23-2021 by Ord.
No. 29-2021]
In addition to any other fees or costs mentioned in this section,
the applicant shall reimburse the Borough for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the Borough was prevented from earning because of filming.
[Added 11-23-2021 by Ord.
No. 29-2021]
a.
When filming is requested with respect to a major motion picture, the approved location of such filming and approved duration of such filming by specific reference to day or dates may exceed three (3) consecutive days and/or may exceed six (6) days in duration if approved by the Borough Administrator in his or her discretion following a favorable review of the factors set forth in § 4-17.8 herein.
[Added 11-23-2021 by Ord.
No. 29-2021]
The schedule of fees for the issuance of permits authorized
by this section are as follows:
a.
Basic filming permit: one hundred fifty dollars ($150.00). Where an applicant requests a waiver of the provision of § 4-17.3(a) requiring expedited processing of a permit application within twenty-four (24) hours of the filming date, the basic filming permit fee for processing the application on an expedited basis shall be five hundred dollars ($500.00).
b.
Daily filming fee payable in addition to the basic filming permit:
six hundred dollars ($600.00) per day.
c.
Daily filming fee payable for major motion picture in addition to
the basic filming permit: one thousand five hundred dollars ($1,500.00)
per day.
d.
Filming permit for 501(c)(3) nonprofit organizations or filming by
a student for educational purposes (no daily rate required): twenty-five
dollars ($25.00).
[Added 11-23-2021 by Ord.
No. 29-2021]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding two thousand
dollars ($2,000.00), imprisonment in the county/municipal jail for
a term not exceeding ninety (90) days, or a period of community service
not exceeding ninety (90) days, or any combination thereof as determined
by the Municipal Court Judge. Each day on which a violation of this
section exists shall be considered a separate and distinct violation
and shall be subject to imposition of a separate penalty for each
day of the violation as the Municipal Court Judge may determine.
