[Ord. No. 89-35; Ord. No. 2017-03]
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself or any other person,
or for any body corporate, or as an officer of any corporation, or
otherwise, to commence or carry on any trade, business, soliciting,
peddling, canvassing in the Borough without first procuring a license
from the Borough, and without complying with any and all provisions
concerning the same contained in this section or in any other ordinance
or supplement thereto, heretofore, or hereafter, adopted by the Borough
in full force and effect. Engaging in or carrying on any trade, profession
or business without first having procured a license from the Borough
and without complying with any and all provisions contained in this
section, or in any other ordinance heretofore or hereafter adopted
by the Borough in full force and effect, shall constitute a separate
violation for each and every day that such trade, profession or business
is so carried on.
It shall be unlawful for any person, owner, lessee, sub lessee,
assignee, or managing agent of, or other person having the right of
ownership or possession of or right to sell, rent, lease, assign,
or sublease any real property or part or portion thereof, or any agent
or employee of any of these to rent, lease, assign, or sublease any
real property or part or portion thereof, to another person, whether
as principal or agent, clerk or employee, or for any body corporate,
or as an officer of any corporation, or otherwise, for the purpose
of engaging in or carrying on any trade, business, soliciting, peddling
or canvassing in said person's commercial space without first
ensuring a license required herein has been obtained. Renting, leasing,
assigning, or subleasing any real property or part or portion thereof,
to a person or corporation engaging in or carrying on any trade, profession
or business without first having procured a license from the Borough
and without complying with any and all provisions contained in this
section, or in any other ordinance heretofore or hereafter adopted
by the Borough in full force and effect, shall constitute a separate
violation for each and every day that such trade, profession or business
is so carried on.
[Ord. No. 89-35 § 2]
After payment of the required license fee, the Borough License
Officer shall issue the license required by this section stating in
each license the amount thereof, the period of time covered thereby,
the name of the person, firm or corporation to whom issued, the trade,
profession, business or occupation licensed, and the location or place
of business where such trade, profession, business or occupation is
to be carried on.
[Ord. No. 85-35 § 3]
Unless otherwise specifically provided, no license granted or
issued under the provisions of this section shall be, in any manner,
transferred or assigned, nor shall any person, firm or corporation,
other than is therein mentioned or named, be authorized to carry on
such trade, profession, business or occupation.
[Ord. No. 85-35 § 4]
All licenses granted under the provisions of this section shall
expire on January 1 annually without regard to the time when the license
was issued.
[Ord. No. 85-35 § 5]
Any person, firm or corporation to whom a license is granted
is required to exhibit the license whenever requested.
[Ord. No. 85-35 § 6]
The Borough License Officer shall charge five ($5.00) dollars
for each duplicate license issued to replace any license issued under
the provisions of this section which has been lost or destroyed.
[Ord. No. 85-35 § 7]
No refund of license fees shall be made on account of cessation
of business, occupation or trade after such license shall have been
issued.
[Ord. No. 85-35 § 8]
Every person, firm or corporation licensed under this section
shall comply with all laws of the State of New Jersey and ordinances
of the Borough of Allenhurst relating and pertaining to the preservation
and protection of the lives, health, morals and the general welfare
of the inhabitants of the Borough, and for that purpose such licensees
shall allow and permit the inspection of any place or premises licensed
under this section at all reasonable hours by the Borough License
Officer, Code Enforcement Officer, Health Officer, Chief of the Fire
Department of the Borough of Allenhurst and any Police Officer of
the Borough, which Officers are hereby authorized and directed, and
it shall be their duty, to make such inspections and report any violation
of any laws of the State of New Jersey or of the ordinances of the
Borough of Allenhurst relating to the preservation and protection
of the lives, health, morals and the general welfare of the inhabitants
of the Borough to the Board of Commissioners who shall order and direct
such Officers to take such action as they may deem necessary and lawful
to remedy and correct any of the conditions aforestated.
[Ord. No. 89-35 § 9]
a.
Board of Commissioners; Power to Revoke or Suspend. Any license issued
under the terms and provisions of this section may be suspended or
revoked by the Board of Commissioners for the violation, by the licensee,
of any provision of this section, or whenever it shall appear that
the business, trade, profession or occupation to whom such license
was issued is conducted in a disorderly or improper manner, or in
violation of any law of the United States, the State of New Jersey,
or any ordinance of the Borough.
b.
Hearing Required Prior to Revocation, Notice of Hearing. A license
issued under the terms and provisions of this section shall not be
revoked, cancelled or suspended until a hearing thereon shall have
been had by the Board of Commissioners. Written notice of the time
and place of such hearing shall be served upon the licensee at least
three (3) days prior to the date set for such hearing. Such notice
shall also contain a brief statement of the grounds for revocation,
cancellation or suspension of the license. At the hearing before the
Board of Commissioners, the person aggrieved shall have an opportunity
to answer the complaint and may thereafter be heard, and upon due
consideration and deliberation by the Board of Commissioners, the
complaint may be dismissed, or, if the Board of Commissioners concludes
that the charges have been sustained and substantiated, the Board
of Commissioners may revoke, cancel or suspend the license held by
the licensee.
c.
Re-application for a License After Revocation. If any such license
has been revoked, neither the holder thereof nor any person acting
for him, directly or indirectly, shall be entitled to another license
to carry on the same business within the Borough unless the application
for such license shall be approved by the Board of Commissioners.
[Ord. No. 89-35 § 10]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. Each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 89-35 § 13; Ord. No. 90-02 § 1; Ord. No. 2017-03]
Any and all trades, professions or businesses shall pay an annual
fee of one hundred ($100.00) dollars.
The aforesaid license fees, which are fixed for the purpose
of government and regulation and control, are to be paid annually,
unless otherwise provided herein, to the Borough of Allenhurst, for
conducting or engaging in any of the trades, professions or businesses
in the Borough of Allenhurst, or in using any vehicle, stand, store
or place, or thing, or for the sale of any goods or thing, or for
any type of service in the Borough of Allenhurst.
[Ord. No. 98-10 § I]
shall mean any vehicle which cannot move under its own power
for any reason including mechanized failure or accident.
shall mean any person, firm, partnership, association, or
corporation engaged in the business of providing wrecker and storage
services for vehicles towed.
shall mean a motor vehicle as defined in N.J.S.A. 39:1-1.
shall mean 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.
[Ord. No. 98-10 § II]
a.
No person, firm, partnership, association or corporation shall operate
a wrecker within the Borough or engage in the business of operating
a wrecker within the Borough unless a license has first been obtained
for such a wrecker as provided herein. Every vehicle operated as a
wrecker shall have its own separate license even though it is operated
or owned by a person or business having other validly licensed wreckers.
No license issued hereunder may be transferred from one (1) licensee
to another or from one (1) wrecker to another.
b.
All wrecker operators must be located in the vicinity of the Borough,
and must be holders of valid mercantile licenses. The fee for such
wrecker license shall be twenty-five ($25.00) dollars per wrecker
annually.
c.
Each license shall expire on December 31 of the year in which it
was issued unless sooner revoked in accordance with the terms of this
section.
d.
An application for a license as an owner of a towing or wrecking
business to be placed upon the list to be utilized by the Police Department
shall be made by the person for firm engaged in operating a wrecker
or wreckers. The application shall be made on forms furnished by the
Mercantile Officer and specifically reporting the following facts:
1.
The full name and address of the applicant. If the application is
made for a corporation, it shall state the names and addresses of
the officers and directors thereof, its registered office and its
resident agent.
2.
The year, make and type of each wrecker used in the business, its
serial number, registration number and registered owner.
3.
The address where the wrecker or wreckers shall be regularly garaged,
the telephone number on twenty-four (24) hour per day basis and the
names of all operators, their addresses and the serial numbers of
their New Jersey Motor Vehicle Licenses.
4.
The application for a towing-wrecking license shall be accompanied
by a certificate of liability insurance for the wrecker in the policy
limits of no less than two hundred fifty thousand ($250,000.00) dollars
for one (1) person; five hundred thousand ($500,000.00) dollars for
one (1) accident; twenty thousand ($20,000.00) dollars for property
damage. The certificate of insurance shall be issued by a company
certified to do business in New Jersey and each policy so required
must contain an endorsement providing for thirty (30) days notice
to the Borough in the event of any material changes in the policy
or cancellation thereof. This is to be turned in to the Clerk at time
of application.
5.
The Mercantile Officer shall refer the application for license to
the Chief of Police for a check of all equipment, personnel and facilities
of the applicant to determine the ability of the applicant to perform
the business herein regulated.
6.
Each vendor providing towing service must show proof of ownership
or a lease agreement for a proper land area to store a minimum of
ten (10) cars. Adequate lighting, shielding from abutting premises,
shall be maintained during night hours and a security fence of a least
six (6) feet in height shall be maintained.
7.
After the application has been submitted and been reviewed by the
Mercantile Officer it shall be forwarded to the Chief of Police for
approval or disapproval by him/her. Such approval or disapproval shall
be dependent on both the applicant's technical ability to perform
the requested tasks as outlined above, and upon the applicant's
personal fitness to engage in a business regulated in the public interest.
e.
No vehicle will be licensed as a wrecker unless it has been properly
licensed and inspected as required by the State of New Jersey with
the necessary stickers affixed. No vehicle shall be licensed as a
wrecker which is using dealer license plates or has failed inspection.
f.
Specifically exempted from this license requirement are those wrecker
operators who are not engaged in operating a wrecker within the Borough
and:
[Ord. No. 98-10 § III]
a.
The Chief of Police or his/her designee shall, at the beginning of
each year, establish a list of wreckers to be called by the Police
Department when required. The wreckers so listed shall be called as
needed on a daily rotation basis.
b.
The Police Department shall at all times have the right to call more
than one (1) wrecker from the prepared list in the correct rotation
order when there is more than one (1) vehicle impairing traffic or
during a State of Emergency.
c.
When the Police Department determines that an unusual situation exists,
it reserves the power to use its judgment to select the most qualified
towing operator for the specific situation.
[Ord. No. 98-10 § IV]
a.
No towing operator licensed under this section shall respond to the
scene of an accident unless specifically requested by either the owner/operator
of the vehicle damaged or by official notification of the Police Department.
b.
No towing operator, licensed under this section or otherwise, shall
operate or authorize the operation of an unengaged wrecker, in a manner
suggesting it is soliciting business along public streets.
[Ord. No. 98-10 § V]
The owner or driver of any vehicle shall have the right to call
any wrecker he/she so desires, provided that the wrecker chosen is
immediately available to tow the vehicle and in the opinion of the
Police Officer in charge, traffic on the roadway will not be impaired
for an unreasonable length of time and there is no immediate hazard
to the safety of the public.
[Ord. No. 98-10 § VI]
a.
Each wrecker must meet all of the requirements of N.J.S.A. Title
39 "Motor Vehicles Rules and Regulations."
b.
Each wrecker sought to be licensed and/or listed on the rotational
wrecker list shall:
c.
Each operator shall be required to:
1.
Be on call to respond between the hours of 12:00 a.m. (midnight)
and until 11:59 p.m. on the operator's rescheduled rotational
day.
2.
Respond to the location of the disabled vehicle upon notification
by the owner, operator or the Police Department within fifteen (15)
minutes of the time of notification.
3.
Remove all debris from the roadway as a result of the accident or
vehicle becoming disabled prior to leaving the scene of the tow.
5.
Notify the Police Department of any vehicle remaining unclaimed (as
a result of a Police call) for a period of ten (10) days.
6.
Notify the owner of any vehicle not claimed after ten (10) working
days by certified mail (return receipt requested) of the towing charges
and storage charges due, the time in which the owner has to arrange
for removal and the subsequent disposal of the vehicle in accordance
with N.J.S.A. 39:10A-1.
[Ord. No. 98-10 § VII]
a.
The licensed wrecker shall hold the operator/owner of the motor vehicle
responsible for the cost of its service and will not hold liable the
Borough Police Department, its officers or agents.
b.
The licensed wrecker operator shall be responsible for any damage
or theft of the property held until such time as the owner or his/her
representative(s) resumes possession.
c.
The licensed wrecker operator shall agree to save harmless the Borough,
its Police Department, officers and agents, from any and all claims
arising out of the performance or nonperformance under the terms of
this section.
[Ord. No. 98-10 § VIII; Ord. No. 2017-04]
Towing fees and charges shall be as follows:
a.
Passenger vehicles, including mopeds and motorcycles, adjacent to
the confines of the roadway, from any point in the Borough, twenty-four
(24) hours a day, seven (7) days a week, three hundred sixty-five
(365) days a year: one hundred fifteen ($115.00) dollars.
b.
Any vehicle over nine thousand five hundred (9,500) pounds registered
gross weight, from any point within the Borough, at any time of the
day or night: one hundred fifty ($150.00) dollars.
c.
When the winching of any vehicle or the recovery of any vehicle is
required, within twenty (20) feet from the roadway, an additional
fee of twenty-five ($25.00) dollars shall be charged. For any vehicle
that is more than twenty (20) feet from the roadway, an additional
twenty-five ($25.00) dollars shall be charged, plus one dollar and
fifty ($1.50) cents for every foot of cable used.
f.
Where the owner of a vehicle requests a wrecker for a service call,
on a vehicle not to be towed, the charge for the service shall not
exceed the Borough rates for towing.
g.
All licensed wrecker operators shall be required to post his rates
at his business, and upon payment, give a written request for services
rendered.
h.
Any vehicle over nine thousand five hundred (9,500) pounds or requiring
special facilities and/or equipment (buses, tractor-trailers, large
or oversized vehicle, etc.) will require arrangement between the owner
or driver and the wrecker operator.
i.
The Police Department reserves the right to call any qualified wrecker
operator, regardless of licensing status, if an emergency condition
exists which necessitates removal of a vehicle.
j.
The Chief of Police is directed to establish a receipt system which
will allow the wrecker operator to release a vehicle upon the showing
of such receipt.
k.
Snow Emergency. The fee for the towing and storage shall be set at
fifty ($50.00) dollars for the tow and one-half (1/2) the storage
rate as indicated in paragraph d. above.
l.
Police Impound. There shall not be a fee, in accordance with those
defined above, for the towing of vehicles that are impounded by the
Police Department and towed to Police Headquarters for further investigation.
[Ord. No. 98-10 § VIII]
m.
The authorized towing service must agree to tow Borough owned vehicles,
at no cost, to a local repair facility, not to exceed 5 miles.
n.
The authorized towing service must agree to respond, at no cost,
to change any tire of a Police Department vehicle, within the Borough.
o.
The towing service shall have the right to prepare all required applications
for junk and/or saleable vehicle titles, required by the NJ Motor
Vehicle Commission, themselves. If towing agency is unable, or unwilling,
to prepare these documents themselves, such application shall be completed
by Police Department personnel, or a designated outside agency, approved
by the Police Department.
[Ord. No. 98-10 § IX]
Any person, firm, partnership, association, or corporation who,
for any reason, agrees and/or contracts, either in writing or otherwise,
to provide wrecker service for any operator for the purpose of coverage
on that operator's rotational duty day must be licensed under
the terms of this section.
[Ord. No. 98-10 § X]
a.
The Chief of Police is hereby given the authority to promulgate rules
and regulations necessary to carry out the intent and purpose of this
section. The Chief of Police is hereby given the authority to suspend
or revoke the license of any operator who violates any of the terms
of this section.
b.
Any operator aggrieved by any rule or regulations promulgated by
the Chief of Police or by a suspension or revocation made by him/her
shall be given a hearing by the Board of Commissioners.
c.
Any aggrieved operator must apply in writing for such hearing to
the Borough Clerk.
[Ord. No. 98-10 § XI]
a.
No person, firm, partnership, association or corporation will remove
from any property either public or private any vehicle, without first
obtaining the permission of the vehicle owner or driver or the owner
of the property from which the vehicle is to be removed; or
b.
Unless directed to remove a vehicle by the Borough Police Department;
or
c.
Unless repossessing a vehicle according to law.
[Ord. No. 98-10 § XII]
a.
Any person, firm, partnership, association or corporation found guilty of violating any of the provisions of this section shall be liable, in addition to the suspension or revocation of the license as provided for herein, to the penalty stated in Chapter I, Section 1-5.
b.
Failure to comply with the regulations contained in this section
shall be sufficient cause for the Board of Commissioners to terminate
the participation of the violator in the program established by this
section.
c.
Except as herein expressly provided, no rights or privileges incorporated
in this section may be assigned, transferred, sold, traded, delegated
or otherwise changed.
[Ord. 12/10/85 § I]
a.
The provisions of this section are intended to prohibit the infringement
of any businesses in any established residential areas by regulating
the term and frequency and conduct of garage sales, so as not to disrupt
the residential environment of the area.
b.
The provisions of this section do not seek control of sales by individuals
selling a few of their household or personal items.
c.
The provisions and prohibitions hereinafter contained are enacted
not to prevent but to regulate garage sales for the safety and welfare
of the citizens of the Borough.
[Ord. 12/10/85 § II]
As used in this section:
shall mean and include all general sales, open to the public,
conducted from or on a residential premises in any residential zone,
as defined by Chapter XXVI, Development Regulations for the purpose
of disposing of personal property including, but not limited to, all
sales entitled "garage," "lawn," "yard," "attic," "porch," "room,"
"backyard," "patio," "flea market," or "rummage" sale.
shall mean property which is owned, utilized and maintained
by an individual or members of his or her residence and acquired in
the normal course of living in or maintaining a residence. It does
not include merchandise which was purchased or acquired for resale
or obtained on consignment.
[Ord. 12/10/85 § III]
It shall be unlawful for any individual to sell or offer for
sale, under authority granted by this section, property other than
personal property.
[Ord. 12/10/85 § IV]
No garage sale shall be conducted unless and until the individual
desiring to conduct such sale shall obtain a permit therefor from
the Borough Clerk. Members of not more than two (2) residences may
join in obtaining a permit for a garage sale to be conducted at the
residence of one of them.
[Ord. 12/10/85 § V]
Prior to issuance of any garage sale permit, the individuals
conducting such sale shall file a written statement with the Borough
Clerk at least ten (10) days in advance of the proposed sale (mailed
applications must be post-marked at least fifteen (15) days in advance
of the sale), setting forth the following information:
a.
Full name and address of applicant.
b.
The location at which the proposed garage sale is to be held.
c.
The date, or dates, upon which the sale shall be held.
d.
A sworn statement that the property to be sold was owned by the applicant
as his own personal property and was neither acquired nor consigned
for the purpose of resale.
[Ord. 12/10/85 §§ VI—VII]
There shall be an administrative processing fee of ten ($10.00)
dollars for the issuance of such permit. The permit shall set forth
and restrict the time and location of such garage sale. No more than
one (1) such permit shall be issued to one (1) residence or family
household during any calendar year. If members of more than one (1)
residence join in requesting a permit then such permit shall be considered
as having been issued for each and all of such residences.
[Ord. 12/10/85 § VIII]
Such garage sale shall be limited in time to 9:00 a.m. to 6:00
p.m. prevailing time on two (2) consecutive days.
[Ord. 12/10/85 § IX]
Before issuing a permit, the Borough Clerk may conduct an investigation
as may reasonably be necessary to determine if there is compliance
with this section.
[Ord. 12/10/85 §§ X—XI]
Personal property offered for sale may be displayed within the
residence, in a garage, carport or in a yard. No personal property
offered for sale at a garage sale shall be displayed in any front
yard or public right-of-way. No personal property offered for sale
shall be displayed outside in the open in advance of the day of sale,
and all such property shall be removed no later than the day after
the last day of the sale. However, a vehicle offered for sale may
be displayed on a permanently constructed driveway.
Any permit in possession of the holder or holders of a garage
sale shall be posted on the premises in a conspicuous place on the
day of sale so as to be seen by the public.
[Ord. 12/10/85 § XII]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an Order or a process of a Court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five (5) in number.
d.
Upon application of any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization, the Board of
Commissioners may waive any or all of the requirements of this section,
provided, however, that the burden of establishing the eligibility
for waiver shall be on the organization or institution applying for
the waiver.
e.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the Development Chapter of the Borough or under the
protection of the nonconforming use section thereof or any other sale
conducted by a manufacturer, dealer or vendor and which sale would
be conducted from properly zoned premises and not otherwise prohibited.
[Ord. 12/10/85 § XIII]
The individual to whom a permit 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 such individual shall permit any loud or boisterous conduct on
the premises nor permit vehicles to impede the passage of traffic
on any roads or streets in the area of such premises. All such individuals
shall obey the reasonable orders of any member of the Police or Fire
Departments of the Borough in order to maintain the public health,
safety and welfare.
[Ord. 12/10/85 § XIV]
A Police Officer or any other official designated by any municipal
ordinance to make inspections under the licensing or regulating ordinance
or to enforce the same, shall have the right of entry to any premises
showing evidence of a garage sale for the purpose of enforcement or
inspection and may close the premises from such a sale, issue a summons
to, or arrest any individual who violates the provisions of this section.
[Ord. 12/10/85 § XV]
Any person, association or corporation conducting any such sale or similar activity without applying for and receiving a permit therefor, or who shall violate any of the other terms and regulations of this chapter, shall upon conviction be liable to the general penalty, as established in Chapter I, Section 1-5 of this Code.
[Added 9-11-2018 by Ord.
No. 2018-13]
The purpose of this section is to protect and promote the public
health by prohibiting the retail sale of marijuana and marijuana paraphernalia.
As used in this section, the following terms shall have the
meanings indicated:
means any equipment, product or accessory that is used or
modified for making, using, smoking or concealing marijuana, typically
for recreational purposes.
means any place in which marijuana is sold for recreational
purposes to members of the public.
Any activity involving the sale of marijuana or marijuana paraphernalia
for recreational purposes, including but not limited to the establishment
of any marijuana retail facility, is prohibited in the Borough of
Allenhurst. Nothing herein shall affect a licensed medical marijuana
facility operating pursuant to the New Jersey "Compassionate Use Medical
Cannabis Act," N.J.S.A. 24:6I-1 et seq.
The remainder of all other sections and subsections of the aforementioned
ordinances not specifically amended by this section shall remain in
full force and effect.
All other ordinances or parts thereof inconsistent with the
provisions of this section are hereby repealed as to such inconsistency.
If any section, paragraph, subdivision, clause or provision
of this section shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged and the remainder of this section shall be deemed valid
and effective.
