Township of Roxbury, NJ General Licensing

The form on which application shall be made for an auctioneer's license shall require the following information:

Name of the applicant.

Residence and business address of the applicant.

The length of time for which an auctioneer's license is desired.

The character of the property, goods, wares or merchandise which the applicant will sell at auction.

The name or names of the owner or owners of the premises upon which the auctions will take place, including the lot or contiguous lots upon which separate and distinguishable commercial activities will take place with such auctions.

A brief description of all physical improvements contemplated or now existing on such lot or contiguous lots as described in paragraph e., including buildings and other structures, parking areas, exits and entrances, sanitary facilities, signs, outdoor lighting, and other businesses, concessions and departments to be operated, and the location of same within the existing or proposed buildings.

A statement of the property interest such applicant has in such lot or contiguous lots as set forth in paragraph e.

A statement as to whether the applicant holds or has held an auctioneer's license from any State, municipality,' governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any such authority has ever refused to issue or to renew an auctioneer's license to the applicant, together with a brief statement as to the reasons for any such refusal; a statement as to whether any such authority has ever revoked an auctioneer's license held by the applicant, together with a brief statement as to the reasons for any such revocation. The term "auctioneer's license," as used above, shall be held to include in its meaning any special permits or permit to conduct an auction.

A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance, and, if so, the nature of the offense.

A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.

The names of at least two reliable property owners of the County of Morris, State of New Jersey, who will certify as to the applicant's good moral character and business responsibility, or in lieu of the names of references, any other available evidence as to the good moral character and business responsibility of the applicant. This requirement need only be met on the first application.

The fee for an auctioneer's license shall be as set forth in Chapter XXIV, subsection 24-4.1.

Every applicant for an auctioneer's license shall file with the licensing officer a surety bond running to the Township of Roxbury in an amount to be determined by the licensing officer, not to exceed the amount of three thousand ($3,000.00) dollars, provided by surety approved by the Commissioner of Banking and Insurance under the statutes of the State of New Jersey, such bond conditioned so that the applicant, if issued an auctioneer's license, will comply fully with all provisions of the ordinances of the township and the Statutes of the State of New Jersey concerning auctions and auctioneers, will not practice any fraud or deceit upon bidders or purchasers of property from him at any auction sale or suffer or permit any person in his employ to practice any such fraud or deceit, and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence, or other wrongful act on the part of the licensee, his agent or employees, in the conduct of any auction or in the exercise of the calling of auctioneers. In lieu of such bond, the applicant may deposit the equivalent amount in cash with the township treasurer, such deposit to be held in a separate account by said treasurer, such account conditioned on the same provisions included under surety bonds.

No meats, groceries or provisions, dry goods or merchandise or goods and chattels shall be sold on the same premises wherein auctions or auctioneering is being conducted except in compliance with the provisions of this section in the same manner as required for auctions and auctioneers, including all separate and distinguishable businesses, concessions and departments. Any person intending to or engaging in any such sales separate and apart from auctions or auctioneering shall procure a license in the same manner and subject to the regulations and restrictions as provided in this section for auctioneers, except that the fees for same, for revenue, inspection and regulation, shall be as follows:

For the period of six months to one year, one hundred ($100.00) dollars.

For the period of less than six months but more than one month, fifty ($50.00) dollars.

For the period of less than one month, twenty-five ($25.00) dollars plus five ($5.00) dollars per day of planned operation.

The provisions of this section shall not affect the requirements of other municipal ordinances.

Special permits for auction sales may be issued by the licensing officer, after approval by the township committee, to trustees or referees in bankruptcy, executors, administrators, receivers, or other public officers acting under judicial process and to charitable groups or organizations for the purpose of conducting such sales for charitable purposes. Also, such permits may be issued in the same manner to bona fide residents of the township or to businessmen or merchants conducting their business or mercantile activities within the township in order to close out personal property and merchandise.

Upon the issuance of such special permit, the licensee may employ a professional auctioneer to conduct such sale; provided, however, that such special permits may not be issued for a period of more than three days and shall be conducted in a manner not endangering the health, safety, convenience and welfare of the public. No fee or bond shall be required for such special permits.

Applicants for special permits shall comply with all other requirements of this section and any other applicable law.

Application for the license provided by this section shall be made to the licensing officer. All licenses and all renewal licenses shall be issued by the licensing officer.

In addition to any other power of revocation contained in this chapter, the township committee may, subject to the hearing requirement of this chapter, revoke any license or refuse to renew any license if it finds that:

The applicant or license-holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any property, goods, wares or merchandise in the township.

The applicant or license-holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction in the township.

The applicant or license-holder has violated any of the statutes of the State of New Jersey relating to auctions or auctioneers.

The applicant or license-holder has conducted his auctioneering activities or other business activities described in this section, or maintained the lot or contiguous lots upon which he is conducting or intends to conduct an auction, or other businesses including the area or areas which he has leased, sublet, rented or concessioned out to others for the conduct of business or is operating himself as a separate and distinguishable department from that constituting his auctioneering or any other business activities, in such a manner as to violate any of the ordinances of the township.

It shall be unlawful to conduct an auction sale of real or personal property, goods, wares or merchandise on any of the streets, sidewalks or public property of the township or except under the roof of and within the confines of a permanent building.

It shall be unlawful to offer for sale at auctions or sell at auction any gold, silver, plated ware, clocks, watches, diamonds or other precious or semi-precious stones or any imitations thereof, glassware, chinaware or jewelry or any article purporting to be or represented as any of the above-listed articles between the hours of 6: 00 p.m. and 8:00 a.m., or at any time after sunset or before sunrise.

It shall be unlawful to offer for sale at auction or sell at auction any real or personal property, goods, wares or merchandise on the first day of the week, otherwise designated as Sunday.

No mechanical sound reproducing device or any amplifying or public address system shall be used outside of the confines of the building or buildings within which such auctions and other commercial activities, as described in this section, take place for commercial purposes; provided, however, that such equipment may be used within the confines of such building or buildings if such devices are used in a manner not endangering the public health, safety, convenience and welfare and are used in such manner as will not produce disturbing noises.

The holder of an auctioneer's license, whether owner or tenant of the lot or contiguous lots upon which auctioneering and related commercial activities, as hereinbefore described, take place, is required to remove brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within ten days after notice to remove the same by the municipal authorities from such lot or contiguous lots, and upon failure to so remove shall become liable for whatever action is instituted by the township in conformity with N. J. S. A. 40:48-2. 13 and 2. 14 or any ordinance of the township, including this section.

As used in this section:

"Mechanical food vending machine" shall mean any automatic vending machine used for the storage or sale of food or drink and operated and controlled by the insertion of a coin or coins.

No mechanical food vending machine shall be maintained for operation within the township unless a license for such operation has been issued therefor by the township upon application and the payment of the required license fee. Application for such license shall be made to the licensing officer upon a form to be supplied by the licensing officer for that purpose. The application for license shall contain the following information:

Name and address of the applicant.

Location where the machine is to be maintained for operation.

Description of the machine to be covered by the license, including name of manufacturer and serial number, if any.

The name, address and telephone number of the person responsible for the operation, maintenance and servicing of the machine.

Every license issued pursuant to this section shall expire on the last day of December of the year during which the license is issued. Every applicant, before being granted a license, shall pay a license fee as set forth in Chapter XXIV, subsection 24-4.1.

Any license issued pursuant to this section may be transferred from one machine to another similar machine upon notification to the licensing officer to such effect providing a description of the new machine. Not more than one machine shall be operated under one license. A licensed machine may be transferred from one location to another within the township upon notification of the licensing officer to such effect reciting the new location at which the machine is to be maintained for operation. A license issued pursuant to this section shall be transferable from person to person upon application to the licensing officer by transferee.

No mechanical food vending machine shall be maintained for operation in the township unless it complies with each of the following requirements:

The machine shall meet all pertinent requirements and regulations of the township board of health and be approved upon any inspection made pursuant to such regulations.

If the food or drink dispensed by the machine is subject to spoilage, the machine shall be equipped with a refrigeration unit to maintain the contents at a temperature low enough to preserve the contents in a healthful condition at all times and shall also be equipped with an automatic device which will prevent the machine from dispensing any of its contents when the temperature thereof rises above such point.

If the food or drink dispensed by the machine is represented to be heated, the machine shall be equipped with a device to maintain the temperature at an appropriate degree and shall also be equipped with an automatic device which will prevent the machine from dispensing any of its contents when the temperature of the drink or food falls below such appropriate degree.

The machine shall be properly labeled so as to identify the kind, type and grade of product dispensed from any opening as well as the producer of each such product.

The machine shall contain on the front thereof and in a conspicuous place and manner the name, address and telephone number of the person who is responsible for the operation, maintenance and servicing of the machine.

Every license issued under this section is issued subject to the right to revoke the same should the holder of the license maintain any mechanical food vending machine contrary to the provisions of this section, any other township ordinance, or any law of the State of New Jersey. Any license may be revoked by the township committee after written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged, if after a hearing the licensee is found to be guilty of such violations. Ten days' notice of the hearing shall be given the licensee. At such hearing the licensee and his attorney may present and submit the evidence of witnesses in his defense.

The purpose of this section is to specifically restrict "casual sales" as heretofore mentioned in section 4-4 of the Revised General Ordinances of the Township of Roxbury to the type of sales which are commonly known as "garage sales."

"Flea Market Sales" as they are commonly known are hereinafter forbidden and shall not be deemed permitted under this section nor under any other existing section of the Code of the Township of Roxbury.

As used in this section:

"Casual sales" shall mean and include all sales entitled "garage sales," "lawn sales," "attic sales," "rummage sales" and "bazaars." Flea market sales are specifically prohibited. Nothing herein contained shall be deemed to prohibit the type of casual sale conducted by governmental or nonprofit agencies, which for the purpose of this section are deemed to fall within the category of a bazaar.

"Goods" shall mean and include any goods or other property capable of being the object of a sale regulated hereunder.

"Person" shall mean and include individuals, partnerships, voluntary associations, and corporations.

It shall be unlawful for any person to conduct any casual sale as defined in subsection 4-4.3 without first filing with the licensing official of the township the information hereinafter specified and obtaining from the licensing official a license to be known as "casual sale license." The fee for this license shall be as set forth in Chapter XXIV, subsection 24-4.1.

This license shall be issued to any one person or for any one premises only twice within a twelve month period and no such license shall be for more than two consecutive calendar days. In the case of a resident about to move from the township, one additional license may be issued provided the sale thereunder is held within 90 days of the scheduled moving date from the township.

Each license issued under this section shall be prominently displayed on the premises upon which the sale is conducted throughout the entire period of the licensed sale.

Application for license issued hereunder shall be made upon blank forms prepared by the licensing official and such forms shall be in triplicate. The original shall be retained by the licensing official, the duplicate copy shall be filed with the police department and the triplicate copy shall be approved by the licensing official and given to the applicant who shall display such copy on the premises where the sale is conducted for the entire time period of the sale.

The information to be filed with the licensing official pursuant to this section shall be as follows:

Name of person, firm, group, corporation, association, or organization conducting the sale.

Name of owner of property upon which the sale is to be conducted, and consent of owner if applicant is other than owner.

Location described by tax map block and lot number at which sale is to be conducted.

Number of days of sale (not to exceed two days).

Date and nature of any past sale.

Relationship or connection applicant may have had with any other person, firm, group, organization, association, or corporation conducting the sale and the date or dates of such sale.

Whether or not applicant has been issued any other vendor's license by any local, State or Federal agency.

Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.

All sales shall be conducted between the hours of 8:00 a.m. and 6:00 p.m. only.

The licensing official may refuse to issue a license for the date or dates of sale applied for by applicant and prescribe other dates where the dates of sale applied for by applicant would, in the judgment of the licensing official, create traffic problems because of other sales previously approved in the vicinity where applicant intends to conduct the sale.

The provisions of this section shall not apply to or affect the following persons or sales:

Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

Persons acting in accordance with their powers and duties as public officials.

Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which such items do not exceed five in number.

Any bona fide charitable, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this section shall be on the organization or institution claiming such exemption.

The township police department and the licensing official shall have full power to enforce this section and issue summonses for any violation of any provision of this section.

The person to whom such license is issued and the owner or tenant of the premises on which such 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 such sale or activity. No person shall permit any loud or boisterous conduct on said premises nor permit vehicles of his patrons or prospective customers to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the police or fire departments of the township in order to maintain the public health, safety and welfare.

Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms or regulations of this section shall upon conviction be fined not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars or be imprisoned for a period not to exceed ten days for each violation; and a separate violation shall be deemed committed on each day during or in which a violation occurs or continues.

Nothing herein contained shall be deemed to prohibit "special sales" by merchants within the Township of Roxbury who may desire to conduct what is commonly known as a "sidewalk sale," "red tag sale" or "tent sale," provided said sale is conducted adjacent to the applicant's store front at a location where such a sale is permitted by the township's zoning regulations. The applicant shall also comply with the provisions of subsections 4-4.4, 4-4.6, 4-4.7 and 4-4.8 of this section. The application fee for a special sale license shall be as set forth in Chapter XXIV, subsection 24-4.1. Applicants shall be limited to three special sale licenses per calendar year. Special sale licenses shall not be granted for more than seven consecutive days at any one time and no applicant shall be entitled to receive more than one special sale license per month.

The person to whom such a license is issued and the owner or tenant of the premises on which such a 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 such sale or activity.

No such person shall permit the sidewalk in the vicinity of the sale to be completely blocked or the flow of traffic impeded by displays or merchandise. A clear pathway of at least five feet in width must be maintained on all sidewalks in the area of said sale. A sketch plat depicting the area of the sale and the location of all displays and merchandise to be sold must be submitted to the licensing official along with the license application.

As used in this section:

"Self-operated laundromats," "launderettes," "dry-cleaning establishments" and "all car washes" shall mean those premises used in whole or in part for the operation of self-service, coin-operated, washing, drying, dry-cleaning machines and all car washes, whether self-operated or not.

Every person owning a self-service laundromat, launderette, dry-cleaning machine establishment or car wash as hereinabove defined shall obtain a license from the township clerk which license shall be displayed at a conspicuous place upon the premises.

The license fees for each of the activities mentioned shall be as set forth in Chapter XXIV, subsection 24-4.1.

No establishment for which a license is required under this section shall be open for business, and it shall be unlawful to admit the public or customers into the room where such machines are located, unless there is on duty in the establishment at all times a competent person in charge of the establishment and in charge of the operation of the machines.

At least one legible sign shall be maintained in a place available to customers giving the name, address and phone number of the owner of the establishment, and of the service department or agency responsible for the proper maintenance of the machines.

The purpose of this section is to license and regulate the distribution and operation of amusement or entertainment machines and devices and machine juke boxes when employed for amusement or entertainment on a commercial basis. Because these machines and devices may become a public nuisance by reason of the manner in which they are distributed or operated, it is hereby determined by the township that control and regulation of such machines and devices is necessary for the protection and preservation of the public safety, morals and welfare.

As used in this section.

"Machine juke box" shall mean any music vending machine, contrivance or device which upon the insertion of a coin, slug, plate, disc or key into any slot, crevice or other opening, or by the payment of any price operates or may be operated by the public generally for the emission of music, songs or similar amusement, and shall include, without limitation, what is commonly called children's mini-cartoon theatres.

"Amusement or entertainment machine or device" shall mean any machine, contrivance or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice or other opening, or by the payment of any price, operates or may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, without limitation, such devices as skillball, marble machines, pinball machines and any electronic or mechanical game machines, devices, operations or transactions similar thereto, under whatever name they may be called, and any pool or billiard table or any bowling alley. It shall also include, without limitation, any machine or device commonly called a "peep-show" and any machine or device commonly called a "kiddie-ride".

"Distributor" shall mean any natural person, partnership, firm, association, corporation or any other business entity which leases, rents out or places under any kind of arrangement, within the township, one or more machine juke boxes or one or more amusement or entertainment machines or devices in premises or in a location owned or controlled by another.

"Operator" shall mean any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the township in which any machine juke box or amusement or entertainment machine or device is displayed for public patronage or is placed or kept for operation by the public.

"Owner-operator" shall mean any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the township in which any machine juke box or amusement or entertainment machine or device which is owned by said natural person, partnership, firm, association or corporation, or any other business entity is displayed for public patronage or is placed or kept for operation by the public.

"Licensed premises" shall mean the entire premises, including without limitation, all buildings, auxiliary buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities owned by or controlled by the operators and/or owner-operator.

No distributor of machine juke boxes or amusement or entertainment machines or devices shall distribute to any person or to the owner, occupant, lessee or licensee of any premises in the township for the purpose of operation thereof, any machine juke box or any amusement or entertainment machine or device without first having obtained from the township license officer a license to do so.

The application for such license shall state the following:

Name, address and telephone number of applicant. If applicant is an individual, the age, date and place of birth of applicant; and, if applicant is a partnership, firm, association, corporation or other business entity, the same information shall be supplied for each of the stockholders, officers and directors of the corporation or the partners, members or principals; except, that if the corporation has on file with the Securities and Exchange Commission a registration statement in connection with the listing of any class of its stock on any stock exchange or the sale thereof to the general public, it shall supply such information for each of its officers and directors and each of the owners of five percent or more of any class of its s to ck.

The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.

The name, home address and home telephone number of the manager or other authorized agent of the applicant who shall be in charge of or conduct the business of the applicant within the township.

Prior criminal conviction of the applicant, if any (whether by or without jury or by plea) in any jurisdiction of an offense which under the laws of New Jersey is denominated a "misdemeanor", a "high misdemeanor" or an offense involving moral turpitude, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings in connection therewith and punishment. The term "applicant" under this paragraph shall mean and shall include all persons whose names, addresses, ages and places of birth must be furnished under paragraph (a) of this subsection.

The type, manufacturer, serial number and location of each machine juke box or amusement or entertainment machine or device to be distributed under the license applied for.

The terms, conditions and arrangements, including without limitation, all financial arrangements under which the applicant is to distribute machine juke boxes or amusement or entertainment machines or devices within the township. There shall be included a copy of all agreements and arrangements between the applicant and the operator with whom the business is to be conducted. The township license officer shall require such additional information as may be necessary to fully and accurately disclose the nature of the proposed business to be conducted under this section.

If applicant is a corporation, there shall be included a corporate resolution in proper form authorizing the execution of the license application on behalf of the corporation.

The application shall contain, under oath, made by the applicant, that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.

The license officer shall promptly forward a copy of the application and accompanying materials to the chief of police of the township for investigation, review and report. The chief of police shall, within ten days of the date of his receipt of a copy of such application, forward his report to the license officer who in accordance with the standards and requirements set forth herein may grant or refuse the license, or may grant the license as to one or more but not all of the machine juke boxes or amusement or entertainment machines and devices and refuse the license as to the rest. If the license is granted, the license officer shall forthwith issue the license upon payment of the licensing fee. The license officer shall insure that the license application and all attachments thereto are complete, accurate and truthful, and that those persons whose names are required to be disclosed on the license application are all persons capable of owning, controlling and conducting the proposed business of distributing machine juke boxes or amusement or entertainment machines and devices within the township in a manner consistent with the public safety, good morals and general welfare of the community, that all those persons whose names are required to be disclosed on the license application can reasonably be expected to own, control, manage or operate the proposed business in accordance with all applicable laws, ordinances and regulations, are free from any gambling, immoral or illegal conduct or activity, and free of all unnecessary and unwanted noise and commotion; that no criminal element is in direct or indirect control or management of the business of the applicant, that the granting of the application and issuance of the license thereunder will promote a fair competitive market for the distribution of machine juke boxes or amusement or entertainment machines and devices within the township; that the granting of the application and issuance of the license thereunder will not create an unwarranted burden on any law enforcement officer or agency, and that the applicant has properly executed all agreements and consents required by this section and has agreed to conduct the business in accordance with all requirements of this section and all other applicable laws, ordinances, rules and regulations.

No owner-operator of a machine juke box or amusement or entertainment machine or device shall operate such machine or device within the township without first having obtained from the license officer of the township a license so to operate.

The application for such license shall be made in quadruplicate and shall state the following:

The name, date and place of birth, home address and business address, home telephone and business telephone number of the applicant, and of each partner, member or principal, and, if applicant is a corporation, of each stockholder, officer and director.

The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.

The name, date and place of birth, home address and home telephone number of the manager or other authorized agent of the applicant who shall be in charge of or conduct the business of the applicant in the township.

Prior criminal convictions of applicant, if any, (whether by or without jury or by plea) in any jurisdiction of an offense which under the laws of New Jersey is denominated a "misdemeanor", a "high misdemeanor" or an offense involving moral turpitude, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings in connection therewith and punishment. The term "applicant" under this paragraph shall mean and shall include all persons whose names, addresses, ages and places of birth must be furnished under paragraph a. of this section.

The type, manufacturer, serial number and precise location of each machine juke box or amusement or entertainment machine or device to be operated under the license applied for.

If the applicant is a corporation, there shall be included a corporate resolution in proper form authorizing the execution of the license application on behalf of the corporation.

The application shall contain a certification under oath made by the applicant that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.

The license officer shall promptly forward a copy of the application and accompanying materials to the chiefs of the departments of police and fire, the health officer and the building inspector for investigation, review and report. Each of the officials of the police, fire, health and building departments shall, within ten days of the date of his receipt of a copy of such application, forward his report to the license officer who in accordance with the standards and requirements set forth herein may grant or refuse the license, or may grant the license as to one or more but not all of the machine juke boxes or amusement or entertainment machines or devices, and refuse the license as to the rest. If the license is granted, the license officer shall forthwith issue the license upon payment of the licensing fee. The license officer shall insure that the license application and all attachments thereto are complete, accurate and truthful, and that those persons whose names are required to be disclosed on the license application are all persons capable of owning, controlling and conducting the proposed business of owning and/or operating machine juke boxes or amusement or entertainment machines or devices within the township in a manner consistent with the public safety, good morals and general welfare of the community; that all those persons whose names are required to be disclosed on the license application can reasonably be expected w own, control, manage or operate the proposed business in accordance with all applicable laws, ordinances, rules and regulations, and free from any gambling, immoral or illegal conduct or activity and free from unnecessary and unwanted noise and commotion; that no criminal element is in direct or indirect control or management of the business of the applicant; that the granting of the application and the issuance of the license thereunder will promote a fair competitive market for the operation of machine juke boxes or amusement or entertainment machines or devices within the township; that the granting of the application and issuance of the license thereunder will not create an unwarranted burden on any law enforcement officer or agency; and that the applicant has properly executed all agreements and consents required by this section and has agreed to conduct his business in accordance with all requirements of this section and all other applicable laws, ordinances, rules and regulations. No operator's license shall be granted hereunder unless the licensed premises shall meet all requirements of all fire regulations and building, sanitary, electrical and plumbing codes of the township.

[Ord. #14-75; Ord. No. 12-2016]

No distributor and/or operator and/or owner-operator or any of his officers, directors, agents, servants or employees shall by threats, promises, intimidations seek to control or direct the placement or the removal of any machine juke box or amusement or entertainment machine or device from any premises or location within the township, and any such threats, promises or intimidations shall be reported to the police department of the township.

No licensed premises shall be without adequate sanitary facilities nor contain any fire, safety or health hazard.

No machine juke box or amusement or entertainment machine or device shall be permitted on any premises located within 200 feet of any church, school, park or playground.

No machine juke box or amusement or entertainment machine or device shall be located in a so-called "backroom" nor in any part of the licensed premises which is not open to the general public.

No machine juke box or amusement or entertainment machine or device shall be so operated or the business thereof so conducted as to amount to a nuisance in fact.

No machine juke box or amusement or entertainment machine or device shall be operated in such a manner as to be heard out-of-doors.

No songs shall be played, words spoken or pictures or images depicted or projected on any machine juke box or on any amusement or entertainment machine or device which violates the obscenity laws of New Jersey.

No machine juke box or amusement or entertainment machine or device shall be permitted to cause unnecessary and unwanted noise or commotion or otherwise interfere with the public health, welfare and morals.

The operator and/or owner-operator shall not permit, suffer or allow any person to be or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct or activity from occurring.

No operator and/or owner-operator shall offer or permit to be offered any prize or reward to any person playing any machine juke box or amusement or entertainment machine or device which is distributed or operated under this section except as permitted and in conformance with the regulations established by the State of New Jersey, Office of Amusement Games Control (N.J.A.C. 13:3-3.5 et seq.)

No operator and/or owner-operator shall permit, suffer or allow the unlawful sale or consumption of alcoholic beverages upon the licensed premises.

No person on the licensed premises shall have illegally in his possession or under his control or offer to another any habit-forming drug nor shall the operator and/or owner-operator permit, suffer or allow such person on the licensed premises.

No operator and/or owner-operator shall permit the operation of any machine juke box or amusement or entertainment machine or device during the hours when the taverns in the township are closed or between 2:00 a.m. and 9:00 a.m., whichever time period shall permit the longer operation of such machines or devices.

The operator and/or owner-operator shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.

No distributor and/or operator and/or owner-operator shall neglect or fail to report promptly to the police department any violation of any law or ordinance occurring on the licensed premises nor shall any distributor and/or operator and/or owner-operator neglect or fail to report promptly to the license officer any conduct or activity prohibited by this ordinance.

Each distributor and/or operator and/or owner-operator shall promptly report in writing to the license officer any changes by addition or deletion of the information furnished on the license application and all material attached thereto, and this obligation shall be fully met during the term of any license or the renewal thereof.

[Ord. #14-75; Ord. #34-90, S1C; Ord. #29-04, S3]

The annual license fees shall be as set forth in Chapter XXIV, subsection 24-4.1.

[Ord. #14-75]

Each distributor's and/or owners-operator's license provided for in this ordinance shall be posted prominently and conspicuously at the location of the machine or device on the premises where it is to be operated or maintained for operation.

[Ord. #14-75]

A distributor's and/or owner-operator's license may be transferred from one machine or device to another similar machine or device upon application to the license officer giving a description by type, manufacturer and serial number of such other machine or device. Not more than one machine or device shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine or device distributed and/or operated by him.

No distributor's and/or owner-operator's license shall be transferred from distributor to distributor or from owner-operator to owner-operator or from place to place within the township without the same application, investigation and reports as required on a new application.

[Ord. #14-75]

All licenses duly issued and enforced on the effective date of this section, which is December 9, 1975, shall continue in force until the expiration of each such license after which application for renewal shall be made under this section.

[Ord. #14-75]

Every license issued under this section is subject to the right, which is hereby expressly reserved, to revoke the license should the licensed distributor and/or owner-operator distribute or operate any machine juke box or amusement or entertainment machine or device contrary to the provisions of this section or any other law, ordinance, rule or regulation or fail to cooperate fully with any enforcement officer or agency.

Any material misstatement or omission in the license application or in any information submitted therewith or the failure to notify in writing the license officer of any changes by addition or deletion or amendment to the application or information during the term of any license or renewal shall constitute sufficient ground for revocation of the said license. Such revocation shall be by the township committee after a hearing. The licensee shall be given ten days notice of the hearing and such notice shall state the ground therefor. At such hearing the licensee and his attorney may present and submit evidence and witnesses in his own behalf.

[Ord. #14-75]

If the chief of police shall have probable cause to believe that any machine juke box or amusement or entertainment machine or device is used for gambling, such machine or device may be seized by the police and impounded and may be considered contraband by law.

[Ord. #14-75]

The provisions of this section shall not apply to any church, fraternal or veteran's organization or other religious, charitable or nonprofit organization that operates any machine juke boxes or amusement or entertainment machines or devices exclusively for the use of its members and the guests of such members and on premises owned or controlled by it.

[Ord. #14-75]

Any person violating any provision of this section, in addition to the revocation of his or its license, shall upon conviction be liable to the penalty stated in Chapter III, section 3-1.

As used in this section:

"Business of conducting tourist lodges, cabins, motels and auto courts" shall mean the renting, leasing, maintaining, keeping, operating, conducting or providing of overnight or temporary sleeping accommodations, for a consideration, to tourists, transients or travelers in any building or structure, or group of buildings or structures, devoted exclusively or primarily to the business commonly known as tourist lodges, tourist cabins, motor lodges, motor courts, tourist courts, motels or auto courts, whether meals are served on the premises or not.

"Housing or lodging unit" shall mean any separate room, suite, cabin or quarters, whether or not physically attached or connected with any other building or structure, used for sleeping accommodations in the business of conducting tourist lodges, etc.

No person shall engage in the business of conducting tourist lodges, cabins, motels or auto courts without first having applied for and obtained from the township committee a license to do so. No such license shall be issued to any person who has been convicted of a crime involving moral turpitude nor shall any such license be issued to any corporation in which any stockholder holding ten percent or more of any of the stock thereof, or in which any director or officer shall have been convicted of a crime involving moral turpitude.

Each applicant for such license shall make written application setting forth the following information in detailed form:

The full name, residence and/or business office and post office address of the applicant.

The exact location of the proposed licensed premises, giving the street address, tax lot and block numbers and the exact dimensions of the lands on which the business is to be conducted.

A description of the buildings, structures and accommodations upon said lands, or those proposed to be erected thereon, including a statement of the number of housing or lodging units either erected or proposed, together with the maximum number of persons who can be or may be in the future accommodated at any given time; a description of the character of the buildings or structures as to size, type of construction and whether or not the same are or will be fireproof; a description of automobile parking space and facilities which must conform with the provisions hereinafter established.

The name and address of the owner of the lands and buildings.

The name of the person on the licensed premises upon whom process may be served.

Whether any person constituting the individual or partnership applicant or whether the corporate applicant or any stockholder holding ten percent or more of the stock thereof or any director or officer thereof, has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and, if so, the details thereof, including, with respect to each conviction, the name of the person convicted, the date thereof, the nature of the offense, the court in which the conviction was entered and the punishment imposed. Traffic and motor vehicle violations need not be included.

In the case of corporate applicants, the names and residences of all stockholders holding ten percent or more of any stock of the corporation, the names and residences of all members of the board of directors of the corporation, and the names and residences of all officers of the corporation, and the office held by each.

Each application shall be made in triplicate and shall be signed and sworn to by the applicant and presented to the licensing officer together with a certified or bank check or cash in the amount of the hereinafter prescribed license fee.

All physical descriptions called for above shall be accompanied by a sketch of the premises showing all buildings and structures already situated thereon and designation of any proposed structures, their size and location, and the parking area location or locations.

Any change in any fact set forth in said application shall be communicated to the licensing authority within three days of said change, unless said change can be known in advance, in which event the change shall be communicated to the licensing authority ten days in advance of said change. All notifications shall be made in the same manner as the original application.

The licensing officer shall forthwith forward the application to the health officer of the board of health and to the fire sub-code official of the township who shall inspect the premises to determine whether or not the premises comply with the board of health and fire ordinances and regulations. If the premises do not so comply, the officers shall attach to the application a written list of recommendations and return the same to the licensing officer no later than ten days from receipt of the application, who shall in turn return the application with the list of recommendations to the applicant. If the premises do so comply, the officers shall attach thereto certificates of approval.

The fee for such license shall be as set forth in Chapter XXIV, subsection 24-4.1.

On application made therefor, setting forth the same matters and things as are required by this section to be set forth in connection with an original application for a license, the township committee, with the consent of the licensee and upon payment of a fee of ten percent of the annual license fee for the license sought to be transferred, may transfer to such applicant any license issued under the terms and provisions of this section. The ten percent fees shall be retained by the Township of Roxbury whether the transfer be granted or not.

Each licensee shall maintain at all times on the licensed premises a register. Immediately following the effective date hereof, each licensee shall submit to the chief of police of the township the register, and the chief of police shall endorse the flyleaf thereof with the words "Official Register", followed by the name of the licensee, the date of endorsement and the signature of the chief. In the event of the absence or disability of the chief, the endorsement shall be made by the acting chief or by such other person as the township committee may hereafter direct. No registration hereinafter required to be made shall be made in any register other than the "Official Register" endorsed as aforesaid unless and until said "Official Register" shall have been completely filled. Upon the filling of any register, it shall be preserved for not less than six years upon the licensed premises and a new register, endorsed as aforesaid, shall thereupon be used for subsequent registrations.

No person shall occupy and no licensee shall permit any person to occupy any housing or lodging units on the licensed premises unless the person occupying such housing or lodging unit shall first:

Display, to the licensee or to a duly authorized agent or employee of the licensee in charge of the register, written evidence of his or her identity and residence and, in addition thereto, the official state registration certificate of the motor vehicle, if any, then being used by the registrant.

Write in the register, immediately following the preceding registration, in ink, and in his own handwriting, his full and true name and address and relationship, if any, to the registrant, of every other person who is to occupy such housing or lodging unit; the make, year and state license or registration number of the motor vehicle then being used by the registrant.

In addition to the foregoing information, the licensee shall cause to be written into the register, in ink, the number or name of the housing or lodging unit assigned to each registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to subsection 4-7.7b1 hereof, the signature of the person taking or accepting the registration and the date when the occupant or occupants of each housing or lodging unit quits and surrenders the same.

The register shall be kept and preserved by the licensee and shall be available on request at any hour of the day or night to any law enforcement officer.

All vehicles entering upon the premises of tourist lodges, cabins, motels and auto courts in the Township of Roxbury, shall be parked either in front of or to the side of any lodge, cabin or separate housing and lodging unit, and no vehicle shall be parked in the rear of any building or structure.

It shall be the duty of the township police department to inspect the licensed premises from time to time, at any hour of the day or night, to determine that the provisions of this section are being complied with.

No person shall engage in, form or start any parade in the township without obtaining a permit from the chief of police.

As used in this section:

"Parade" shall mean any assemblage of 25 or more persons engaged in an organized procession of any duration along a public street or highway, following a certain route, whether predetermined or not.

This section shall not apply to:

Funeral processions.

Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate supervision and direction of the proper school authorities.

A governmental agency acting within the scope of its functions.

A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.

An application for a parade permit shall be filed with the chief of police not less than five days nor more than ten days before the date on which it is proposed to conduct the parade.

The chief of police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than five days before the date such parade is proposed to be conducted.

The application for a parade permit shall set forth the following information:

The name, address and telephone number of the person seeking to conduct such parade.

If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.

The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.

The date when the parade is to be conducted.

The route to be traveled, the starting point and the termination point.

The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles.

The hours when such parade will start and terminate.

A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.

The location by streets of any assembly areas for such parade.

The time at which units of the parade will begin to assemble at any such assembly area or areas.

The interval of space to be maintained between units of such parade.

If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.

Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should be issued.

There shall be paid at the time of filing the application for a parade permit a fee as set forth in Chapter XXIV, subsection 24-4.1.

The chief of police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.

The conduct of the parade will not require the diversion of so great a number of police officers of the township to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the township.

The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the township other than that to be occupied by the proposed line of march and areas contiguous thereto.

The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.

The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire.

The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.

The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit.

The chief of police shall act upon the application for a parade permit within three days after the filing thereof.

Notice of rejection. If the chief of police disapproves the application, he shall mail to the applicant within three days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit.

Alternative permit. The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within one day after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this section.

Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the following:

The mayor and township committee.

The township attorney.

The fire chief.

The director of the department of public works.

All postmasters within the township.

The general manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.

A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.

Interference. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly, or with any person, vehicle or animal participating or used in a parade.

Driving through parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

Parking on parade route. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to this effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.

"Peddler" shall mean any person, traveling by foot or vehicle of any kind, who conveys or transports goods, articles or property of any kind or description for the purpose of offering for sale, selling and delivering the same to customers or offering to render immediate services of any kind or description. The term "peddler" shall include the words "hawker" or "huckster".

"Solicitor" shall mean any person, traveling by foot or vehicle of any kind, who sells or offers to sell goods, articles or property of any kind or description by sample or otherwise for future delivery, or who offers to render services at some time in the future, with or without accepting payment or partial payment for the same.

"Canvasser" shall mean any person, other than a peddler and solicitor, traveling by foot or vehicle of any kind, who distributes printed matter or any other thing from house to house or who calls in person upon the occupants of such houses seeking contributions or any thing of value.

It shall be unlawful for any person to engage in the activity of a peddler within the township without first having obtained a license therefor as provided herein. No person shall engage in the activity of a solicitor or canvasser within the township without first having obtained a permit therefor as provided herein. Licenses and permits shall be issued to individual persons only, and if an employer or other person desires that more than one employee or member engage in the activities of a peddler, solicitor or canvasser within the township, each of such employees or members must obtain a separate license.

The requirements of this section insofar as the same shall apply to fees, shall be held not to include the following persons who are hereby expressly exempt from its application:

Any person honorably discharged from military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:Z4-9 and 10.

Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity with this law.

Any person selling fruits, vegetables and farm products grown by himself, with or without the help of others.

Any person who conducts a sale pursuant to law or court order.

Any charitable or religious society conducting sales where the proceeds shall be applied to the payment of expenses of the sale and to the charitable and religious business or affairs for which the charitable or religious society exists.

This chapter shall not apply to:

Employee of any public utility which is subject to regulation by the State Board of Public Utilities Commissioners, provided, however, that such employee shall display the identification badge or card issued by his employer.

Any member of any committee or organization of a duly constituted political party as defined by N. J. S. 19:1-4 when any such member is engaged in the lawful activities, functions or objectives of the political party.

Any person who as a part of the regular course of business is engaged in the delivery of goods to the premises of persons previously ordering or entitled to receive such goods.

Applicants for licenses and permits under this section shall file with the licensing officer a sworn application in writing, in duplicate, on a form to be furnished by the licensing officer for that purpose, giving the following information:

Name, address and telephone number of the applicant.

A brief description of the nature of the applicant's business and the goods or services, if any, to be sold or rendered.

If the applicant is an employee or member of an organization, the name and address of the employer or organization together with credentials establishing the exact relationship.

The length of time for which the license or permit is desired.

Whether the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance and, if so, the nature of the offense.

In addition, the applicant shall furnish the following:

Two photographs of the applicant, two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner, which photographs shall have been taken within one year preceding the application.

Such evidence as to the good character and business responsibility of the applicant as will upon investigation enable a proper evaluation of the applicant's character and business responsibility to be made.

If the activity to be engaged in involves possible injury to persons or property, then evidence of sufficient liability and/or property damage insurance.

Upon receipt of each application for a license or permit, the original shall be referred to the chief of police who shall cause such investigation of the applicant's moral character and business responsibility to be made as he deems necessary for the protection of the public good.

If, as a result of such investigation, the applicant for a permit as a solicitor or canvasser is found to be of good moral character and any organization or project in behalf of which the applicant, as employee or member, is engaged is found to be free from fraud or misrepresentation, the chief of police shall so endorse the application and return it to the licensing officer, who shall upon payment of an appropriate fee as provided in subsection 24-4.1, issue a permit on the form to be used for such purpose and deliver it to the solicitor or canvasser, together with a badge to be worn by him as required under subsection 4-9.10.

If, as a result of such investigation, the applicant for a license as a peddler is found to be of good moral character and his business responsibility to be satisfactory, and the business of the applicant or of any employer of the applicant is found to be free from fraud or misrepresentation, the chief of police shall so endorse the application and return it to the licensing officer who shall, upon payment of the appropriate license or transfer fee prescribed in subsection 24-4.1, issue a license on the form to be used for such purpose and deliver it to the applicant together with the badge to be worn by him as required under subsection 4-9.10.

If, upon investigation of an applicant or his employer or the organization of which the applicant is a member, it appears in the judgment of the chief of police that the issuance of the license or permit applied for would be inconsistent with the public good, the chief of police shall so endorse the application, together with the reasons relating thereto, and return the application to the township clerk, who shall forthwith report thereon to the township council for its consideration and action. Following the consideration and action of the township council, the township clerk shall notify the applicant of approval or disapproval as directed by the township council.

Every applicant for a license or permit under this section, or transfer of a license or permit, shall pay a fee as set forth in Chapter XXIV, subsection 24-4.1. At the time of application, the application shall state the number of days which the license or permit shall be effective, which number of days shall not exceed fifteen and pay the full fee in advance prior to the issuance of said license or permit.

No license or permit may be transferred from one person to another person and no license, permit or badge issued under the provisions of this section shall be used or worn at any time by any person other than the person to whom it was issued.

Licenses and permits issued pursuant to this section shall be signed by the licensing officer and the holder thereof and set forth the following information:

The name and address of the person holding the license or permit.

The kind of goods to be sold or services to be rendered by a peddler or solicitor, or the nature of the activity in which a canvasser is engaged, as well as the name and address of his employer or organization, if any, and the license number or other identifying description of any vehicle used.

The period for which the license or permit is issued and the commencement and expiration dates thereof.

The amount of the fee paid.

Whenever a license or permit is issued, the licensing officer shall also issue a badge bearing the following: The name of the township, a number, the words "peddler," "solicitor," or "canvasser," and a statement that the issuance of the license or permit does not constitute an endorsement by the township of any person, product, service or organization. The badge shall be provided with an opening or window in which shall be inserted a card bearing the name of the holder of a license or permit, his photograph and the year of issuance.

Every person holding a license or permit issued pursuant to this section shall carry such license or permit with him at all times while engaged in the activity for which the license or permit was issued and also wear the badge issued to him upon his outer clothing in such a way as to be conspicuous during such time as he is engaged in the activity covered by his license or permit.

Upon the request of any police officer or resident of the township, every person holding a license or permit issued pursuant to this section is required to produce and permit examination of such license or permit.

No peddler, solicitor or canvasser shall engage in such activities after 9:00 p.m. prevailing time.

No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public.

No peddler, nor any person in his behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound amplifying system, upon any of the streets or other public places of the township or upon any private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets or any public places, for the purposes of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.

The holder of any license or permit issued pursuant to this section shall be courteous to all persons, shall not importune or annoy any of the residents of the township and shall at all times conduct himself in a quiet, orderly and lawful manner while acting as a peddler, solicitor or canvasser within the township.

"Street" shall mean and include any street, road, highway, avenue, lane and public place in the township.

"Taxicab" shall mean and include any motor vehicle used in the business of transporting persons for hire, from or to points within the township, including vehicles hired by charter or special contract, whether the fare or price is agreed upon in advance or not.

"Cruising" shall mean the driving of an empty taxicab to and fro along a public street at a slow rate of speed for the obvious purpose of soliciting passengers.

No person shall drive, operate or use for hire any commercial vehicle, as hereinabove defined, for the transportation of passengers from any point within the township without first having obtained a license for every operator and every vehicle to be so operated.

Every application for a license shall be filed with the licensing officer on a form to be furnished by the township. The township committee may, by resolution, fix rates of fare to be charged for transportation of passengers in such licensed commercial vehicles.

The annual fee to be paid for such license shall be as set forth in Chapter XXIV, subsection 2-4.1.

At the time of granting of licenses under this section, the licensing officer shall sign such license and issue to the licensee a certificate of registration, to which shall be attached a photograph of the licensee to be furnished by the licensee and taken within 30 days preceding the granting of such license. The certificate shall specify the year for which the same is issued and for which the licensee shall pay the fee prescribed in the subsection 4-10.4c1.

Solicitation; Cruising. No taxicab, while waiting for employment by passengers, shall stand on any public street or space other than that at or upon a taxicab stand designated or established in accordance with this section, nor shall any driver of such taxicab seek employment by repeatedly and persistently driving his taxicab to and from in a short space before, or by otherwise interfering with the proper and orderly access to, or egress from, any theatre, hall, hotel, public resort or other place of public gathering, and no driver shall solicit passengers for a taxicab except when sitting upon the driver's seat thereof, nor shall any driver of a taxicab solicit employment in the transportation of passengers by driving in or through any street or public place at a slow rate of speed, commonly designated as "cruising."

Refusal of Fares. No taxicab operator, owner, dispatcher or employee shall refuse to carry any orderly person to any destination within a 50-mile radius of the township, provided that the person agrees to pay the proper rate of fare, and this regulation shall apply regardless of whether the aforesaid request for transportation shall be made directly or by telephone and whether made at a taxicab stand or at any other place; provided, further, that compliance with this request would not result in a violation of any other provision of this section.

Posting of Rates. A schedule of the rates of fare shall be conspicuously placed inside each licensed taxicab.

Display of Certificate with Photograph. Each licensed taxicab driver or operator shall prominently display on the inside of each taxicab the photograph and certificate required under section 4-10.5.

There is reserved to the township committee the right to designate the places within the township which may be used as public stands for licensed taxicabs and to make such regulations and directions respecting the places or positions to be occupied by taxicabs as may be necessary to preserve order and promote public convenience. The township committee is also authorized to make such rules and regulations in relation to the operation of taxicabs and the conduct of the operators thereof as it may from time to time determine to be necessary and proper in the best interests of the residents of the township.

No person shall engage in or carry on the business of junk dealer, motor vehicle junk dealer or dealer in second hand motor vehicles or parts thereof in the township without obtaining a license as provided in this section.

As used in this section:

"Motor vehicle junk dealer" or "dealer in second hand motor vehicles" shall mean and include purchasing, selling, exchanging, or storing dismantled, partly dismantled or used motor vehicles, including motorcycles. This section shall not apply to a casual sale of a single motor vehicle previously owned and operated by the seller.

Every applicant for a license shall make a separate application for the granting of a separate and distinct license for each separate and distinct location where the business is to be maintained and operated. In the case of an application for a newly established location, the application must be accompanied by a site plan duly approved by the planning board of the Township of Roxbury. The application shall include the following:

The name of the person making such application, his residence and business address.

A location survey map of the premises giving the street frontage and delineating the exact area of the premises upon which the business is to be conducted.

The full amount of the fee shall accompany the application.

Such other information as the township committee may require in order to determine the fitness of the applicant to conduct the business, and the adequacy of the premises to be used.

The fee for such license shall be as set forth in Chapter XXIV, subsection 24-4.1.

None of the materials, the purchase, sale, exchange or storage of which is regulated herein, shall be kept on any sidewalk or street of the township or in front of the place of business licensed hereunder.

It shall be unlawful for any licensee to permit any materials, the purchase, sale, exchange or storage of which is regulated herein, to be placed upon the licensed premises in such a manner so as to permit rain water to collect and remain in and about said premises for a period longer than 24 hours.

It shall be unlawful for any licensee to stack, pile or place any materials upon the licensed premises in such a manner as to create a fire hazard or to create a place for the harboring or breeding of rats, mice or vermin.

It shall be unlawful for any licensee to cause any materials which may be inflammable to be destroyed by burning, either on the premises or at any other place within the township.

All licenses issued pursuant to this section shall at all times be subject to such reasonable rules and regulations as the township council may determine to be necessary and proper in the best interest of the citizens of the township.

Environmental oversight.

No license shall issue under this section 4-11 unless the applicant has submitted all current required New Jersey Department of Environmental Protection permits with the application or has submitted an affidavit certifying that the use and operations on site do not require any permits from the New Jersey Department of Environmental Protection.

It shall be unlawful for any licensee to discharge to land, groundwater or surface waters of this State any pollutant. A "pollutant" means any dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munition, chemical waste, biological materials, radioactive materials, thermal waste, wrecked or discarded equipment, and construction waste or runoff or other residue. If a licensee's business activities include the storage or control of pollutants on site, the licensee shall provide an appropriate physical location and proper procedures within acceptable environmental standards for the storage and handling of pollutants so as to prevent the discharge or potential discharge of pollutants to land, groundwaters or surface waters of the State. "Waters of the State" means the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of this State or subject to the jurisdiction of this State.

It is further declared that any violation of such rules and regulations as made by the township council shall constitute a violation of this section, punishable as hereinafter provided.

Any member of the township council, any member of the board of health, the health officer, the chief of police, or any authorized agent of the township shall have the right at any and at all reasonable times to inspect any or all parts of the licensed premises.

Any person, partnership or corporation violating the provisions of this section shall be subject to the penalties set forth in Chapter III entitled "Police Regulations" section 3-1, Penalty, of the Revised General Ordinances of Roxbury Township and, additionally, the license may be revoked.

The board of health of the township shall issue all licenses for the operation and maintenance by any person of a boarding home for children within the meaning of Chapter VI of the New Jersey State Sanitary Code, adopted April 1, 1963, and in accordance with its provisions. Licenses shall be issued for a term not to exceed one year at a fee of two ($2.00) dollars for each license and each renewal, and a record of each license issued shall be kept by the secretary of the board of health.

All licenses are subject to revocation for any violation of any law, rule or regulation of the township board of health and the New Jersey State Sanitary Code. Any person violating any provision of the township board of health or the State Sanitary Code governing the operation and conduct of boarding homes for children shall be liable to a fine not to exceed one hundred ($100.00) dollars, to be recovered by, and in the name of, the board of health of the township.

No person shall produce, operate or conduct any motion picture or theatrical, for admission to which a fee is charged, excepting performances given solely for the benefit of and under the supervision of a religious, educational, charitable or non-profit organization without having first obtained a license and paid the required license fee.

Every applicant for a license under this section shall file with the application a plan or sketch of the premises at which the license activity will take place clearly showing the following:

The number, location and dimensions of all entrances and exits.

The nature and location of all fire alarms, fire detection and fire fighting equipment.

The nature and location of all sanitary facilities provided for the use of patrons.

The seating plan of the premises which shall indicate the number of seats in each section of the premises and the total number of seats which will be available for patrons.

Such other information as may be appropriately required.

Application for a license under this section shall be investigated by the construction official and the fire protection subcode official to determine if the facts stated in the sketch accompanying the application are correct.

If the report of the construction official and the fire subcode official are favorable, the licensing officer shall issue the license immediately upon payment of the required license fee. The annual fee for such license shall be as set forth in Chapter XXIV, subsection 24-4.1.

All theatres shall maintain adequate fire detection, fire alarms and fire fighting equipment, and shall be constructed with sufficient exits to permit orderly evacuation in the event of fire and other emergencies. During all times that the theatre is open to the public, the fire exit doors shall be maintained in such a condition that they can be easily opened from inside the theatre.

All stairways, passageways and other facilities used by patrons in entering or leaving the theatre or in going to and from rest rooms, refreshment stands, lobbies and similar places shall be adequately lighted and shall have such other facilities as are reasonably necessary to prevent patrons from being injured through falls or otherwise.

All parts of the theatre used by patrons shall be kept clean and in sanitary condition at all times.

Every person to whom a license is issued under this section shall strictly comply with all applicable State and municipal laws and regulations.

It shall be unlawful for any person to conduct or engage in any temporary or transitory amusement, entertainment or performance, including but not limited to exhibitions, shows, concerts, carnivals, fairs and circuses, or to exhibit any managerie or collection of beasts or to exhibit, show or perform feats of activity or conduct or engage in any enterprise for any purpose which would produce crowds of persons that may affect the health, safety or welfare of the public, without first having obtained a license as hereinafter provided.

The township council may, at its discretion, on application give a license in writing to any person for any of the purposes mentioned in this section for a period not to exceed 30 days.

Application. Applicants for a license shall file with the licensing officer an application, certified to, in writing on a form to be furnished by the licensing officer for that purpose and shall set forth, the names and addresses of the persons, firms, associations or corporations sponsoring and conducting such amusement, entertainment, exhibition, show or performance, as defined in subsection 4-14.1 of this section, a description of the type of activity proposed to be conducted or engaged in, a precise description of the place where the activity is to be performed and conducted, the date or dates and hours of each performance, the estimated number of persons expected in attendance at each performance, the provisions to be made for potable water, sanitary sewer facilities, safe vehicular traffic and pedestrian circulation to and from the premises, crowd and noise control and the provisions for clean-up and restoration after termination of the activity to be so licensed.

Before any such license shall take effect, the applicant or applicants shall pay to the licensing officer such fee as is hereinafter stated.

Essential considerations. Before approving an application, the township council shall obtain and consider the written recommendations of the local health officer, and the township chief of police and construction code official to secure protection for the health and safety of the participants and the public at large during the performance and conduct of the activity to be authorized. Such considerations shall include, but shall not be limited to, adequate potable water and sanitary sewer facilities and other utilities necessary for essential services to participants and the audience, safe and efficient vehicular and pedestrian circulation and vehicular parking, congestion and noise control and the consideration of any other element that may adversely impact upon the immediate environment because of the proposed activity.

Liability insurance. No license shall be issued for any of the purposes required to be licensed under this section until there shall have been submitted to the township attorney and approved by him as to form and sufficiency and filed with the licensing officer at the time application for a license is applied for, a policy or policies of insurance, with the premium to be prepaid thereon, issued by an insurance company duly licensed to transact business under the laws of the State of New Jersey in the amount of five hundred thousand ($500,000.00) dollars for bodily injury to any one person, in the amount of one million ($1,000,000.00) dollars for bodily injuries to more than one person which are sustained in the same accident and one hundred thousand ($100,000.00) dollars for property damage resulting from any one accident. Such policy or policies of insurance shall inure to the benefit of any person who shall be injured, or who shall sustain damage to property, proximately caused by the applicant or the applicant's servants, agents or employees by reason of any of the activities for which the license applied for is granted.

Security deposit. Prior to the issuance of a license, the township committee may, in its discretion, require a security deposit in an amount not to exceed one thousand ($1,000.00) dollars conditioned upon the satisfactory clean-up and restoration of the place or area in or upon which the business activity will be conducted and performed as licensed under this section.

Use of East Mapledale Avenue. Where post sunset access to the temporary or transitory amusement, entertainment or performance, as described in subsection 4-14.1, is proposed to be by East Mapledale Avenue leading to Rotary Island at Horseshoe Lake, Roxbury Township, New Jersey, township's approved temporary lighting for access along East Mapledale Avenue shall be provided by the applicant at the applicant's expense. In the event such temporary or transitory amusement, entertainment or performance applicant does not propose to use access on East Mapledale Avenue, then the applicant shall arrange with the township for an appropriate police-type blockade to be placed at that location blocking access to East Mapledale Avenue.

Garbage and recyclable containers. As part of the review of the application by the health officer, the health officer shall determine the number of trash and recycling receptacles which shall be placed upon the site during the course of the subject event and the applicant shall arrange with the recreation department for the placement of such receptacles on site.

Pre-event security. Approximately four weeks prior to the event, the applicant shall meet with representatives of the Roxbury Township Police Department for purposes of determining security needs for the event. The applicant shall provide the police department at this time with a list, including the name, address, and social security number of each individual anticipated to be employed at the event for the purpose of a police examination and record check. The applicant shall have an ongoing duty to update such list as the identification of such employees changes in order that the police department has a current list of employees at all times during the event.

Use of township parks. Whenever an applicant for a licensed activity under this section proposes the use of a township park, the applicant shall not allow, suffer or permit any structures, permanent or temporary, and any vehicles or equipment, of any kind or nature whatsoever, to be stored on township park property prior to three days preceding the start of the event and subsequent to three days succeeding the end of the event. Overnight sleeping accommodations by tents, recreational vehicles, or trailers shall not be permitted to remain on site after the event has closed down for the evening. The applicant shall not allow, permit or suffer participants in the activity to remain in or upon the park premises from the point in time the event closes and reasonable evening closing activities cease, until sunrise the following day with the exception that a reasonable security force may remain on site for security purposes.

No building, shed, tent, stand or other structure of any kind either permanent or of temporary nature and used for any purpose for which the license has been issued shall be used or erected upon any of the property where such amusement, entertainment, exhibition, show or performance shall be conducted without first obtaining a permit from the construction code official which permit shall comply with Chapter IX of the Revised General Ordinances of the Township and with the terms of any or all other applicable ordinances of the township.

Every such license shall remain in force and be valid only for the time therein expressed, and shall apply only to the person, firm, association or corporation to whom granted and shall not be transferable.

The license fee for such license shall be as set forth in Chapter XXIV, subsection 24-4.1.

The township council may waive all or a portion of the license fee requirement in connection with any amusement, entertainment, exhibition, show or other performance conducted or given for charitable or benevolent purposes by a nonprofit organization or association.

The penalty provisions of section 3-1 of the Revised General Ordinances of the Township of Roxbury, 1978, shall apply to this section.

For the purpose of this section, a transient merchant, itinerant merchant or itinerant vendor is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the Township of Roxbury or not, who engages in a temporary business not to exceed 30 days during any one calendar year, of selling or delivering goods, wares and merchandise within the township, and who, in furtherance of such purpose, hires, leases, uses or occupies any land, building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in a hotel, motel, lodging house, apartment, shop or other place within the township, for the exhibition or sale of such goods, wares and merchandise, either privately or at public display provided that peddlers, solicitors and canvassers, as defined in and regulated by section 4-9 of the Revised General Ordinances of the township shall not be considered as transient merchants, itinerant merchants or itinerant vendors for the purposes of this section.

The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this section merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any dealer, trader, merchant or auctioneer.

The provisions of this section shall not apply to any person, firm or corporation engaging in indoor retail sales or commercial displays carried on within the confines of any building approved for commercial use by the municipal land use approving authority, provided further that in those instances in which the activity is a transient sale or display, the owner of the premises shall notify the governing body, in writing, at least ten days prior to commencement of the sale or display of the name and address of the person, firm or corporation that will stand responsible for the activity and the nature and duration thereof.

It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor as defined in this section to engage in such business within the Township of Roxbury without first obtaining a license therefor as provided herein.

Nothing in this section shall be construed to permit the conduct of any sales or business on Sundays in contravention of the Sunday Closing Acts, N.J.S.A. 2A:171-5.8 et seq.; nor shall this section be construed to permit any sales or business to be conducted within any residential zone or in violation of the residential use district regulations as established by the Land Use Ordinance of the township or to permit the conduct of any sales or business within 30 feet of a public street, public right-of-way or on other public lands. Furthermore, nothing herein shall be construed to permit any sale or business to be conducted in any manner which would in any way negatively impact upon the health, safety or general welfare of any individuals in the Township of Roxbury, whether citizens or not.

The license fee for engaging in, carrying on or conducting business as a transient merchant, itinerant merchant or itinerant vendor shall be as set forth in Chapter XXIV, subsection 24-4.1. Upon payment of the fee, the licensee shall receive a license which shall continue in favor of the person to whom it is issued for a period not to exceed 30 days from the day of issuance.

All applications for such license shall be certified to and signed by the applicant, if any individual, by all partners of a partnership, and by the president if a corporation, and shall set forth:

The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that such business will be carried on in the Township of Roxbury; the local address or addresses, if any, of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what State the same is incorporated.

A declaration as to the number of days during which the proposed business is to be conducted but in no event to exceed 30 days.

The precise place within the township where it is proposed to carry on applicant's business.

Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.

Authorization from the person, firm or corporation that owns or is in possession of the premises upon which the proposed business is to be conducted consenting to the use of the premises for the purpose upon which the application is made.

The name and post office addresses of the persons, firms or corporations from which goods making up the stock to be sold or displayed or purchased are obtained.

The place or places, other than the permanent place of business of the applicant, where applicant within the 12 months next preceding the date of such application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted.

A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant or exhibited in the Township of Roxbury, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; and, where the goods or property proposed to be sold are manufactured or produced, and where such goods or products are located at the time such application is filed.

A brief statement of the nature and character of any advertising that was done, or is proposed to be done, in order to attract customers and, if required by the licensing officer, copies of all such advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to the application as exhibit thereto.

Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the licensing officer may deem proper to fulfill the purposes of this section in the protection of the public good.

The township council may waive all or a portion of the payment of any fee or charge of any charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses of the society and to the charitable or religious objects for which the society exists; or the payment of any fee or charge of any art, antique or historical society that shall conduct an exhibition and sale of art objects, pictures, paintings, prints, historical articles and furniture generally known and designated as antiques and kindred objects; or the payment of any fee or charge of any agricultural show, fair or garden society selling or closing out certain of their exhibits, if such society is a duly incorporated and existing association not for pecuniary profit of this State.

Any individual, corporation or organization which fails to comply with the requirements of this section or any part thereof, or makes a false or fraudulent representation in any statement required by this section to be filed by him, or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire or other accident or disaster, or makes any false statement as to the previous history or character of such personal property, shall be subject to a fine not exceeding five hundred ($500.00) dollars or imprisonment for a period not exceeding 90 days, or both. Any individual, corporation or organization which engages in the activities defined herein without first having obtained a license therefor shall be subject to a fine not exceeding five hundred ($500.00) dollars or imprisonment for a period not exceeding 90 days, or both. Each day of operation without the appropriate license shall be deemed to be a separate offense subjecting the violator to separate penalties as defined herein.

[Amended 5-23-2017 by Ord. No. 12-17; 5-22-2018 by Ord. No. 06-18]

The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering stolen precious metals, gems, gemstones and/or other articles by requiring reasonable reporting, maintenance and distribution criteria for secondhand and transient dealers.

No person shall use, exercise or carry on the business, trade or occupation of purchase, buying, receiving, or selling of any property described in Appendix I of this section,[1] or operate as a dealer of said property within the Township of Roxbury, without having first obtained a license from the Township of Roxbury Police Department as hereinafter provided.

[1]

Editor's Note: Appendix I is included as an attachment to this chapter.

For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings ascribed herein. Words used in the present tense shall include the future, words in the plural number shall include the singular number and words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory.

ACCEPTABLE IDENTIFICATION

Acceptable forms of identification include: a current valid New Jersey Driver's License or Identification Card issued by the New Jersey Motor Vehicle Commission, a current valid photo driver's license issued by another United States state, other verifiable United States government issued photo identification with address, or valid United States passport and evidence of current address. All of the above listed identification procedures require the dealer to capture/record evidence of the person's current address.

APPEAL PANEL

For the purposes of this section, a three-person panel consisting of the Township Manager, a Township Police Officer, and a resident of the Township selected by the Township Manager.

ARTICLE

Any article of merchandise, including any portion of such article, whether a distinct part thereof or not, including every part thereof whether separable or not, and also including material for manufacture, and as so defined in N.J.S.A. 51:6A-1 et seq.

CHIEF OF POLICE

The Chief of Police of the Township of Roxbury or his designee/representative.

DATABASE

A computerized internet capable database with hardware and software compliant with standards set by the Chief of Police.

DEALER

Any person, partnership, corporation, or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells, or otherwise exchanges or trades any secondhand goods, or property as described in Appendix I of this section,[1] and includes anyone advertising the purchase, sale or trade of any of the aforementioned items. "dealer" shall not include a licensed pawnbroker engaging in a Pawn transaction as defined herein; however, "dealer" shall include pawnbrokers as related to transactions for where the pawnbroker purchases, buys, trades or exchanges secondhand goods, or property as described in Appendix I of this section.

GEMSTONES

Those minerals, crystals, and compounds and like substances considered precious or semiprecious and commonly used in jewelry, which include, but are not limited to: diamond, sapphire, ruby, emerald, and garnets.

GIFT CARD

Is a restricted monetary equivalent or scrip that is issued by retailers or banks to be used as an alternative to a nonmonetary gift.

ITINERANT BUSINESS

Any business conducted intermittently within the Township of Roxbury at varying locations.

MUNICIPAL CLERK

The statutory officer whose duties are defined in N.J.S.A. 40A:9-133 and may refer to the duly appointed Clerk of the city, township, village, or borough.

PAWN

A bailment of personal property as security for any debt or engagement redeemable upon certain terms and with the implied power of sale on default; or the lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; or purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehouseman and lending money on goods, wares or merchandise pledged or deposited as collateral security.

PAWNBROKER

Any person, partnership, association or corporation lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; or purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehouseman and lending money on goods, wares or merchandise pledged or deposited as collateral security and licensed with the State of New Jersey pursuant to the pawnbrokering Law, in accordance with N.J.S.A. 45:22-1 et seq.

PERSON

Any individual natural person, partnership, joint venture, business, society, associate, club, trustee, trust, corporation, or unincorporated group, or an officer, agent, employee, servant, factor or any form of personal representative of any thereof, in any capacity, acting for self or on behalf of another.

PRECIOUS METALS

Metals consisting of gold, silver, sterling, platinum and/or their alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq. and/or N.J.S.A. 51:6A-1 et seq.

PUBLIC

Individuals and other retail sellers, not to include businesses engaged primarily in wholesale transactions.

PURCHASE

The exchange of money or other consideration for the sale, conveyance or trade of any secondhand goods, or property as described in Appendix I of this section.[2]

REPORTABLE TRANSACTION

Every transaction conducted by a dealer in which secondhand goods or property described in Appendix I of this section[3] is purchased, traded or exchanged from or with the public, as those terms are defined in this section.

SECONDHAND GOODS

Any article previously sold, acquired, exchanged, conveyed, traded or otherwise formerly owned, including but not limited to scrap gold, old gold, silver, jewelry, coins, home electronics/audio and visual equipment, musical instruments, telephones and telephonic equipment, scales, computers, computer hardware and software, typewriters, word processors, scanners, sporting goods of all kinds, artworks, platinum, all other precious metals, gemstones, tools of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, other valuable articles as listed in Appendix I.[4]

TRANSIENT BUYER

A dealer who has not been in any retail business continuously for at least six months at that address in the municipality where the dealer is required to register. The term "transient buyer" will also include a dealer who intends to close out or discontinue all retail business in the Township of Roxbury within six months, or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors doing business during a community event sponsored/sanctioned by the Township of Roxbury shall not be considered a transient buyer.

[1]

Editor's Note: Appendix I is included as an attachment to this chapter.

[2]

Editor's Note: Appendix I is included as an attachment to this chapter.

[3]

Editor's Note: Appendix I is included as an attachment to this chapter.

[4]

Editor's Note: Appendix I is included as an attachment to this chapter.

No person, partnership, limited liability company, corporation, or other entity shall engage in the business of purchase, buying, selling, or trading of precious metals or other secondhand goods, as defined above, within the jurisdiction of the Township of Roxbury, without having first obtained a license therefore from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in § 4-16.2 above are being bought in any location within the Township of Roxbury shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the Township of Roxbury. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in this § 4-16.

Upon receipt of an application completed pursuant to this § 4-16, the Municipal Clerk shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:

The experience of the applicant in the business of purchase and sale of those articles or goods referred to in § 4-16.3 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience.

The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license.

Any criminal record of the applicant including any past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.

The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall be construed to require denial of any license solely on the ground that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business; however, applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by this § 4-16 will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required hereunder.

The Chief of Police shall complete any investigation within 30 days of the submission of the fully completed application to the Municipal Clerk. If a criminal record check has been requested within the thirty-day period and has not been received by the Chief of Police within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.

The Chief of Police shall, upon completion of the investigation, recommend "grant" or "denial" of the license to the Municipal Clerk, who shall grant or deny the license. Any recommendation of the Chief of Police shall be in writing and, in the case of a recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Municipal Clerk accepts the recommendation of the Chief of Police to deny any license, the applicant shall be notified in writing within 10 days of such denial and the Clerk shall forward to the applicant a statement of the reason or reasons for such denial.

Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the reporting, retention and inspection requirements specified hereunder, or any other portion of this § 4-16. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required.

Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before the Appeal Panel, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving writing notice of denial of a license to act as a dealer of secondhand goods.

Prior to final issuance of a license, a fee of $250 shall be paid to the Township of Roxbury in a manner as directed by the Township Clerk.

A license issued under the provisions of this section shall not be transferable and shall terminate on December 31 of the year in which said license is issued, unless it is renewed pursuant to the provisions of Subsection c below.

On or about November 1 of each year, the Chief of Police shall make available a renewal application for each licensed dealer under this section. Upon submission of the renewal application and required $250 annual fee, the license will be renewed unless the dealer has violated provisions of § 4-16. In such case the Chief of Police will notify the dealer, who may request a hearing as described in § 4-16.4.

Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to § 4-16.10.

Grounds for suspension. The following shall constitute grounds for suspension: violation of any provisions of § 4-16, including failure to comply with any training or fees associated with the electronic database software system in use by the Township of Roxbury; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.

Procedure for suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, and/or selling of precious metals and/or other secondhand goods in the Township of Roxbury until reinstatement.

Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the Appeal Panel.

Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under § 4-16.10.

Ground for revocation. The following shall constitute grounds for revocation: a third violation under § 4-16; a second violation under this § 4-16 less than one year after an earlier violation under this section; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.

Procedure for revocation. Upon determination that appropriate grounds exist and that a revocation is warranted, the Chief of Police or the Chief's designee shall so report to the Municipal Clerk in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. The Appeal Panel shall review the stated grounds for revocation and the panel shall issue an appropriate disposition of suspension, revocation, or reinstatement. If the panel determines that revocation is the appropriate disposition, it shall set forth the grounds for the same in writing in the form of a notice of revocation, which shall be provided to the dealer. The notice shall advise the dealer of the right to appeal. If the panel determines that suspension is the appropriate disposition, it shall provide the dealer with a notice of suspension that shall advise the dealer of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating as a dealer of precious metals or other secondhand goods within the Township of Roxbury.

Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall be entitled to a hearing before the Appeal Panel, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such suspension or revocation. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of revocation or suspension of license.

A dealer shall have the right to change the location of the licensed business within the Township of Roxbury, provided that he or she notifies the Municipal Clerk, in writing, of the street address of said new location.

Every dealer within the Township of Roxbury shall, upon the purchase, or receiving for consignment, of any secondhand property, article, or property described in Appendix I[1] of this section from the public, as this term is defined in § 4-16.2, be required to:

Record using a unique transaction number and/or receipt number; the name, address and telephone number of the seller or sellers; the time and date of the transaction; the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the precious metals; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq. and any property containing a serial number.

Obtain a declaration of ownership from each seller, which shall contain the following certification: "My signature confirms that I am the sole legal owner and legally authorized to sell the article, item and/or goods being sold. By signing below, I certify that I did not obtain, nor possess, the article, item and/or goods being sold through unlawful means. I am at least 18 years of age and the identification presented by me is valid and correct."

Document, through use of an electronic database software system as designated by the Chief of Police, the information as required by this section. These records shall be subject to the inspection of any sworn police officer acting in the performance of their duties.

Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, enter all transactions into the electronic database within 48 hours from the date of purchase including the following information:

The name, address, date of birth, telephone number, and governmental identification number of the seller;

A full description of property sold by the seller, including, but not limited to, marks, numbers, dates, sizes, shapes, initials, monograms and serial numbers, face value and identifying numbers of gift cards;

The price paid for the property;

The entry must include the name of the Clerk or the dealer who made the transaction so as to readily identify that individual.

A color photograph or color image of the seller's presented governmental photo identification scanned into the transaction record.

A color photograph or color image of all property sold scanned into the transaction record. When photographing or imaging, all property must be positioned in a manner that makes it readily and easily identifiable.

All of the above described property cannot be sold or disposed of and shall be made available for inspection by any sworn police officer in the performance of their duties for a period of 15 business days from the date the information required above is received by the Chief of Police in the prescribed electronic format. The property shall remain in the same condition as when purchased and shall not be changed, modified, melted or disposed of by the dealer until the fifteen-day period has expired. If the property is such that it would create a hardship on the dealer by holding the property for such period, the dealer may present the property to the Chief of Police in order that it may be photographed and, if deemed necessary by the Chief of Police, an investigation be implemented. The Chief of Police has the authority to grant the dealer a waiver of the requirement under this section.

In the event of a database failure or dealer's computer equipment malfunctions, all transaction information is required to be submitted to the Chief of Police within 24 hours of purchase and on paper forms approved by the Chief of Police. In the event that paper forms are used, the dealer is responsible to enter all required transaction information described in § 4-16.7 into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and may result in the revocation of the dealer's license under § 4-16.5 of this section.

It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Roxbury Police Department or any other sworn police officer acting in the performance of their duties to examine any database, book, ledger, or any other record on the premises relating to the purchase of any article, secondhand good, or property from the public as defined in this section. Itinerate businesses shall be responsible to notify the Chief of Police the address where records and purchased articles shall be stored. Roxbury Township police officers are empowered to take possession of any property known by a police officer or official to be missing or to have been stolen, or where the officer or official has probable cause to believe the article is missing or stolen. A receipt will be provided to the dealer for any property seized by the Roxbury Township Police Department. Upon probable cause that the article, secondhand good or property being held by a dealer are stolen, and providing that the seller signed the certification as required in § 4-16.7.2 upon the sale, a law enforcement officer shall charge the seller with theft by deception in accordance with N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered a "victim" of the offense for purposes of N.J.S.A. 2C:43-3 and subject to restitution under N.J.S.A. 2C:44-2.

All dealers shall maintain records of purchases for at least five years in the form prescribed in this section.

[1]

Editor's Note: Appendix I is included as an attachment to this chapter.

This section shall not apply to purchases made by dealers from wholesalers or other legitimate suppliers, but shall only apply to those purchases made from the public which includes other retail sellers as defined in § 4-16.2. The dealer shall keep records of all wholesale purchases for a period of six months from the date of such purchase, which records shall be opened to investigation by the Roxbury Township Police Department or any sworn police officer in the performance of their duties. Further, this section shall not apply to the following transactions:

Judicial sales or sales by executors or administrators;

Occasional or auction sales of household goods sold from private homes;

Auctions of real estate;

The occasional sale, purchase, or exchange of coins or stamps by a person at his permanent residence or in any municipally owned building who is engaged in the hobby of collecting coins or stamps and who does not solicit the sale, purchase, or exchange of such coins or stamps to or from the general public by billboard, sign, handbill, newspaper, magazine, radio, television, or other form of printed or electronic advertising;

Purchase, sale or consignment of furniture and clothing;

Pawn transactions by a licensed pawnbroker.

No dealer within the Township of Roxbury shall purchase any property as defined in Appendix I[1] from any person under the age of 18 years.

[1]

Editor's Note: Appendix I is included as an attachment to this chapter.

Violation of any provision of this section shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 and/or by imprisonment for a term not exceeding 90 days and/or by a period of community service not exceeding 90 days or any combination thereof. Each and every violation shall be considered a separate violation. Each day that a violation continues shall be a separate violation. Each violation shall result in a ten-day suspension of the dealer's license under this section.

The purpose of this section is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm equipment whether by producing a visual or audible signal or whether by direct line, radio, telephone or other means actuating a device at the police headquarters of the township and requiring response thereto by the police department, fire department, or other municipal agencies.

The provisions of this section shall apply to alarm businesses and to any person who operates, maintains or owns any alarm device, dial alarm 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.

"Alarm business" shall mean any business operated by a person for a profit which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing, or responding to an alarm system, or which causes any of these activities to take place.

"Alarm console" shall mean the console or control panel of devices giving a visual or audio response or both and located within the confines of the police or communications department of the township.

"Alarm device" shall mean any type of alarm system actuating equipment in the alarm console providing warning of intrusion, fire, smoke, water flow, flood or other peril.

"Alarm installation" shall mean any alarm system or combination of systems installed for one or more buildings at a location other than the alarm console.

"Alarm system" shall mean equipment or a device or an assembly of equipment and devices designed to signal the presence of an emergency or a hazard requiring urgent attention and to which the police or fire department may be expected to respond. In this section, the term "alarm system" shall include the terms "alarm devices", "local alarms", and "dial alarms", as those terms are herein defined.

"Dial alarm" shall mean any type of alarm system using telephone lines transmitting an alarm directly through the police switchboard providing warning of intrusion, fire, smoke, water flow, flood or other peril.

"False alarm" shall mean any alarm or signal of an alarm system actuated by inadvertence, negligence, intentional or unintentional act of a person other than an intruder and including as well alarms caused by mechanical failure, malfunctioning or improper installation of the alarm system and related equipment, but not including alarms created by mechanical failure, malfunctioning or improper installation of the alarm console, or telephone lines over which the alarm user or alarm company has no control.

"Licensee" shall mean an alarm business licensed according to the provisions of this section.

"Local alarm" shall mean any alarm system which when actuated produces a signal not connected to the alarm console or the police switchboard, such as store burglar alarms actuating bell devices providing warning of intrusion, fire, smoke, water flow, flood or other peril. The term "local alarm" shall not include an alarm equipment designed to signal solely within the building (or series of buildings if owned by the same person) on which it is located and which is not designed to emit signals visible or audible to persons outside such building (or series of buildings),

"Governing body" shall mean the council of the Township of Roxbury.

"Permittee" shall mean any person owning an alarm device who has obtained a permit according to the provisions of this section.

"Police chief or his designated representative" shall mean:

Police chief - the police chief or acting police chief of the township.

Designated representative - any person designated by the police chief to perform a function required or permitted by the provisions of this section. The term "designated representative" shall be limited to members of the township police department or employees of the township assigned to and working in the communications department.

"Police department" shall mean the township police department.

"Registrant" shall mean a person owning a local alarm or dial alarm who has registered the local alarm or dial alarm according to the provisions of this section.

"ANSI" shall mean the abbreviation for American National Standards Institute.

"UL" shall mean the abbreviation for Underwriter's Laboratories.

"NFPA" shall mean the National Fire Protection Association.

When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

[1]

Editor's Note: Former subsection 4-17.4, Alarm Console, previously codified herein and containing portions of Ordinance No. 8-82 was repealed in its entirety by Ordinance No. 21-91.

The township shall be under no duty or obligation to any permittee or to any alarm console licensee hereunder. The alarm console and allied equipment are maintained at will and are subject to termination at any time by cancellation of the system by ordinance duly adopted by the township council and any individual permit issued hereunder may be revoked at any time by the township council upon recommendation of the chief of police provided 30 days notice is given in writing to the permittee.

No person shall operate an alarm business, or solicit such business, within the township, without first having obtained a license, as provided herein.

Any person seeking to operate an alarm business in the township at any time after the effective date of the ordinance shall apply, on a form to be furnished by the police chief or his designated representative to the licensing official for a license to operate such business. Businesses which sell only alarms, and which perform no other alarm service, maintenance or installation, shall not be required to obtain a license under this section.

An application for a license under this section shall be signed by an authorized representative of the applicant and shall contain:

The name, address and telephone number of the alarm business.

The names, addresses and telephone numbers of the owner or owners of the alarm business and, if the applicant is a corporation, the names and addresses of the directors, officers, and stockholders who hold more than 20 percent of the outstanding shares.

Information as to whether the applicant has satisfactory financial and personal references indicating the ability to comply with the terms of this section.

A complete list of all criminal convictions, except minor traffic violations, of the applicant or owner, partner, officers or local office manager of applicant.

A description of services to be provided by the applicant if a license is granted; and

Such further information as may be required by the township council or the police chief of the township.

An applicant for a license, or a licensee if a license is granted, shall notify the licensing official in writing of any substantial change in the information contained in the license application within ten days of such change.

Applications for licenses shall be accompanied by a non-refundable fee as set forth in Chapter XXIV, subsection 24-4.1 to cover the costs involved in processing the application and investigating the applicant.

Within 60 days after the filing of an application for a license, the police chief, or his designated representative, shall notify the applicant of his decision to approve or deny the application and shall, in the case of approval, notify the applicant that, upon payment of the required fee, the applicant will be issued a license.

No application shall be denied by the police chief, or his designated representative, unless he determines that the applicant has not demonstrated the ability to comply with the terms of this section, that the applicant, or any owner, partner, officer or local office manager of the applicant, has a record of criminal convictions, or for other just cause. The reason for the denial shall be specified in the notification to the applicant.

If an application has been denied, the applicant may appeal the denial to the township council by filing a notice of appeal with the township clerk within ten days after receipt of the notice of denial. The notice of appeal shall specify the grounds upon which he relies in contending that the denial was in error. A hearing of the notice of appeal shall be held by the township council within 35 days after the filing thereof and the applicant shall be afforded at least five days notice of the hearing date. The applicant, or his representative, may make an oral or written statement of his appeal to the township council, which shall notify the applicant in writing of its decision within seven days after the hearing date. The decision of the council shall be final.

The annual fee for a license under this section shall be as set forth in Chapter XXIV, subsection 24-4.1.

The term of a license under this section shall be five years.

Any alarm business doing business in the township on the date of final adoption of this ordinance may continue to do business while its application for a license is being processed. In the event a license is denied, the alarm business shall cease and desist from doing business upon receipt of the notice of denial from the licensing official, except where an appeal is taken, as provided in paragraph h. of this subsection, in which case the alarm business shall cease and desist from doing any further business upon receipt of any decision of denial from the township council.

For any such license granted hereunder, the licensee shall assume all liability and agree to indemnify and save harmless the Township of Roxbury, its agents and employees and the township police department for any liability in connection with the operation of the alarm business and in conjunction therewith shall furnish annually to the township clerk a noncancellable insurance certificate indicating liability coverage in an amount not less than one million ($1,000,000.00) dollars.

In addition to any penalties which may be imposed for the violation of certain provisions of this section, the township may, pursuant to the provisions of this section, revoke the license of an alarm business on any of the following grounds:

Fraud or willful and knowing misrepresentation or false statement made in an application for a license.

Fraud or willful and knowing misrepresentation or false statement made in the conduct of an alarm business.

Failure to correct any deficiencies in equipment or operation within 30 days after receipt of notice of same from the police chief or his designated representative.

Failure to comply within a reasonable time with any order or notice issued by the police chief, or his designated representative, or failure, after reasonable notice, to permit the police chief, or his designated representative, to inspect any lists which he is authorized to inspect under this section, or failure to comply with the provisions of this section within a reasonable time, not less than 30 days, after notice or order from the police chief, or his designated representative.

No alarm business license shall be revoked until a hearing is held by the police chief, or his designated representative. Written notice of the time and place of the hearing shall be served on the licensee at least ten days before the date set for the hearing. The notice shall set forth a summary of the grounds advanced as the basis of the revocation of the license. The licensee shall be notified in writing of the decision as to revocation of his license within ten days after the hearing.

Any person whose license is revoked under this section shall have the right, within ten days after receiving notice of revocation, to appeal the revocation to the township council by filing a notice of appeal with the township clerk. The notice of appeal shall set forth in detail the specific ground or grounds on which it is based. The township council shall hold a hearing on the appeal within 30 days after the filing thereof and shall cause the appellant to be given at least ten days written notice of such hearing. At the hearing the appellant, or his representative, shall have the right to present a written or an oral argument, or both, in support of his appeal. The township clerk shall notify the licensee of its decision on the appeal within ten days after the hearing. The decision of the township council shall be final.

Within ten days after an alarm business received notice of revocation of its license, or after it has exhausted all appeals provided for in this section with respect to such revocation, it shall notify, by certified mail, return receipt requested, all persons for whom it is required to maintain a list pursuant to subsection 4-17.10 of such revocation, and the notice shall advise such persons that the alarm business must cease providing service for alarm systems to such persons within 30 days after the date it received notice of revocation or after the date it received notice of the decision of an appeal to the township council. When the notice required by this paragraph has been completed, the alarm business shall submit a sworn certificate to the police chief, or his designated representative, that it has met the requirements of this paragraph.

An alarm business licensee may continue to operate his business for a period of not more than 30 days after a notice of revocation has been received or after all rights of appeal provided in this section have been exhausted, whichever is later.

No person shall install or operate an alarm device or a local alarm, at any time after the expiration of 90 days from the effective date of this section without first having obtained a permit as provided hereunder.

An application for a permit under this section shall be signed by an authorized representative of the applicant, shall be made on forms furnished by the police chief, or his designated representative, and shall contain at least the name of the applicant, the address of the residence or businesses in or upon which the alarm device has been or will be installed, telephone number of the applicant, the type of device, and licensed alarm business or business selling, installing, monitoring, inspecting, servicing, responding to and/or maintaining the alarm device, and the name and telephone number of at least two other persons who can be reached at any time, day or night, and who are authorized to respond to an alarm signal and who can open the premises in which the system is installed.

Any permit or registration granted hereunder shall be accepted upon the express condition that the permittee or registrant shall indemnify and hold the Township of Roxbury harmless for and on account of any and all damages arising out of the activities of the permittee or registrant or its alarm contractor, and arising out of the operation or failure to operate the alarm system on the permittee's or registrant's premises, and arising out of the operation or failure to operate the police alarm console.

Any person who installs an alarm system after the date of final adoption of this section shall submit with the application a certificate of a licensed alarm business, or if the system was installed by a person other than a licensed alarm business, the approval of the police chief, or his designated representative, stating that the alarm system complies with all standards prescribed in this section.

The approval by the police chief, or his designated representative, shall be for the purposes of compliance with the provisions of this section only, and shall not constitute a warranty or representation as to the fitness or quality of such equipment by the police chief, his designated representative, the police department, or the township or their employees or agents.

Within six months after final adoption of this section all alarm devices, local alarms and dial alarms installed in commercial or public buildings shall utilize equipment and methods for installations substantially equivalent to or exceeding the minimum applicable UL, ANSI or NFPA standards and standards of the New Jersey Uniform Construction Code.

Within six months after final adoption of this section all alarm devices, local alarms and dial alarms installed in one or two family residences shall utilize equipment which shall be installed in a safe, reliable, and workmanlike manner.

The equipment or hardware used and/or the manner of installation of alarm devices, local alarms and dial alarms may correspond to any of the several levels of protection or grades

of service listed in the applicable standards, provided, however, that persons using such equipment shall not be required to provide protection for all of the areas or openings which may be required to be protected by the applicable standards.

In those instances where UL, ANSI, and/or NFPA have not established standards for categories of equipment or where new equipment is undergoing field testing, the police chief, or his designated representative, may require that the alarm system, be inspected at the expense of the alarm user by a professional electrical engineer who shall certify whether the alarm system appears to be safe and reliable.

No township employee shall knowingly and willfully reveal any business information obtained during an inspection other than for official police business or for the administration and enforcement of this section.

Within 90 days of the final adoption of this section all licensed alarm businesses shall be registered with the police chief or his designated representative. The registration shall include at least the name and address of the alarm business, the names and addresses of all employees, criminal convictions, if any, of the employees, and such other information as may be prescribed by the police chief or his designated representative.

No employee of an alarm business shall, and no alarm business shall, permit an employee to perform any functions of an alarm business within the township without first being registered as required in this section,

The police chief, or his designated representative, shall issue identification badges or cards to all registered employees of licensed alarm businesses. The identification badge or card shall be displayed by the employee upon entering any premises for the purposes of performing any functions of the alarm business. If the employment of a registered employee is terminated, the badge or card shall be returned to the police chief, or his designated representative, within five calendar days after such termination.

A licensed alarm business shall be responsible for filing all permit applications, shall maintain a list of current customers for which it is responsible and shall file such lists, and all amendments thereto, with the police chief.

Local alarms shall be registered in accordance with the provisions of this section. In addition thereto, those persons having local alarms shall be required to leave with the police department the name of two persons who can be reached in order that the device can be temporarily disconnected when necessary. In the event of a malfunction of the equipment and no person can be located to secure the device then the owner shall be liable to pay a penalty of twenty-five ($25.00) dollars. Notwithstanding the aforesaid, in the event that police have to respond to a false alarm, the penalties for false alarms prescribed in this section shall apply.

Dial alarm devices shall be permitted only under the following conditions:

All owners of dial alarms shall register the same on or before the expiration of 90 days after the adoption of this section in the manner prescribed under subsection 4-17.8b for applications for alarm device permits.

No dial alarm devices shall be registered until a test alarm has been made by the owner in conjunction with the chief of police, or his designated representative.

No dial alarms shall be permitted unless they are of a type approved by the chief of police in accordance with the requirements of subsection 4-17.9. Any such equipment shall have the approval of the New Jersey Bell Telephone Company or its successor.

All dial alarms shall be coded to dial the private police emergency number, as designated by the chief of police.

Any dial alarm device shall be coded as well to notify a relative, neighbor, or other third party who will be disclosed in the registration of the equipment as required by this section, and who is authorized to respond to the emergency message and open the premises on which the dial alarm is installed.

All dial alarms shall be capable of being disconnected to enable the owner or authorized representative of the owner to call the police switchboard to indicate that a false alarm has occurred.

Owners of dial alarm devices shall be governed by the false alarm procedures and penalties set forth in this section.

In the event that any person has a dial alarm device in existence on the general police number, he shall have 30 days in which to convert to the private number used for dial alarms and pay all fees due. Any person who does not comply shall be liable to a penalty payable to the Township of Roxbury in the amount of fifty ($50.00) dollars for each day that such person remains in violation of this subsection.

The contents of any recorded message from a dial alarm device shall be intelligible and in a format approved by the chief of police, shall state the location and nature of the alarm conditions, and shall not exceed 15 seconds in length.

Upon a single stimulus, the dial alarm may place two separate calls to the private police number for dial alarm systems. No such message shall be transmitted more than two times as a result of a single stimulus of the mechanism. There must be at least three minutes between the completion of the first call and initiation of the second, and the second call shall be clearly identified as the second call. After the second call, the device shall automatically disconnect itself.

The time gap of any alarm device between acknowledgment of the call at the police switchboard and delivery of the recorded message shall not exceed five seconds.

Every alarm business selling or leasing to any person a dial alarm which is installed on such person's premises in the township after the effective date of this section shall furnish that person with instructions that provide adequate information to enable persons using such device to operate it properly, and if the device is to be serviced or maintained by another alarm business, shall furnish such other alarm business with a manual or other information necessary to enable it to service or properly maintain such device.

If the police chief, or his designated representative, determines that such information is incomplete, unclear or inadequate, he may require the alarm business to revise the information to meet his approval, and then to distribute the revised information to persons who have such devices installed as well as to persons subsequently having such devices installed.

Any information required to be distributed under this section shall also be filed with the police chief or his designated representative.

All fire alarm systems shall be installed in accordance with the fire prevention laws of the township.

Any unauthorized equipment may be disconnected by order of the chief of police, or his designated representative, for noncompliance with this section. 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 permittee, by acceptance of the permit, and any registrant, shall be deemed as having consented to inspection of the premises on which the alarm devices, local alarms or dial alarms are installed, at reasonable hours by the chief of police or his designated representative.

It shall be unlawful for an alarm device, dial alarm or local alarm to ring or put forth any other sound for a period in excess of 40 minutes. Any violation of this requirement shall be punishable by a fine of not more than fifty ($50.00) dollars for each violation.

Any person testing any alarm covered under the terms of this section shall notify the police department immediately prior to and after the testing is completed. Failure to do so shall subject such person to the penalties provided for false alarms in subsection 4-17.15.

The sensory mechanism of alarm devices, local alarms and dial alarms shall be adjusted in order to suppress false indications and so as not to be actuated by impulses due to pressure changes in water pipes, short flashes of light, wind, noises, rattling or vibration at doors or windows or other forces unrelated to general alarms.

All components of alarm 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 his designated representative, may demand that such device be disconnected until such time as compliance with current requirements is re-established.

When an alarm business disrupts service to its subscribers, for any reason, or if the alarm business otherwise becomes aware of any disruption, it shall promptly notify the subscriber and the police department that protection is no longer being provided. If, however, the alarm business has written instructions from its subscribers not to make such notification by telephone during certain hours, the alarm business may comply with such instructions.

All fees required by this section shall be due and payable on January 1 of any calendar year. All fees required by this section shall be paid to the licensing official.

In the case of all false alarms except false fire alarms as regulated under Chapter X, Fire Prevention, of the Revised General Ordinances of Roxbury Township, any person having knowledge thereof, shall immediately notify the police department in a manner to be prescribed by rules and regulations promulgated by the chief of police, or his designated representative. The chief of police or his designated representative, shall cause an investigation to be made and shall keep a record of all false alarms on file.

For false alarms, the township council prescribes the following penalties:

Alarm #	Residential False Alarms	All other False Alarms
For the first through the fifth false alarm within the same calendar year	Warning Only	Warning Only
For the sixth false alarm within the same calendar year	$35	$50
For the seventh false alarm within the same calendar year	$45	$75
For the eighth false alarm within the same calendar year	$55	$100
For the ninth false alarm within the same calendar year	$65	$125
For the tenth false alarm within the same calendar year	$75	$150
For the eleventh or greater false alarm within the same calendar year	$100	$250

Notwithstanding the penalties prescribed in paragraph b. above, whenever any person shall be levied an administrative penalty for 11 or more false alarms per year in any two consecutive years, any subsequent violation, in any year, shall result in an administrative charge of one hundred ($100.00) dollars per false alarm.

The chief of police may promulgate rules and regulations supplementing this section in order to provide for record keeping, efficient management and administration of the system provided, however, that the township council shall first approve the rules or any changes thereto.

Any person, firm, or corporation found guilty in the municipal court of the township for violation of the terms of this section shall be subject to a fine as stated in Chapter III, subsection 3-1.1 et seq. provided, however, that any violation of this section for which a fine or penalty has been provided in a subsection thereof shall be subject to the fine or penalty provided in that subsection and this subsection shall not apply.

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 23-94, 29-04.

As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL COMPLEX

shall mean any configuration of one or more retail and/or service establishments.

SOLICITATION OR SOLICIT

means the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind of value. Solicitation shall include, but not be limited to, the use of employment of canisters, cards, receptacles, or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.

No person, firm, partnership, corporation, whether for profit or not for profit, shall place or cause to be placed a receptacle within the Township of Roxbury without having first obtained a permit from the township's zoning officer nor may such entity continue to place a receptacle without annual permit approval. In no event shall a receptacle be placed on residential property or in a residential district.

An application for a permit shall include the following information:

The location where the bin would be situated, as precisely as possible and should include a to-scale property survey showing the proposed bin location;

The manner in which the applicant anticipates any clothing or other donations collected via the bin would be used, sold or dispersed, and the method by which the proceeds of collected donations would be allocated or spent;

The name, address and telephone number of the bona fide officer of the applicant and of any entity which may share or profit from any clothing or other donations collected via the bin;

The schedule of pickups removing the articles from the bins, which can be no less often than once per week, and the name and telephone number of the person to be notified if the bin is overflowing prior to the scheduled date of pickup; and

Written consent from the property owner, or the owner's authorized representative, to place the bin on his/her property.

A permit to place, use, or employ a receptacle for discarded clothing will not be issued if the application is incomplete or if the Zoning Officer, with input from other departments, determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but are not limited to, the placement of a receptacle for discarded clothing in parking spaces, in any area that interferes with pedestrian or vehicular traffic, or any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.

The fee for such application for the permit shall be as provided for in Chapter XXIV, Fees.

An expiring permit for a receptacle for discarded clothing may be renewed on an annual basis upon payment of the fee as provided for in Chapter XXIV, Fees. The application shall include the following information:

The location where the bin is situated, as precisely as possible, and, if applicant intends to move it, the new location where the bin would be situated after the renewal is granted;

The manner in which the entity has used, sold or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the entity anticipates it may make in these processes during the period covered by the renewal;

The name, address and telephone number of the bona fide officer of the applicant and any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal;

Written consent from the property owner, or the owner's authorized representative, to place the bin on his/her property.

No more than three receptacles shall be located within any commercial complex.

Each receptacle shall not exceed five feet in depth, eight feet in width and six feet in height.

Each receptacle shall have an identifying logo, the name, address and phone number of the owner or owner's agent as well as wording describing the use or purpose of the receptacle and the information required to be displayed on the bin in N.J.S.A. 40:48-2.61.

The receptacle shall be located in such a manner that it will not be necessary to park in a driveway or on an access drive for parking stalls while depositing used clothing.

The receptacles shall not be placed in any parking spaces, roadways, sidewalks and/or walkways or in any buffer areas and shall be no closer than ten feet to any property line.

The areas adjacent to the containers shall be kept clear of all boxes and debris.

The receptacles shall be permitted in side and rear yards but not within front yard setbacks.

The receptacles shall not be located in a parking stall designated to meet the parking requirements of the on-site uses.

The receptacles shall not be permitted where placement could constitute a safety hazard. Such hazards shall include, but not be limited to, placement within 100 yards of any place which stores large amounts of, or sells, fuel or any other flammable liquids or gases.

The receptacles shall be maintained in a clean, sanitary condition, painted and in good working order. Each receptacle shall be emptied as frequently as needed to prevent overflow and comply with the standards of this section but in no event less than once per week.

The following information shall be clearly and conspicuously displayed on the exterior of the receptacle for discarded clothing:

The permit number and expiration date;

The information required to be displayed on the bin in N.J.S.A. 40:48-2.61.

The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public about a clothing bin.

Whenever it appears to the zoning officer that a person or entity has engaged in, or is engaging in any act or practice in violation of this section, the entity who placed the bin shall be issued a warning, stating that if the violation is not rectified or if a hearing before the zoning officer is not requested within 45 days, the clothing bin will be seized or removed at the expense of the entity who placed the bin, and the bin and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person or entity who placed the bin, such warning shall be affixed to the exterior of the bin itself. In the event that the entity who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the zoning officer may order the bin seized, remove it, or have it removed at the expense of the entity who placed the bin, and sell it at public auction or otherwise dispose of the bin and any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the chief financial officer of the township.

In addition to any other penalties or remedies authorized by law, any person or entity who violates any provision of this section shall be a) subject to a penalty of up to twenty thousand dollars ($20,000.00) for each violation pursuant to N.J.S.A. 40:48-2.60 et seq. The township may bring this action in the Municipal Court or the Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999. Any penalty moneys collected therefrom shall be paid to the chief financial officer of the township. An entity violating this section shall be deemed ineligible to place, use, or employ a receptacle for discarded clothing for solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et seq. An entity disqualified from placing, using, or employing a receptacle for discarded clothing by violating the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the zoning officer to have eligibility restored. The zoning officer may restore the eligibility of an entity who a) acts within the public interest; and b) demonstrates that they have made a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations and has no fraudulent intentions.

[Amended 5-9-2017 by Ord. No. 10-17]

As used in this section, the following terms shall have the meanings indicated.

GOVERNING BODY

The governing body of the Township of Roxbury.

HEAVY DUTY TOWING

The towing/removal of a vehicle with a registered gross weight of 15,001 pounds or more.

LIGHT DUTY ROAD SERVICE

Minor maintenance, such as changing a tire, supply of fuel or water, jump starting a vehicle or unlocking a vehicle, with a registered gross weight of 15,000 pounds or less.

LIGHT DUTY TOWING

The towing/removal of a vehicle with a registered gross weight of 15,000 pounds or less.

MUNICIPALITY

The Township of Roxbury.

OWNER

A person, firm or corporation who owns and/or operates a vehicle by reason of being disabled or unlawfully upon said roads which requires towing services.

POLICE

The Police Department of the municipality and/or the State Police and/or County Police or such other police as may have jurisdiction upon the roadways on which the vehicle may be found in this municipality.

POLICE CHIEF

The Chief of Police of the Township of Roxbury or in his absence or disability the next highest ranking officer.

POLICE DEPARTMENT

The Police Department of the Township of Roxbury.

TOWING OPERATOR

A person, firm or corporation engaged in the business of providing wrecker services and storage services for vehicles towed, which services are made available to the general public upon such rates, charges and fees as determined by this section and who is licensed under the provisions of this section.

WINCHING

The process of moving a vehicle by the use of the tow cable from a position that is not accessible for direct hook-up by conventional means for loading onto a tow vehicle. "Winching" shall not mean pulling a vehicle onto a flatbed or carrier or lifting a vehicle with a conventional tow truck. Winching will only be done in unusual cases where the location of the vehicle prevents the operator from being able to reach the vehicle with the cable and pull the vehicle onto the tow truck.

WRECKER

A vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying or removing any and all kinds of vehicles, or parts of vehicles, which are unable to be operated under their own power for which a service charge or fee is assessed.

No towing operator shall operate within the municipality without obtaining a license in accordance with the provisions of this section. Specifically exempt from this license requirement is the towing, transporting, conveying or removing of vehicles from private property within the municipality or by towing operators which are directly and privately engaged or designated by the owner of the vehicle to be towed, transported, conveyed or removed.

Equipment requirement. No license shall be issued to a towing operator who does not possess for utilization in its business the following equipment, which equipment shall be inspected by the police chief or his authorized representative prior to a license being issued and a report of said inspection furnished to the governing body. Said equipment shall be designated as follows:

All towing operators must own or lease and have available at least one conventional tow truck or one flatbed tow truck.

The minimum safety equipment to be carried on all trucks shall include universal towing sling; low hooks and chains; one snatch block for three-eighths to one-half-inch cable; two high-test safety chains; auxiliary safety light kit to place on rear of towed vehicle; four-lamp or three-lamp revolving amber light; tool box with assortment of hand tools; rear working lights and rear marker lights; cab lights; body clearing lights located to clear towed vehicle; blocking choke for wrecker while working; safety cones; steering wheel lock or tie down; two-way radio communication system.

All towing operators' trucks shall be equipped with radio communications or beepers, enabling them to maintain contact with their places of business.

All towing operators' trucks shall be equipped with brooms and shovels for the purpose of clearing debris off roadways.

All towing operators' trucks shall have the name, address and telephone number of the towing operator on each side of the vehicle in letters and numbers at least three inches in height.

The towing operator's principal place of business shall mean where the tow vehicle is stationed when not in use and shall meet the following standards:

It shall be located within the boundaries of the municipality.

It shall have telephone equipment able to handle more than one incoming call.

Storage area. A towing operator shall own or lease a storage area for the placement of towed vehicles, which area shall meet the following standards:

It shall be located within the boundaries of the municipality.

It shall be located in an area permitted by the applicable Zoning Ordinance and meet all applicable zoning requirements.

It shall be lighted at night.

It shall always have available vacant space for at least five vehicles.

It shall be available 24 hours a day, 365 days per year and open to the public on weekdays during normal business hours which are designated as 8:00 a.m. to 5:00 p.m. and limited hours on Saturdays and Sundays which are designated as 8:00 a.m. to 12:00 noon.

Application. Every applicant for a license shall submit the completed municipal application together with the required fee to the clerk of the municipality. The application shall include the following information:

The name of the person, firm or entity making the application, his or its residence and business address and telephone number.

A full description of all licensed towing vehicles that will operate in the municipality together with a colored two-inch-by-three-inch photograph of same.

A list of all equipment maintained on each tow vehicle.

A copy of the insurance policy in force and statement from the insurance company and/or its agent that said policy is in full force and effect.

Whether the applicant, or any shareholder, officer or employee of the applicant has been convicted of any crime involving moral turpitude, and if so, the nature and details of the offense.

A list of all employees together with photostats of their drivers' licenses that will operate tow vehicles in the municipality.

A sworn statement or affirmation by the person signing the application that the information therein given is full and true and known to him to be so.

The full description of the storage facility, including the owner thereof, its address, size, location, type of enclosures and a photograph of same. If not owned by the applicant, attach a copy of the lease.

Investigation of application. Upon receipt of the application, required fee and documents, the clerk shall forward it to the Police Chief who shall investigate the information contained therein and submit his report to the governing body within 30 days from the receipt thereof by the clerk setting forth his recommendation and reasons why the license should or should not be issued.

Issuance of license by governing body. Upon its review of the report of the police chief, the governing body shall either grant or deny the license to the applicant. In the event the report of the police chief raises concerns regarding the qualifications of the applicant, an opportunity shall be given the applicant to demonstrate, to the satisfaction of the governing body, that they are thoroughly qualified and experienced in the towing and removal of vehicles and that they have the facilities, equipment, expertise, licensing, personnel and storage areas to perform the services required in a manner satisfactory to the governing body.

The schedule of fees for a towing operator's license shall be as set forth in Chapter XXIV, Subsection 24-4.1.

Fees paid pursuant to this section shall not be refundable for any reason.

The fees shall be for a full year term and there shall be no pro rata reduction in the fee.

All licenses issued shall be for a period of one year, regardless of the date of application and shall commence on June 1 of the year of said application and run until May 31 of the succeeding year.

In accordance with N.J.S.A. 40:48-2.49 and to assure for safe and efficient towing service throughout the municipality, all qualified towing operators shall be issued a towing license. There shall be no limit on the number of licenses to be issued by the municipality.

Indemnity. The tow operator shall indemnify and hold harmless the municipality and any of its agents, officers and employees from any and all claims for personal injury or property damage against the municipality, its agents, officers and employees arising out of the operation of any towing services or repair services under this section. The tow operator shall further defend the municipality, its agents, officers and employees, at the tow operator's expense, in connection with any claim, demand, suit or action brought against the municipality, its agents, officers and employees and arising out of the operation of any towing, storage facility, garage or repair service under this section and any license issued pursuant thereto.

Insurance.

The tow operator shall be required to maintain during the life of the license comprehensive general liability insurance, comprehensive automobile liability insurance and worker's compensation insurance with limits of not less than those set forth below:

(a)

Comprehensive general liability insurance. Limit of liability shall not be less than $1,000,000 combined single limits (bodily injury and property damage) per occurrence and aggregate including premises operations and products/completed operations.

(b)

Automobile liability insurance. Limit of liability shall not be less than $1,000,000 combined single limits (bodily injury and property damage) per occurrence.

Note: Liability insurance policies shall be specifically endorsed to provide collision insurance, for vehicles in tow.

(c)

Worker's compensation insurance. Statutory coverage including liability coverage with a limit of at least $500,000.

(d)

Excess umbrella in the amount of $2,000,000 giving protection in excess of the $1,000,000 general and auto liability coverage.

(e)

On all liability policies the municipality shall be named as additional insured, and insurance certificates shall indicate such coverage.

(f)

The tow operator shall provide the municipality with certificates of insurance evidencing the coverage required above. Such certificates shall provide that the municipality be given at least 30 days' prior written notice of any cancellation of, intention not to renew, or material change, in such coverage.

(g)

Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the license and shall operate as an immediate revocation thereof.

The following rules and regulations shall apply:

The governing body hereby designates the police department generally as its specific designee and the police chief particularly as the supervising authority to enforce the provisions of this section, as well as the rules and regulations adopted with the ultimate authority vested in the governing body.

Prior to license renewal, each towing operator licensed shall be inspected for fitness by a representative of the police department and shall appropriately complete a new application for each year.

Each licensed towing operator at all times shall maintain and carry the necessary equipment to remove disabled or locked vehicles.

Each towing operator, prior to departure from the scene of towing services, shall clean and clear the streets of any customary debris resulting from any accident at such scene and shall at all times carry the necessary equipment to perform such cleaning services.

No towing operator licensed hereunder shall respond to the scene of an accident except upon the request of the driver or owner of the vehicles involved or except upon notification through the channel of communication established by the police department to notify licensed towing operators of the necessity of their presence.

Refusal to tow at the scene of the towing and the type of car refused shall be reported by the police officer assigned to the incident to his superior. The report of refusal shall be furnished to the police chief as soon as practicable.

Towing operators shall arrive at the scene to which dispatched within a reasonable time after being dispatched. Under normal circumstances, such reasonable time limit is hereby defined as within 20 minutes.

When any unusual situation occurs which may threaten or be dangerous to the safety or health of the public, the police chief or his designee shall contact the New Jersey Department of Environmental Protection for the purpose of assuming control of the danger or threat.

Where no designation has been made, licensed towing operators are authorized to remove the vehicle to the towing operator's storage facility.

When vehicles are towed to premises controlled by the police department for the purpose of utilizing the vehicle or its contents as evidence or for other purposes, such vehicle shall not be released from police custody unless the owner of the vehicle furnishes the police department with a receipt that towing service fees have been paid.

In all cases where vehicles are to be towed for illegal parking or other offense, summons shall be issued prior to towing.

All fees must be itemized on a service bill to be provided to the vehicle operator or mailed or delivered to the owner within 48 hours. As a minimum, this bill must contain the following: name and business address of the tow operator; name of the employee performing the towing; location of storage area containing the vehicle and itemized list of services performed and fee charged for each.

The motorist shall retain the right to specify which towing operator he wishes to use or where he wishes his vehicle to be towed provided that this request does not result in an extensive delay in clearing an accident scene and/or correcting a traffic hazard. The towing operator has a right to refuse to tow a vehicle more than 20 miles from the municipal limits.

All operators shall be capable of performing minor car service and repair at the scene or their base of operations at the time of service call. Minor car service is defined as the jump starting of vehicles, providing fuel, changing tires, and similar semi-skilled activities.

Towing operators shall be responsible for all vehicles and contents in their custody.

All vehicles impounded or confiscated by the police shall not be released without prior written police authorization.

Records of inspections.

The towing operator shall record all vehicles towed on forms provided by the municipal police department as soon as possible after each vehicle is towed.

Records shall be kept for a seven-year period.

The towing operator 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 his possession.

Authorized representatives of the police department or their designees shall have access to any of the records required to be kept by the contractor.

Rights of owners.

The owner of any vehicle towed shall have the right to remove property belonging to him from the stored vehicle unless a "police hold" is marked on towing form.

Vehicle owner or his representative shall have the right to take photographs of the stored vehicle for insurance purposes.

Dealing with the public. In all his dealings with the public in connection with the operation, the towing operator is expected always to act in a professional manner and at all times to be courteous and respectful toward members of the public.

Such additional rules and regulations that may be adopted by governing body by resolutions. A copy of any such rule or regulation shall be forwarded to each towing operator by certified mail, return receipt requested.

Procedure.

Each tow operator shall be placed on a rotational duty list completed by the police chief. Such licensee shall be called upon to respond to the needs of the police department of the municipality on a structured rotational basis.

Towing operators shall advise the police dispatcher if they are unable to respond to a call and the reason therefore.

Tow operators shall notify the police dispatcher if a vehicle is gone upon their arrival.

The police chief shall establish a structured rotational procedure and provide each towing operator with a copy thereof. It shall list when an operator shall be charged or not charged for failing to respond to a call and how he will be rotated on the call list.

The towing rates shall be calculated based on the total distance traveled from the tow vehicle's base of service to the job site and return, by way of the shortest available route. Fractions shall be rounded up to the nearest whole mile.

Tow vehicles transporting multiple carts at one time shall receive the applicable fees for each vehicle transported.

When towing services are required at the scene of an automobile accident, the day rate shall apply when the time of the accident is between 8:00 a.m. and 4:30 p.m., Monday through Friday, except New Jersey state holidays. The night, weekend and holiday rate shall otherwise apply.

When towing services are otherwise required, the day rate shall apply when the vehicle is transported (pickup to delivery) entirely between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday, except New Jersey state holidays. The night, weekend and holiday rate shall otherwise apply.

The following is the fee schedule for towing services:

Light-duty road service	$50.
Light-duty towing rates:
Days:
First mile or less	$90
Each additional mile	$3
Nights, weekends and New Jersey state holidays:
First mile or less	$100
Each additional mile	$3
Heavy-duty towing rates:
Tandem axle:
Straight truck up to 70,000 lbs.	$250 per hour
Straight truck over 70,000 lbs.	$290 per hour
Tractor trailer:
Tractor trailer up to 70,000 lbs.	$300 per hour
Tractor trailer over 70,000 lbs.	$360 per hour
Winching fee	$125 flat fee

No administration fee or miscellaneous fee not provided for in this section may be charged by the tow company.

No fuel fee or fuel surcharge fee may be charged by the tow company.

Unless the officer at the scene deems it necessary to impound the vehicle for evidence purposes, the owner or operator of the vehicle may designate the location to where the vehicle shall be transported.

Storage fees. The fees set forth below are the maximum storage charges per twenty-four-hour period that shall apply to a private passenger automobile that is stored by a person as a result of an accident, theft recovery or towed as a result of being unable to be operated for any reason under its own power. The twenty-four-hour period shall commence at the time of the tow and continue for a twenty-four-hour period from that time until the vehicle is picked up. (Example: vehicle is towed at 9:00 p.m. on Friday shall incur a one-day storage fee up until 9:00 p.m. on Saturday. A second-day storage fee would end on Sunday at 9:00 p.m., etc.)

Storage fee schedule.

Inside building:
Storage facility capacity
21 or more spaces	$40
10 to 20 spaces	$45
Less than 10 spaces	$50
Outside secured:
Storage facility capacity
21 or more spaces	$25
10 to 20 spaces	$27
Less than 10 spaces	$30
Outside unsecured:
Storage facility capacity
21 or more spaces	$16
10 to 20 spaces	$20
Less than 10 spaces	$24
Heavy-duty storage:
Tandem axle straight truck	$73
Tractor Trailer	$87.50

No vehicle shall be stored inside a building unless authorized by the owner, operator or by the police officer on duty at the scene when the police officer deems it necessary to utilize the vehicle or its contents as evidence.

The governing body shall have the right to suspend or revoke any license issued pursuant to this section for good cause upon written complaint of the police chief or his designee. In the event a towing operator fails or refuses to retain the proper equipment, personnel or facilities necessary to perform the services required for towing operators, or that the services performed are not satisfactory or violates any provision of this section, rule or regulation duly adopted, the police chief or his designee shall file a written complaint with the governing body that there is probable cause for revocation or suspension. Written notice of such complaint and the basis of the complaint shall be given to the towing operator and said operator shall be entitled to a hearing before the governing body prior to final determination of the complaint by the governing body.

No license issued pursuant to this section may be assigned, transferred, sold or posted as collateral.

Any transfer of ownership with or without consideration in a licensee's business shall render the license immediately void. In the event of sale or transfer, the new applicant, if any, shall make a new application, pay fees and be approved by the governing body.

Any person, firm or corporation violating the provisions of this section shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both in the discretion of the judge of the municipal court.

No person shall engage in the business of commercial lawn fertilizer application within the Township of Roxbury unless a license has been obtained from the township clerk as provided herein.

Applications for a commercial lawn fertilizer applicator license shall be submitted to the township clerk. The application shall consist of the following:

Name, address and telephone number of applicant and any individuals authorized to represent the applicant.

Description of lawn fertilizer formula proposed to be applied on lawns within the township.

Fertilizer description. A copy of the formula for fertilizer mixtures meeting the limitation of subsection 3-21.2 a. of the Revised General Ordinances to be applied within the township shall be submitted along with the initial application for a license, and thereafter, at least 30 days before fertilizer composition changes are implemented.

Annual license fee. The annual license fee shall be as set forth in Chapter XXIV, subsection 24-4.1. The license shall expire on the 31st day of December. The license fee shall not be prorated.

Commercial fertilizer applicator licenses shall be issued subject to the following conditions, which shall be specified on the license form:

Random sampling. Commercial fertilizer applicators shall permit the township to sample any commercial fertilizer application to be applied within the township at any time after issuance of the initial license.

Possession of license. The commercial fertilizer application license or a copy thereof shall be in the possession of any party employed by the commercial fertilizer applicator when making fertilizer applications within the township.

All licenses issued under this section shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the township manager may:

After due notice by personal service or registered or certified mail and after due hearing, suspend or revoke the license of any person for violating any provision of this section.

Suspend temporarily, pending a hearing or notice thereof, any such license when deemed by the township manager to be immediately necessary to prevent emergent danger to the public welfare, good or morals. Any such temporary suspension without notice shall be for a period of not longer than ten days.

Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties set forth in section 3-1 of the Revised General Ordinances. Such penalties may be in addition to the revocation or suspension of the license, as provided in subsection 4-20.4.

A fee as set forth in Chapter XXIV, subsection 24-4.1 is hereby established for the review of all New Jersey State private inspection facility license applications for the operation of said facilities in the Township of Roxbury.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

"Massage, bodywork and somatic therapies" shall mean and refer to systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.

"Massage, bodywork and somatic therapy establishment" shall mean any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.

"Massage, bodywork and somatic therapist" shall mean any person who administers massage, bodywork and/or somatic therapies for any form of consideration.

Massage, bodywork and somatic therapy establishment license required. No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Roxbury as a massage, bodywork and somatic therapy establishment unless or until there has first been obtained a license for such establishment from the Township of Roxbury in accordance with the terms and provisions of this section.

Massage, bodywork and somatic therapist's license required. No person shall practice massage or related therapies as a massage, bodywork or somatic therapist employee or otherwise unless he or she has a valid and subsisting massage, bodywork and somatic therapist's license issued to him or her by the Township of Roxbury pursuant to the terms and provisions of this section.

Licenses must be renewed and building inspections completed by January 1 each year.

Establishment license. Every applicant for a license to maintain, operate or conduct a massage, bodywork or somatic therapy establishment shall file an application with the health department upon forms provided by said department and pay an annual fee as set forth in Chapter XXIV, subsection 24-6.1, which fee shall be submitted for the initial calendar year with the application and which shall thereafter become due on the first day of January each year thereafter.

Therapist license. Every applicant for a massage, bodywork or somatic therapist's license shall file an application with the health department upon a form to be furnished by said department and pay an annual fee as set forth in Chapter XXIV, subsection 24-6.1, which fee shall be submitted with the application. Licenses must be renewed annually on the first day of January of each year upon the submission of a renewal application and payment of the annual licensing fee.

Any person desiring a massage, bodywork or somatic therapy establishment license shall file a written application with the health department. The applicant shall provide the application fee as required in subsection 4-22.3 and shall, in addition, furnish the following information:

The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.

The name, style and designation under which the business is to be conducted.

The business address and all telephone numbers, including facsimile and e-mail addresses, where business is to be conducted.

A complete list of the names and residence addresses of all massage, bodywork and somatic therapists and employees of the business and the name and residence address of the manager or other person principally in charge of the operation of the business, which list shall be kept current in the establishment.

A sworn statement indicating that all massage, bodywork and somatic therapists employed or to be employed by the establishment or otherwise permitted to work at the establishment have been issued a license pursuant to this section.

The following personal information concerning the applicant shall be provided:

The name, complete residence address and residence telephone number.

The two previous addresses immediately prior to the present address of the applicant.

Written proof of age.

Height, weight, sex, color of hair and eyes.

Two front-face portrait photographs taken within 30 days of the date of the application and at least two by two inches in size.

The massage therapy or similar business history and experience, including, but not limited to, whether or not such person has previously operated in this or another municipality or state under a license or permit or has had such license or permit denied, revoked or suspended and the reason therefor and the business activities or occupations subsequent to such action of denial, suspension or revocation,

All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof. All applicants must execute the Authorization by Subject of Request and Privacy Act Notification Form SBI-212A or SBI-212B (Request for Criminal History Record Information for a Noncriminal Justice Purpose) for a criminal listing name search identification check pursuant to N.J.S.A. 53:1-20.5, et seq. The criminal history check shall be kept confidential. For purposes of this check, the Roxbury Township Police Department is hereby authorized to have access to the criminal history record information file through the State Bureau of Investigation. The cost of such criminal history name search shall be paid for by the applicant. A massage, bodywork or somatic therapy establishment license may be denied to any person who has been convicted of a crime.

The above-referenced information shall be supplied for each stockholder owning more than ten percent of the stock of a corporation and each officer and director of the corporation, if the applicant is a corporation, or for each partner, including limited partners, if the applicant is a partnership.

The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates.

The health department, upon receiving an application for a massage, bodywork and somatic therapy establishment license, shall refer the application to the building department, the fire official, the police department and the planning department and they shall inspect the premises proposed to be operated as such an establishment and shall make written recommendations to the licensing authority concerning compliance with the codes that they administer.

No massage, bodywork, and somatic therapy establishment shall be issued a license or be operated, established or maintained in the Township unless an inspection by the health officer, building inspector, fire official and zoning officer or their designees reveals that the establishment complies with the minimum requirements of the building, zoning and health codes for businesses operating in the Township of Roxbury. In addition, the establishment must comply with each of the following minimum requirements:

All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected, and shall be maintained in a sanitary condition and regularly cleaned and disinfected.

Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.

The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

Adequate hand washing facilities with a full liquid soap dispenser shall be provided at convenient locations as necessary to maintain clean hands and arms of all employees during hours of operation.

To be eligible for a license as a massage, bodywork and somatic therapist, an applicant shall submit satisfactory evidence of certification from the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, P. L. 1999 c. 19. In the event that such certification has not been made available by the State of New Jersey, then satisfactory evidence of the following must be submitted:

Successful completion of a minimum of 500 hours, in-class study in the field of massage, bodywork or somatic therapy; or

Successful completion of the written examination offered by the National Certification Board for Therapeutic Massage and Bodywork.

For up to one year (365 days) after the date procedures are established by this section for applying for a license to conduct massage, bodywork or somatic therapy in the Township of Roxbury, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this section[1] or any person engaged in the part-time practice of massage, bodywork or somatic therapy for five years preceding the enactment of this section and who has successfully completed a minimum of 200 hours of education or training in massage preceding the enactment of this section, may acquire a license to practice without satisfying the requirements in paragraphs 1 and 2 above. One year after the enactment of this section, any person wishing to be licensed as a massage, bodywork or somatic therapist in the Township of Roxbury must fulfill the requirements in paragraph a above.

[1]

Editor's Note: Section 4-22 was established by Ordinance No. 2-02, adopted on March 5, 2002.

The following information concerning the application will also be required:

The name, complete residence address and residence telephone number of the applicant.

Previous addresses within the last five years prior to the present address of the applicant.

Written proof of age.

Height, weight, sex and color of hair and eyes.

Two front-face portrait photographs taken within 30 days of the date of the application and at least two by two inches in size.

The massage therapy or similar business history and experience, including, but not limited to, whether or not such a person has previously operated in this or another municipality or state under a license or permit denied, revoked or suspended and the reason thereof and the business activities or occupations subsequent to such action or denial, suspension or revocation.

All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof. All applicants must execute the Authorization by Subject of Request and Privacy Act Notification Form SB1-212A or SB1-212B (Request for Criminal History Record Information for a Noncriminal Justice Purpose) for a criminal listing name search identification check pursuant to N.J.S.A. 53:1-20.5, et seq. The criminal history check shall be kept confidential. For purposes of this check, the Roxbury Township Police Department is hereby authorized to have access to the Criminal History Record Information file through the State Bureau of Investigation. The cost of such criminal history name search shall be paid for by the applicant. A massage, bodywork or somatic therapist's license may be denied to any person who has been convicted of a crime.

The names and addresses of three adults who will serve as character references. These references must be persons other than relatives and business associates.

With the exception of massage, bodywork and somatic therapists who are certified pursuant to P.L. 1999 c. 19, all applicants seeking a license under this section shall be fingerprinted by the Roxbury Township Police Department. The Roxbury Township Police Department shall fingerprint such applicants on Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., or as otherwise determined by the Roxbury Township Police Department. The applicant shall pay a fee of ten ($10.00) dollars to the police department for the cost of fingerprinting and shall also submit the application fee required by the New Jersey State Police.

When said application is properly filled out, signed by the applicant and has been filed with the department of health with all accompanying information, the application shall be referred to the township police department. The chief of police or his or her designee shall investigate the information available as to the good moral character of the applicant, and shall recommend approval or disapproval of the application within 90 days. Reasons for a recommendation of disapproval shall be set forth in writing on the reverse side of the application. In evaluating a criminal record of an applicant, the chief of police must consider whether the crime relates adversely to the occupation of a massage therapist establishment pursuant to the criteria set forth in N.J.S.A. 2A:168A-2 et seq. The application shall be returned to the health department for recommendation to the township clerk who will either issue the license or notify the applicant of a denial.

The massage, bodywork or somatic therapy establishment shall display its license and the license or certificate of each and every massage, bodywork and somatic therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.

Every massage, bodywork and somatic therapy establishment shall comply with the following:

Every portion of the massage, bodywork and somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.

All employees, including massage, bodywork and somatic therapists, shall be clean and wear clean, nontransparent outer-garments. Dressing rooms must be available on the premises. Doors to such dressing rooms shall open inward and shall be self-closing.

All massage, bodywork and somatic therapy establishments shall be provided with clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner.

The buttocks, genital area and female breasts of patrons must be covered by towels, cloths or undergarment when in the presence of an employee or massage, bodywork or somatic therapist.

It shall be unlawful for any person knowingly, in a massage, bodywork and somatic therapy establishment, to place his or her hand upon or touch with any part of his or her body, to fondle in any manner or to massage the buttocks, genital area or female breasts of any other person, unless such massage has been ordered by a prescription signed by a licensed medical doctor, chiropractor or doctor of osteopathic medicine. No massage, bodywork and somatic therapist, employee or operator shall perform or offer to perform any act which would require the touching of the patron's buttocks, genital area or female breasts.

All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities and surfaces shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets and shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry, clean and sanitary.

Oils, creams, lotions and other preparations used in administering massage, bodywork and somatic therapies shall be kept in clean closed containers or cabinets.

Animals, except for seeing eye dogs, shall not be permitted in the massage work area.

Each massage, bodywork and somatic therapist shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage, bodywork or somatic therapy to a patron.

Any patron under the age of 18 years of age must be accompanied by a parent or guardian or adult with written permission of the parent or guardian.

Alcoholic beverages shall not be distributed or consumed on the premises of any massage, bodywork and somatic therapy establishment licensed under this section.

Controlled dangerous substances, as defined by the Laws of the State of New Jersey, shall not be distributed or consumed on the premises of any massage, bodywork and somatic therapy establishment licensed pursuant to this section.

The health department, police department and/or the building department shall, from time to time, at least twice a year, make an inspection of each massage, bodywork and somatic therapy establishment granted a license under the provisions of this section for the purpose of determining whether the provisions of this section are being complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

Licenses issued under this section may be revoked by the township clerk after notice and a hearing for any of the following causes:

Fraud, misrepresentation or false statement in the application for the license.

Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the township.

Any violation of this section.

Conviction of a crime involving moral turpitude, a felony, an offense involving sexual misconduct, keeping or residing in a house of prostitution and any crime involving dishonesty.

Conducting the permitted business in the township in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.

Notice of the hearing for the revocation of a license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the licensee at his/her last known address at least five days prior to the date set for the hearing.

Such license may, pending revocation proceedings, be suspended for not more than ten days by the health officer if, in his/her opinion, the conduct of the licensee is detrimental to the health, safety and general welfare of the Township of Roxbury.

The township manager shall serve as hearing officer for any hearing pursuant to this subsection.

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Editor's Note: Section 4-22 was established by Ordinance No. 2-02, adopted on March 5, 2002.