The general power to license and to prescribe license
fees is contained in R.S. 40:52-1, 2. Licensing is also a part of
the general police power granted by R.S. 40:72-3 and R.S. 40:48-2.
As used in this section:
a.
"Hawker" or "peddler" shall mean any person who goes from place to
place by traveling either by foot, automobile, motor truck, or any
other type of conveyance, on the streets and carries with him goods,
wares or merchandise of any description for the purpose of selling
and delivering them to purchasers.
b.
"Transient merchant" shall mean a person, corporation or partnership,
whether principal or agent, commonly referred to either as a transient
merchant or itinerant vendor who engages temporarily in business in
the Borough by occupying a room, building, tent, lot or other premises
for the purpose of selling goods, wares and merchandise. "Transient
merchant" shall also include any person who conducts a traveling or
street show, carnival or circus and in connection therewith sells
or displays for sale any goods, wares or merchandise.
c.
"Transient merchant peddler" shall mean a person who engages in business
in the manner defined in paragraph b. and in pursuance thereof becomes
a peddler or hawker, or hires a peddler or hawker.
d.
"Canvasser" or "solicitor" shall mean a person who goes from place
to place, house to house, or person to person, selling or taking orders
for or offering to sell or take orders for goods, wares, merchandise
or any article for future delivery or for services to be performed
in the future or for the making, manufacturing or repairing of any
article or thing whatsoever for future delivery or for the solicitation
of money for any purposes whatsoever.
e.
"Junk dealer" shall mean a person who deals in buying and selling
old iron or other metals, glass, paper, cordage or other waste or
discarded material.
f.
"Goods" shall mean wares or merchandise.
g.
"Mobile retail food vendor" shall mean a peddler or solicitor who
transports prepared food, foodstuffs to be prepared or cooked prior
to sale, and beverages for sale in the Borough by vehicle or pushcart,
such food or beverage to be sold to individual patrons while said
vehicle is stopped or parked. Mobile vendors who limit their sales
to frozen products that are intended for immediate consumption after
the sale, such as ice cream, frozen ices or frozen confectionery products,
are specifically excluded from the definition of "mobile retail food
vendor." Also excluded are mobile vendors who primarily offer such
frozen products for sale, so long as the sale of other food, foodstuffs
or beverages, by that vendor is clearly incidental to the sale of
such frozen product.
h.
"Nonprofit organization" shall mean an organization or entity possessing
a tax exempt status which shall be evidenced by furnishing to the
Borough a tax exempt number provided by the State of New Jersey and/or
the government of the United States.
The purpose of this section is to prevent dishonest business
practices and fraudulent solicitation, to provide for traffic and
pedestrian safety by regulating the use of the streets and property
adjacent thereto by transient merchants or itinerant vendors, to prevent
extended parking or trespassing on private or public property, and
to prevent violations of the Borough zoning ordinance, by regulation
of transient merchants, hawkers, junk dealers, and solicitors; and
in the case of mobile retail food vendors, to prevent violations of
the State Sanitary Code, to protect traffic and pedestrian safety
and prevent violations of the Motor Vehicle Code, and to generally
provide for the safety of the residents of the Borough.
It shall be unlawful for any transient merchant, hawker, junk
dealer, mobile retail food vendor, or solicitor or canvasser to sell
or dispose of or to offer to sell or dispose of any goods, wares,
merchandise or publications or to solicit money within the Borough
without first applying for and securing a license. Each person who
shall engage in such activities, whether individually or on behalf
of an organization or entity, shall obtain a license in accordance
with the requirements of this section.
a.
The following persons shall be exempt from the requirements of this section, except from the provisions of subsection 6-1.14 hereof:
1.
Any person selling fruits, vegetables or farm products grown by himself
with or without the help of others.
2.
Any person honorably discharged from the Armed Forces of the United
States holding a special license issued pursuant to R.S. 45:24-9 and
45:24-10.
3.
Any person who conducts a judicial sale under the authority of State
or Federal laws.
4.
Any person who is an exempt member of a volunteer fire company as
defined in R.S. 45:24-9 and holds a special license issued pursuant
to R.S. 45:24-9 and 45:24-10.
5.
Any person soliciting a vote or support for any political candidate
or program.
6.
Any person delivering or soliciting newspapers or magazines.
7.
Any person who is under the age of 14.
8.
Any person who is engaged in the distribution of mail by the United
States, or in the distribution of noncommercial circulars, pamphlets,
leaflets, booklets or other literature for religious, charitable,
political, educational or civic purposes, or in canvassing or soliciting
individually or on behalf of any nonprofit organization for religious,
charitable, political, educational or civic purposes.
Any person desiring a license shall file with the Borough Clerk
an application containing the following information:
a.
All Licenses.
1.
Applicant's name, home and business address and local address, if
any.
2.
Place of residence for the preceding three years.
3.
His physical description setting forth the applicant's age, sex,
height, weight, complexion, color of hair and eyes and any other distinguishing
physical characteristics.
4.
The name, address and principal or registered office in the state,
of the person for or through whom or under whose auspices the applicant
is authorized to conduct such activity, or a statement that the applicant
is engaged in such activity solely in his own behalf.
5.
A brief description of the type of articles or services to be sold
or furnished and the purpose for which money is to be solicited.
6.
A statement as to the approximate amount of money to be collected
by the applicant and whether or not it is to be in full or partial
payment for articles to be sold or services to be rendered.
7.
The length of time for which a license is desired.
8.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor, or violation of any Borough ordinance,
the nature of the offense and the penalty and/or punishment imposed.
If the applicant is not engaged in the proposed activity solely in
his own behalf, there shall be attached to the application a letter
from the person for or through whom or under whose auspices the applicant
seeks authorization to conduct such activity, together with sample
copies of the order or receipt form or forms to be used by him in
connection with such activity. All applicants must submit to fingerprinting
by the police department at the time the application is made and shall
pay a nonrefundable state processing fee for each fingerprint card
required.
9.
A photograph of the applicant taken within 60 days immediately prior
to the date of the application which shall clearly show the head and
shoulders of the applicant and shall measure two inches by two inches.
b.
Transient Merchant's License. In addition to the foregoing items,
the applicant shall file:
1.
A sworn statement of the true invoice of the amount, average quantity
and kind, and value of the goods to be offered for sale.
2.
A statement of the location of such goods by street and number, and
whether on the premises from which they are or in a warehouse.
3.
To the application shall be attached, in the discretion of the Borough
Clerk, the bills or invoices of purchase of such goods.
c.
Transient Merchant Peddler's License. In addition to the foregoing
information, the applicant must show:
d.
Persons Soliciting on Behalf of Religious or Nonprofit Organizations.
In addition to the information required under paragraph a above, the
applicant, local chairman or other person in charge of a solicitation
shall set forth upon his application the names and addresses of all
persons authorized to solicit on behalf of such religious or nonprofit
organization for the period of the license, and shall attach to the
application the form of identification card to be carried by each
person engaged in such solicitation.
a.
For transient merchants, transient merchant peddlers and solicitors
requiring advance payment in whole or in part, and new merchants,
the Borough Clerk shall establish the character of the business by:
1.
Eliciting a declaration of intention of all new businessmen as to
whether they intend to remain temporarily in the Borough or longer
than a period of one year.
b.
The bond shall be declared forfeited upon conclusive proof of:
1.
Falsification in the application for a license.
2.
Willful violation of any of the provisions of this section.
3.
Removal from the Borough within a year after opening the business
premises without payment of the license fee required of transient
merchants or merchant peddlers. The bond of every merchant continuously
conducting a vending business for more than one year shall be cancelled
and no further bond shall be required of him under this section.
Following the filing of the application, the chief of police
shall make, or cause to be made, an investigation of the business
responsibility and criminal background of the applicant, and, if employed,
the applicant's employer, as he deems necessary for the protection
of the public good. The chief of police shall also examine the place
or places of the proposed activity to determine whether such place
or places are likely to create traffic congestion or traffic hazards
as a result of the location thereof or as a result of pedestrians
or operators of motor vehicles utilizing such place or places.
Any determination made by the chief of police that an application
is unsatisfactory with respect to the applicant shall be based upon
one or more of the following findings:
a.
Conviction of a crime relating adversely to the occupation of peddling
or soliciting, which shall be determined in accordance with the provisions
of N.J.S.A. 2A:168A-2, and set forth in a written explanation provided
to the applicant based upon consideration of the following factors
or any other factors:
1.
The nature and duties of the business for which a license is sought;
2.
The nature and seriousness of the crime;
3.
Circumstances under which the crime occurred;
4.
The date of the crime;
5.
The age of the applicant when the crime was committed;
6.
Whether the crime was an isolated or repeated incident;
7.
Social conditions which may have contributed to the crime; and
8.
Any evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational schooling, successful
participation in correctional work-release programs, or the recommendation
of persons who have or have had the applicant under their supervision.
b.
Prior violation of a peddling or soliciting ordinance.
c.
Previous fraudulent acts or conduct.
d.
Record of breaches of soliciting contracts.
e.
Misrepresentation or false statement contained in the application
for the license.
Within six weeks of receiving the application, the chief of
police shall signify his approval or rejection on the reverse side
of the form and the Borough Clerk shall verify the financial information
approving or rejecting the application on its reverse side. Upon verification
of the application and payment of the prescribed fee, the license
shall be issued by the Borough Clerk.
The license shall not be transferable from the person to whom
it was issued to any other person. A separate license must be obtained
by a licensed transient merchant for each branch or separate place
of business in which his business is conducted and each license shall
authorize the person to conduct business only at the location which
is indicated therein.
If the chief of police disapproves of an application for a license,
or fails to approve of it within a six week period, the applicant
may appeal to the Borough Council to grant the license. Such appeal
may be heard by the Borough Council at any special or regular meeting,
and shall be made on five days notice to the chief of police. Either
the chief of police or a member of the police department shall attend
such hearing, and shall state the reasons for disapproval.
There shall be no administrative appeal from the decision of
the Borough Council on this appeal.
a.
All licenses shall be issued on forms drawn in accordance with this
section. They shall be consecutively numbered and shall contain blank
spaces for writing in the name, the class of license granted, the
location of the business and the fee paid.
b.
There shall be kept in the office of the Borough Clerk the necessary
books for recording the time the application for license is received,
showing its class, whether new or renewal, name of licensee, regular
number of blank form, when the application was approved by the chief
of police and the Borough Clerk, or the Borough Council on appeal,
the amount of fee received, and the date when the license was issued.
c.
The Borough Clerk shall file a monthly report with the Borough Council
showing the number of licenses granted by classes and the amounts
of fees received therefor. Each report shall state the number and
class of licenses suspended or revoked and the reasons for each suspension
or revocation. The Borough Clerk shall compile a summary of all licenses
granted under this section during a single year and report such at
the final meeting of the Borough Council.
Every person holding a license under this section shall be required
to carry the license with him or have it at his business premises
while engaged in the licensed occupation. He shall produce the license
at the request of any Borough official. To every licensed peddler,
the Borough Clerk shall issue either a license card, button or metal
plate bearing the words "Licensed Peddler, Borough of Little Silver,"
together with the number of the license and the year for which it
is issued. All automobiles, wagons, carts or other vehicles used for
peddling shall have affixed thereon the license. A transient merchant,
transient merchant peddler and new merchant shall post a license certificate
in a prominent place on his business premises. The vendors of all
other classes shall, if the license is in the form of a button, have
the same affixed on the lapel of his garment while engaged in business.
a.
Peddlers; Solicitors; Mobile Retail Food Vendors. Fifty ($50.00)
dollars per year; twenty ($20.00) dollars for one week; and ten ($10.00)
dollars for one day. Every peddler's license shall expire on December
31 of the year in which it is issued.
b.
Transient Merchants. Four hundred twenty-five ($425.00) dollars per
year, except that in the event the transient merchant operates in
the nature of a traveling or street show, carnival or circus, the
fee shall be twenty ($20.00) dollars per day.
c.
Transient Merchant Peddler. Fifty ($50.00) dollars per year, plus
twenty ($20.00) dollars per week for each peddler.
d.
Junk Dealer. Fifty ($50.00) dollars per year.
e.
For All Other Licenses. The fee shall be ten ($10.00) dollars to
cover the cost of issuance.
f.
Fingerprint Card Fee. For each license issued under this section,
there shall be a fingerprint card processing fee which shall be nonrefundable
and paid upon application for such license.
Any license issued hereunder may be suspended by the Borough
Clerk for any infraction or violation of the terms of the license,
or of any Borough ordinance, State or Federal statute, or falsification
in applying for a license. The suspension shall become effective by
the mailing of a notice to the address appearing upon the application
which states that opportunity for a hearing will be given at a time
within five days from date of notice before the Borough Council who,
upon a finding of a violation, may revoke the license, and in event
of failure of licensee to appear the license shall automatically be
revoked.
a.
Upon the expiration of any license issued under the provisions of
this section, the holder shall surrender the same to the Borough Clerk
within 24 hours. Upon notice of the cancellation or revocation of
any license issued under the provisions of this section, the holder
shall surrender the same to the Borough Clerk within 24 hours after
notice of such cancellation.
b.
The holder shall not canvass or solicit orders for any articles from
pedestrian or vehicular traffic on or adjacent to any public street,
avenue or highway within the Borough limits in such manner as will
interfere with its normal use.
c.
The holder shall not enter in any house, building or other structure
or any land or property, without the prior consent of the owner or
occupant where there is placed or posted on the premises in a conspicuous
position at or near the usual means of ingress, a sign or other form
of notice stating or indicating that the owner or occupant forbids
or otherwise does not desire persons engaged in such a similar activity
to enter upon the premises.
d.
The holder shall give a written receipt to the purchaser, which shall
be signed by the holder and shall set forth a brief description of
the article ordered, the total purchase price and the amount of payment,
if any, received by the holder from the purchaser.
e.
The holder shall not canvass or solicit orders anywhere in the Borough
after 9:00 p.m. prevailing time on any day.
This section shall not affect any person engaged in the delivery
of goods, wares, merchandise or other articles or things in the regular
course of business to the premises of persons ordering or entitled
to receive the same.
[Amended 2-27-2017 by Ord. No. 792-17]
There shall be no soliciting, canvassing, distributing or peddling
after 7:00 p.m. or dusk, whichever comes sooner, on any day.
Except for licenses issued for one or more days, licenses shall
be effective only from January 1 through December 31 of each calendar
year. All licenses shall expire and be void at 12:00 midnight on December
31 of each year.
There shall be no transfers of any license from one person to
another at any time or for any reason.
[Added 2-24-2020 by Ord.
No. 836-20]
a.
Notwithstanding the provisions of any other section of this article,
any person or entity owning property within the Borough shall have
the right to make a determination of who shall or shall not be invited
to their property. If a determination has been made by a property
owner that solicitors and canvassers shall not be invited to their
respective properties notice of the determinations by the occupant
refusing to invite solicitors, peddlers and canvassers to any property
shall be given by notice posted on the premises and/or by requesting
to be maintained on the Borough Do Not Knock List.
b.
No-Knock List: The office of the Borough Clerk shall maintain a list
of addresses of those premises where the owner and/or occupant has
notified the Borough Clerk that soliciting and canvassing are not
permitted on his or her premises. Notification shall be by completion
of a form available at the Borough Clerk's office during normal
business hours, Monday through Friday from 8:00 a.m. to 4:00 p.m.,
except weekends and legal holidays, and on the Borough website.
c.
The Borough Clerk shall submit the do-not-solicit list of addresses
only to the Chief of Police on a quarterly basis. The do-not-knock
list shall be distributed to applicants seeking authorization to solicit
or canvass pursuant to this article. The persons seeking to solicit
or canvass shall not solicit or canvass at any address listed on the
do-not-knock list.
d.
On or about January 1, April 1, July 1 and October 1 of each year,
the Borough Clerk's office shall update the list. The updated
list shall then be forwarded to the Chief of Police and for distribution
to solicitors and/or canvassers.
[Added 2-24-2020 by Ord.
No. 836-20]
Any person(s), firms(s) or corporation(s) who violates any provision
of this section shall, upon conviction thereof in Municipal Court,
pay a fine not exceeding $200. Each day that such violation shall
continue shall be considered a separate violation.
As used in this section "bicycle" shall mean a device having
two wheels with tires 20 inches or more in diameter, connected by
a frame of metal or wood and arranged to be propelled by human power.
This definition shall not apply to toy bicycles or velocipedes.
It shall be unlawful for any person residing in the Borough
to ride or use a bicycle unless the bicycle has been registered with
the police department and a license obtained therefrom as prescribed
in this section.
The police department shall, upon written application to it,
issue to residents of the Borough, licenses for bicycles. The licenses
shall be valid annually from October 1 to the following September
30 and shall be dated the date of issue. Upon issuance of the license,
it shall be lawful to operate such bicycles upon the streets and public
highways of the Borough as long as the license shall not be revoked
or suspended.
The police department shall annually provide the licensee with
a metal license plate, a registration certificate card and a letter
indicating issuance by the Borough. Both license plate and registration
card shall be stamped with the year of issuance and the license number.
License numbers shall be issued in numerical order.
The license plate shall be suitable for attachment to the rear
of the bicycle seat at a location where it will always be plainly
visible. It shall be the duty of the police department to attach or
to supervise the attachment of the license plate in a manner that
will prevent its removal during the valid term of the license.
Before issuance of the license plate and registration card,
the fee prescribed in subsection 6-2.8 shall be paid. The police department
shall keep a record of the date of issuance of each license and shall
issue a report and remit all funds collected to the Borough treasurer
each Monday.
It shall be the duty of any person who sells or transfers ownership
of any bicycle to report within two days such sale or transfer by
returning to the police department his registration card together
with the name and address of the person to whom the bicycle was sold
or transferred.
It shall be unlawful for any person to willfully or maliciously
remove, destroy, mutilate or alter the number of any bicycle frame
licensed pursuant to this section. It shall also be unlawful for any
person to remove, destroy, mutilate or alter any license plate, seal
or registration card during the time in which the license plate, seal
or registration card is operative, provided that nothing in this section
shall prohibit the police department from stamping on the frame of
bicycles on which no serial number can be found or on which the number
is illegible for identification purposes. The police department may
also stamp upon the frame of any registered bicycle a number which
shall be the secret number of the police department, if so required
in the administration of this section to prevent bicycle larceny and
recover stolen bicycles.
The following rules and regulations shall be observed in the
operation of a bicycle on the streets and public places of the Borough.
a.
Every person operating a bicycle shall at all times operate the bicycle
with due regard for the safety of other persons and vehicles lawfully
upon the streets and public places, as well as for his own safety,
and shall at all times and under all conditions yield the right of
way to pedestrians on the streets, public places and crosswalks.
b.
Every person operating a bicycle shall comply with all vehicle traffic
laws which apply to bicycles, and all vehicle traffic signs and signals
erected for the regulation of traffic.
c.
No person shall operate a bicycle upon the streets, and public places
of the Borough during the period of one hour after sunset to one hour
before sunrise unless such bicycle is equipped with a front light,
casting a beam of white light in front of such bicycle visible for
not less than 500 feet, also a rear signal, i.e., an official reflector
or red light visible for not less than 500 feet.
d.
No person shall operate a bicycle upon the streets and public places
of the Borough, that is not equipped with adequate brakes and warning
signal, all of which are in proper working order during the operation
of the bicycle and have passed police inspection.
e.
All persons operating a bicycle shall ride single file, in a straight
line and as near the right hand curb as possible on all main highways
and thoroughfares and in central business sections and when riding
on other streets shall not ride in groups not more than two abreast.
f.
Before turning or changing the direction of any bicycle upon any
street, or public place, the bicycle rider shall give a signal, by
the extension of the hand to indicate the direction he intends to
proceed.
g.
No person operating a bicycle upon any street, or public place shall
attach himself to any other moving vehicle.
h.
No person operating a bicycle equipped for carrying only the rider
shall carry another person on the front or rear frame or handlebar
of a bicycle.
i.
No person operating a bicycle shall engage in fancy or trick riding
without maintaining full control of the bicycle and keeping both hands
on the handle bar, except when necessary to signal.
The following license fees shall be collected by the police
department for the various types of licenses provided under this section.
a.
The license fee to be paid for each bicycle registered shall be one
($1.00) dollar for the first year, or any part of the first year for
which such license shall be issued, it being understood that all licenses
issued under this section expire annually on April 30.
b.
In the case where the transfer of bicycle ownership is made in the
manner prescribed in this section, the fee for the transfer of the
license shall be one ($1.00) dollar.
c.
Upon loss of a license plate, and upon evidence satisfactory of such
loss, a new license plate shall be issued upon payment of one ($1.00)
dollar and in such case where a new license plate is issued, the bicycle
shall be brought in for inspection and a new license plate affixed
as provided herein.
Any and all licenses shall be issued for the remainder of the
license year after the date of issue.
The chief of police, or his designated representative, shall
inspect each bicycle offered for registration and shall also examine
the riding qualifications of the applicant as to his knowledge of
the vehicle traffic laws of the State, applying to bicycles, traffic
signs and signals, as set forth in subsection 6-2.7. If the applicant's
riding qualifications, knowledge of the vehicle laws of the State
applying to bicycles, the bicycle safe riding rules and regulations,
and the official police instructions for the safe operation of a bicycle
are not satisfactory, or the bicycle is not in good ridable condition
and properly equipped as provided for in this section, registration
of the applicant's bicycle shall not be issued until all requirements
are fulfilled.
a.
Any person under the age of 18 years who violates any of the vehicle
traffic laws or the bicycle provisions of this section relating to
safe riding rules and regulations and the official police instructions
for the safe operation of a bicycle, shall be, for the first offense,
reprimanded in writing by the police department, addressed to the
parents or guardian of the offender, stating the nature of the violation
and a warning that a repetition of the violation or any other violation
must be prevented by the parents or guardian, or the offender's registration
certificate will be suspended for a period of time at the discretion
of the police department and during that period of time, the offender
may not ride his bicycle on the streets. On the second offense, the
license shall be revoked and the registration tag shall be removed
from the bicycle.
The following words and phrases as used in this section shall
have the meanings and definitions indicated:
a.
"Private
auction" shall mean the sale, offering for sale to the highest bidder,
barter, exchange or display of any new or used goods, including but
not limited to furniture, sporting goods, fixtures, tools, equipment,
food, clothing, metal, glass, paper, rubber, synthetics, household
goods or rummage, conducted upon private premises, and conducted by
a person employed for said purpose whether compensated or not.
b.
"Private
premises" shall mean any dwelling, house, building or other structure,
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
garage, steps or vestibule belonging or appurtenant to such dwelling,
house or other structure.
c.
"Private
sale" shall mean the sale, barter, exchange or display of any new
or used goods, owned by the licensee or consigned to him/her, including
but not limited to furniture, sporting goods, fixtures, tools, equipment,
food, clothing, metal, glass, paper, rubber, synthetics, household
goods or rummage, conducted upon private premises. Private sales shall
include all sales entitled "private sale," "garage sale," "lawn sale,"
"attic sale," "rummage sale," "tag sale," or "flea market sale," or
any similar casual sale of tangible personal property which is advertised
by any means whereby the public-at-large is or can be made aware of
said sale.
a.
No private sale or private auction shall be conducted within the
Borough of Little Silver except in conformance with the provisions
of this section.
b.
No private sale or private auction shall be conducted within the
Borough of Little Silver unless a permit shall have first been issued
by the Borough Clerk permitting same.
c.
No private sale or private auction shall be conducted within the
Borough of Little Silver except between the hours of 9:00 a.m. and
sunset on the day for which a permit is issued. No permit shall be
issued for more than three consecutive days.
d.
The provisions of this section shall not apply to or affect the following
persons or sales:
1.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction;
2.
Persons acting in accordance with their powers and duties as public
officials;
3.
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 in number;
4.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business, wherein such sales would
be permitted by the zoning regulations of the Borough, or under the
protection of the nonconforming use section thereof, or any other
sale conducted by a manufacturer, dealer or vendor and which sale
would be conducted from property zoned premises and not otherwise
prohibited by an ordinance of the Borough.
a.
Upon filing an application with the Borough Clerk stating the name
of the person(s), firm, group, corporation, association or organization
conducting such sale; name of owner(s) or lessee(s) of the property
on which the sale is to be conducted; the date and place where the
private sale or private auction is to be conducted; the type of merchandise
to be sold; and the date upon which the last permit, if any, was issued,
either to the applicant or for the same premises covered by the current
application, together with the filing fee, the Borough Clerk shall
issue a permit authorizing same.
b.
An application shall be filed for a private auction not less than
21 days prior to the date of the proposed auction, and one for a private
sale not less than ten days prior to the date of the proposed sale,
together with a fee in the amount of five ($5.00) dollars for a private
sale, fifty ($50.00) dollars for a private auction, for the issuance
of a permit. The permit shall be issued within five business days
of filing.
c.
Upon receipt of an application the Borough Clerk shall refer same
to the police department, which shall examine the proposed sale site
to determine whether the proposed sale poses a possible threat to
pedestrian, vehicular or public safety. In the event the police department
determines that special conditions should be imposed on the sale for
reasons of pedestrian, vehicular or public safety, the police department
shall make such reasonable conditions as may be necessary to protect
the public. These conditions may include (but are not limited to)
requiring the permittee to employ a special police officer, or officers,
to direct traffic and/or pedestrians, limiting the hours of sale;
requiring additional parking; limiting the number of persons at the
sale site, etc.
d.
No person, firm or corporation shall be issued more than two permits
within a one-year period; nor shall more than two permits be issued
for any one location within a one-year period.
a.
In connection with the conduct of any private sale or public auction,
advertising signs shall be permitted only on the premises at which
the sale or auction is to be held, or on other private property with
the permission of the property owner. Placement of any other sign
on public or private property is expressly prohibited.
b.
The size of any sign permitted by the terms of this section shall
not exceed two by three feet (2' x 3').
c.
No sign advertising any private sale or private auction governed by the provisions of this section shall be erected earlier than two days prior to the commencement of such sale or auction, and any such sign shall be removed immediately upon the expiration of the permit authorized under subsection 6-3.3 of this section.
Any person, firm or corporation violating any of the provisions
of this section shall, upon conviction, pay a fine not exceeding two
hundred ($200.00) dollars. Each day that such violation shall continue
shall be considered a separate violation.
This section shall be enforced by the police department. It
shall be the duty of the police department to investigate any violations
of this section coming to its attention, whether by complaints or
arising from its own personal knowledge, and if a violation is found
to exist, it shall prosecute a complaint before the local municipal
court pursuant to the provisions of this section.
shall mean the chief of police of the Borough of Little Silver.
shall mean any individual, firm, partnership, association,
corporation, company or organization of any kind.
shall mean any public assembly, parade, march, block party,
walkathon, bike-a-thon, jogging group, ceremony, show, exhibition,
pageant, procession of any kind or any similar display in or upon
any street, sidewalk, park or other public place in the Borough.
shall mean a permit as required by this section.
No person or organization of any kind or class shall engage
in, participate in, aid, form or start any public assembly unless
a public assembly permit shall have been obtained from the chief of
police.
This section shall not apply to:
Any person desiring a public assembly permit shall file an application
with the chief of police on forms provided by the chief's office.
There shall be no application fee. It is requested that applications
be filed not less than 20 days before the date on which the public
assembly is to be conducted. The chief of police shall, however, also
consider applications which are filed less than 20 days before the
date on which the public assembly is to be conducted. The application
shall contain the following:
a.
The name, address and telephone number of the person seeking to conduct
such public assembly.
b.
If the public assembly is to be conducted for or on behalf of any
organization, the name, address, and telephone number of the authorized
and responsible leaders of the organization, together with the address
and telephone number of the headquarters of the organization.
c.
The name, address and telephone number of the public assembly chairperson
or the person personally responsible for the conduct of the public
assembly.
d.
The date when the public assembly is to be conducted.
e.
The route to be traveled, including the starting point and the termination
point, together with all streets, sidewalks, parks or other public
places to be traversed during the public assembly.
f.
The approximate number of persons who will constitute or partake,
and if animals will be included in the public assembly or line of
march then the specific type of animal, whether domestic or wild,
and the number and description of the motor vehicles or any other
type vehicle expected to be used in the public assembly.
g.
The number of monitors to be provided and the identifying marks,
badges or symbols to be worn or used by the monitors.
h.
The hours when the public assembly will start and terminate.
i.
Whether the public assembly will occupy all or only a portion of
the width of the streets, sidewalks, parks or other public places
to be traversed. If yes, describe in detail the specific streets,
sidewalks, parks or other public areas and locations.
j.
The time at which the public assembly will begin to assemble at the
assembly areas designated above.
k.
The interval of space to be maintained between each unit of the public
assembly.
l.
If the public assembly is being held by, 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 public assembly, authorizing the applicant
to apply for the permit on behalf of the person holding the public
assembly.
m.
Insurance information.
n.
A statement of the purpose of the public assembly.
o.
Any additional information which the chief of police may find reasonable
for a fair determination as to whether a permit should be issued.
a.
Standards. The chief of police shall order that a permit be issued
after consideration of the application, if he determines that:
1.
The conduct of the public assembly will not substantially interrupt
the safe and orderly movement of traffic contiguous to the route of
the public assembly.
2.
The conduct of the public assembly will not require the diversion
of so great a number of the police officers of the Borough to properly
police the public assembly and contiguous area so as to prevent normal
police protection of the Borough.
3.
The concentration of persons, animals and vehicles at assembly points
of the public assembly will not unduly interfere with the proper fire
and police protection or ambulance service to areas contiguous to
the assembly areas.
4.
The conduct of the public assembly will not interfere with the movement
of fire fighting, first aid or other safety vehicles so as to interfere
with normal fire protection, ambulance service or other safety services
in the Borough.
5.
The public assembly is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable
delays en route.
6.
The public assembly is not held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit.
b.
Contents of Permit. Each permit shall state the following information:
1.
Starting time.
2.
Minimal speed.
3.
Maximum speed.
4.
Maximum interval of space to be maintained between the units of the
public assembly.
5.
The portions of the public property to be traversed or which may
be occupied by the public assembly.
6.
The maximum length of the public assembly in miles or fraction thereof.
7.
Such other conditions as the chief of police shall find necessary
to reduce or minimize dangers and hazards to vehicular and pedestrian
traffic and the public health, safety and welfare.
If the application shall be disapproved, the chief of police
shall give written notice thereof to the Borough Clerk and applicant
setting forth the reasons for the denial of the permit.
The chief of police shall notify the applicant for a public
assembly permit of his decision on such application within 24 hours
of the time that the application was filed.
a.
The chief of police, in denying an application for a public assembly
permit, shall be empowered to authorize the conduct of the public
assembly on a date, at a time or over a route different from that
named by the applicant. If the applicant desires to accept the alternate
permit, he shall notify the chief of police by written notice of acceptance,
at least five days prior to the date when the public assembly is to
be conducted. An alternate public assembly permit shall conform to
the requirements of, and shall have the effect of, a public assembly
permit.
b.
The chief of police shall not approve more than one public assembly
permit for any one twenty-four-hour period. When there is more than
one public assembly application for the same date, the application
received first will be granted the permit, provided all the conditions
of this Ordinance are met.
Immediately following the issuance of a public assembly permit,
the chief of police shall send a copy thereof to the following:
Any permittee under this section shall comply with all permit
directions and conditions and with all applicable laws and ordinances
of the Borough.
a.
Insurance. The applicant, prior to any permit becoming effective,
shall procure and maintain for the permitted public assembly an insurance
policy with not less than one million ($1,000,000.00) dollars combined
single limit for bodily injury and property damage as well as automobile
public liability (if applicable) and property damage insurance with
limits in amounts not less than one million ($1,000,000.00) dollars
for bodily injury and five hundred thousand ($500,000.00) dollars
for property damage. The comprehensive general liability policy shall
include the Borough of Little Silver as an additional insured. The
applicant shall provide the Borough Clerk with certificates evidencing
the required insurance coverage at least three working days prior
to the date of the parade and said insurance may not be canceled or
altered without written consent of the Borough.
b.
Exceptions. If the applicant is a nonprofit organization or a group
of individuals and the person or organization represents in the application
that it is unable to obtain such insurance, the insurance requirements
shall be waived.
The public assembly chairperson or such person in charge of
or leading the activity shall carry the public assembly permit upon
his person during the conduct of the public assembly.
a.
Interference. No person shall unreasonably hamper, obstruct or impede
any public assembly or any person, vehicle or animal participating
or being used in the public assembly.
b.
Driving through public assembly. No person shall drive a motor vehicle
between the vehicles or persons participating in any public assembly
when the vehicles or persons are in motion and are conspicuously designated
as a public assembly.
c.
Parking on public assembly route. The chief of police shall have
the authority, when reasonably necessary, to prohibit or restrict
the parking of vehicles along any road or part thereof constituting
part of a route of a public assembly. The chief of police shall post
signs to such effect and no person shall park or leave unattended
any vehicle. This section shall be effective only upon posting of
proper signs.
Any person, firm or corporation that shall be convicted of a
violation of any provision of this section shall, upon conviction
thereof by any court authorized by law to hear and determine the matter,
be subject to a fine not exceeding five hundred ($500.00) dollars
or imprisonment for a term not exceeding 30 days, or community service
not exceeding 90 days, or any combination of such penalties as the
court in its discretion may impose. Each day that such violation exists
shall constitute a separate offense.
[Ord. #768-2015]
[Ord. #768-2015]
For the purpose of this section, the following terms, phrases,
words and their derivation shall have the meaning given herein. When
not inconsistent with the context, words used in the present text
include the future, words in the plural number include the singular
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
shall mean to demand and/or accept payment or compensation
for completion of services.
shall mean to be in the business, occupation or trade of
adorning or improving property or portion of property by trimming
or cutting grass and/or shrubs; by planting, installing or removing
leaves, branches, grass, flowers, mulch, hedges or shrubs; or by planting,
removing or installing trees. As used in this section, landscape and
landscaping shall also refer to solicitation of the above referenced
services.
shall mean any individual or entity whose existence is recognized
by law, including, but not limited to, any partnership, corporation
(for-profit, nonprofit or municipal or its agencies), firm, association
or any combination of the foregoing.
[Ord. #768-2015]
a.
At the time of registration, applicants shall provide proof that
they have received a copy of and will comply with the provisions of
the Borough's ordinance, policies and schedules regulating its leaf,
brush and branch collection program.
b.
Every registration shall be issued and renewed on an annual basis,
effective February of each year, upon payment of an annual fee to
the Borough in the amount of fifty ($50.00) dollars. The first year,
2015 registrations shall be effective July at a cost of twenty-five
($25.00) dollars and will run until February 2016.
c.
No registration shall be required for any owner, lessee or tenant
of real property who shall personally perform activities otherwise
requiring a registration; except that all such work must otherwise
comply with the Borough's ordinances, policies and schedules.
d.
The Borough makes no guarantee or representation regarding the fitness,
knowledge or qualification of any person that is registered by the
Borough to engage in landscaping for hire.
[Ord. #768-2015]
Any person(s), firm(s) or corporation(s) who violate any provision
of this section shall, upon conviction thereof in Municipal Court,
pay a fine not exceeding two hundred ($200.00) dollars. Each day that
such violation shall continue shall be considered a separate violation.
