City of Asbury Park, NJ Chapter 4 General Licensing

§ 4-1 BUSINESS LICENSES.

§ 4-1.1 License Required.

[2000 Code § 4-1.1; Ord. No. 2015-49; amended 11-8-2023 by Ord. No. 2023-32]

No person within the City shall engage in or carry on any business, listed in subsection 4-1.4, or use any vehicle, stand, store or other place listed in Subsection 4-1.4 unless a license is first obtained from the City.

§ 4-1.2 License Application.

[2000 Code § 4-1.2; Ord. No. 2962; Ord. No. 2977; amended 11-8-2023 by Ord. No. 2023-32]

Application for a license, unless otherwise provided, shall be made to the License Inspector, City Clerk or duly authorized representative of the Clerk, and the license shall be issued by the City Clerk or duly authorized representative of the Clerk. In addition to all other requirements, each applicant must provide proof of liability insurance coverage concerning the licensed premises, including the name of the applicant's insurance carrier, the expiration date of the general liability insurance policy covering the licensed premises, and a copy of the declaration page. No license shall be granted until the license fee has been paid. Every license shall specify by name the person to whom it is issued, the business for which it is granted and the location at which such business is to be carried on.

§ 4-1.3 Terms of License.

[2000 Code § 4-1.3; Ord. No. 2962; Ord. No. 2015-49; amended 12-12-2018 by Ord. No. 2018-53; 11-8-2023 by Ord. No. 2023-32]

License fees shall be payable annually to the City Clerk or duly authorized representative of the Clerk, on January 1 and licenses shall expire on the following December 31. Year-round businesses shall pay the applicable fee no later than March 1, or a late fee of $100 will be assessed. Seasonal businesses (May 1 to September 30) shall pay the applicable fee no later than June 1, or a late fee of $100 will be assessed. New business licenses issued between September 1 and December 31 shall be issued for 1/2 of the fees prescribed in Subsection 4-1.4.

§ 4-1.4 Fees.

[2000 Code § 4-1.4; Ord. No. 2615; Ord. No. 2015-49; Ord. No. 2016-50; amended 11-8-2023 by Ord. No. 2023-32]

a. Fees Enumerated. The annual license fees paid to the City for conducting the business herein named at the place to be designed in the license certificate issued therefor are as follows:

Amusements or amusement rides, each	$250
Arcade Games, per machine	$30
Automobile/Motor Cycles agency or show rooms:
Sale of New Cars/Motor Cycles only	$310
Sale of Used Cars/Motor Cycles only	$310
Sale of New and Used Cars/Motor Cycles	$625
Automobile Rentals	$125
Automobile Repair and/or Service Station	$125
Barber Shop	$60
Plus per chair	$15
Brewery/Distributors	$375
Brewery/Distributors that provide tours and/or sells product to public	$625
Boarding houses:
Each sleeping room	$15
Minimum license fee	$60
Contractors/General Builders, any kind	$125
Cosmetology/Hair/Spa/Nails/Waxing	$200
Dance Hall	$185
Hotels, motels, inns, bed & breakfast, lodging houses:
Each sleeping room	$20
Minimum license fee	$150
Liquor Distributors	$125
Driving School	$125
Drug Store/Pharmacy	$250
Food Store:
0 to 3,000 square feet	$185
3,001 square feet and over	$1,875
Laundromat:	$75
Plus per machine	$5
Live entertainment conducted for private pecuniary gain in
Non-City owned buildings with an occupancy capacity of 1,000 persons or more	$3,125
Market Place/Inside Flea Markets	$125
Miscellaneous (other business not classified or enumerated)	$125
Newspaper Publisher	$185
Nightclubs, established, permitting dancing or public entertainment where food or beverages are served to patrons:
Accommodations, up to 100 persons	$250
Accommodations, from 101 to 200 patrons	$350
Accommodation over 200 patrons	$500
Professional Services (accounting, legal, medical and other such services provided by a formally certified member of a professional body)	$125
Real Estate Agent	$125
Restaurants:
Seating capacity fewer than 25	$125
Seating capacity 26-50	$225
Seating capacity 51-100	$350
Seating capacity over 100	$500
Retail (any sale of goods)	$125
Shuttle Services	$250
Studios (dance, art, photography, etc.)	$125
Swimming Pools	$625
Theater, opera or movie:
0-150 persons	$185
151-350 persons	$500
351-999 persons	$1,000
1,000 persons or more	$3,125

b. Additional Fee for Mercantile Licenses with Non-Life Hazard Uses. In addition to the fees enumerated in paragraph a. above, all mercantile licenses with non-life hazard uses, as determined by the Fire Official of the City of Asbury Park, shall pay an additional fee as established in Chapter XIV, Fire Prevention and Protection, per year to cover the cost of an annual fire inspection as required by the Division of Fire Safety Bureau of the New Jersey Department of Community Affairs.

§ 4-1.5 Compliance with Laws; Revocation of License After Hearing; Transfers.

[2000 Code § 4-1.6; Ord. No. 2962; Ord. No. 2015-49; amended 11-8-2023 by Ord. No. 2023-32]

No license certificate shall be issued to any person who has not complied with the laws of the State of New Jersey, or the provisions of this Code providing regulations respecting the safety of persons who may have occasion to use the premises, place or thing licensed. In case any person licensed fails to comply with such laws or ordinances after due notice and opportunity to be heard, the City Council may revoke such license. Any license provided for by this Chapter may be transferred from one (1) person to another but no license shall cover any other place of business than that for which it was issued. Any such transfer of license shall be subject to a fee of ten (10%) percent of the regular license fee, with a minimum fee of fifteen ($15) dollars, and shall be payable to the City Clerk.

§ 4-1.6 Enforcement.

[2000 Code § 4-1.7; Ord. No. 3056; Ord. No. 2015-49; amended 11-8-2023 by Ord. No. 2023-32]

Any Code Enforcement Official, Police Officer of the City, the Construction Code Official of the City, the Zoning Officer, any Health Officer or any other City official or employee authorized by the City Clerk, is permitted to execute and enforce the enforcement regulations adopted to protect and facilitate the carrying on of the several businesses, licensed by this Chapter.

§ 4-1.7 Access to Premises.

[2000 Code § 4-1.8; Ord. No. 3056; Ord. No. 2015-49; amended 11-8-2023 by Ord. No. 2023-32]

Every person conducting a business required to be licensed shall permit any Code Enforcement Official, Police Officer of the City, the Construction Code Official of the City, the Zoning Officer, any Health Officer or any other City official or employee authorized by the City Clerk to have access to any building or premises for the purpose of ascertaining whether there has been compliance with the provisions of this section and to determine the fees to be paid and to issue summonses when warranted.

§ 4-1.8 Issuance, Renewal and Revocation of Business Licenses Where Property Taxes, Assessments, or Sewer Utility Bills are Delinquent; Hearing.

[2000 Code § 4-1.9; Ord. No. 2962; Ord. No. 2015-49; amended 11-8-2023 by Ord. No. 2023-32]

a. The City Clerk or duly authorized representative of the City Clerk, may condition the issuance or renewal of any license or permit described in this Chapter upon the following requirements: payment by the applicant, if he/she is the owner thereof, of any delinquent property taxes and assessments, including any sewer utility bills, on the property wherein the business or activity is to be conducted.

b. Where the holder of any license or permit described in this Chapter is also the owner of the property wherein the business or activity is conducted and where the owner has failed to pay property taxes, assessments, and sewer utility bills due upon the property for at least three (3) consecutive quarters, such license or permit may be revoked by the Mayor and Council. Upon payment of the delinquent taxes, assessments and sewer utility bills, the license or permit shall be restored, provided that all other requirements of the license or permit are satisfied.

c. Any person who is denied a license or permit pursuant to paragraph a. or whose license or permit is revoked pursuant to paragraph b. may file a written appeal with the Mayor and Council. The Mayor and Council shall then schedule a hearing within thirty (30) days from the date or the filing of the written appeal or a reasonable time thereafter. At the hearing the Mayor and Council will consider the following factors as well as any and all other factors relevant in determining whether to deny or revoke a license or permit:

1. The amount due on delinquent taxes and for what period(s);

2. Any prior history of delinquent taxes;

3. Reasons for failure to pay taxes; and

4. The ability to pay delinquent taxes as of the hearing date or within a reasonable time thereafter.

Mayor and Council shall notify the applicant in writing of its decision within ten (10) days of the hearing. If the appeal is denied, the written decision shall set forth the reasons for the denial.

§ 4-1.9 Standards of Operation; Revocation or Suspension; Complaints.

[2000 Code § 4-1.10; New; Ord. No. 2015-49; Ord. No. 2016-50; amended 11-8-2023 by Ord. No. 2023-32]

a. Notwithstanding any of the foregoing references to revocation of a Business License, a license may be revoked or suspended in the event that any business is operated in a manner which substantially impairs public safety to its customers or to the general public. As a specific standard, the following activities shall be deemed to be injurious to the public health and therefor prohibited: loud and abusive noises coming from tenants, guests or business invitees; loud gatherings at all hours of the day and night within and upon the business premises; boisterous activities; loud, unruly and profane language; public drunkenness; minors consuming alcoholic beverages; overcrowding upon the business premises or near the business premises due to activity upon the business premises; use of fireworks; public urination; excessive noise as defined in the following subsections; and any other disorderly acts which disturb the peace and good order of the neighborhood and community.

b. As a further specific standard, any creating of loud or unnecessary noise shall be prohibited upon the business premises or near the business premises due to activity upon the business premises. The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise in the City is hereby prohibited.

c. The making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.

d. In the event that the City, through its Police Department or municipal offices or officers, receives a complaint(s) arising from incidents concerning the improper operation of a business establishment constituting an action injurious to the public health, safety and welfare, the following actions shall be taken.

1. If the City Clerk, or a duly authorized representative of the Clerk, shall be of the opinion that the violation substantially impairs the public safety to its customers or to the general public, the Business License shall be immediately be suspended. At the request of the Business Licensee, a hearing will thereafter be scheduled before the City Manager, or a duly authorized representative, within five (5) days of the request, to reinstate said Business License.

2. If the City Clerk, or a duly authorized representative of the Clerk, shall be of the opinion that the violation is minor in nature, the City Clerk, or a duly authorized representative of the Clerk, shall cause a written notice to be issued and served upon the licensee in question. Service of said written notice may be made by personal service, certified mail, return receipt requested, or regular mail in the event that service is refused. If the whereabouts of the licensee is unknown and the same cannot be ascertained by the exercise of reasonable diligence, the Clerk, or a duly authorized representative of the Clerk, shall make an affidavit to that effect and then serve such written notice by publishing the same once each week for two (2) consecutive weeks in the newspaper printed and published in the City of Asbury Park or in the absence of said newspaper, in a newspaper printed and published in Monmouth County and circulating in the City of Asbury Park. The written notice shall clearly state the charges brought against the licensee and shall contain a notice that a hearing will be held before the City Manager, or a duly authorized representative, at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the service of said written notice. The written notice shall also advise the licensee that said licensee shall have the right to file a response to the written notice and to appear, in person, by attorney, or otherwise, to give testimony or present evidence in his defense.

3. No later than ten (10) days after the conclusion of the above hearing, the City Manager, or a duly authorized representative, or such person as they shall designate shall issue a written decision setting forth its findings. If the City Manager, or a duly authorized representative, concludes that the licensee has operated its business in a manner injurious to the public health, safety and welfare, then said written order shall prescribe the remedial action to be taken by the licensee and/or the penalty to be imposed. Penalties may include the suspension or revocation of the licensee's Business License. Any person who violates any provision of this section, upon conviction, shall be liable to the penalty stated in Chapter I, Section 1-5.

§ 4-1.10 Sale of Animals Restricted.

[Ord. No. 2017-25; amended 11-8-2023 by Ord. No. 2023-32]

a. Definitions.

ANIMAL CARE FACILITY

Shall mean an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.

ANIMAL RESCUE ORGANIZATION

Shall mean any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

CAT

Shall mean a member of the species of domestic cat, Felis catus.

DOG

Shall mean a member of the species of domestic dog, Canis familiaris.

OFFER FOR SALE

Shall mean to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.

PET SHOP

Shall mean shall mean a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

b. Restrictions on the Sale of Animals.

No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs and cats.

§ 4-2 PEDDLERS.

§ 4-2.1 Definitions.

[2000 Code § 4-2.1]

As used in this section:

CANVASSER or SOLICITOR

shall mean any person, whether a City resident or not, who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sale of services, goods, wares or merchandise, including magazines, books, periodicals, photographs or personal property of any nature for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he/she is collecting advance payment on such orders. The term also includes any person who, for himself/herself or for another person, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or other place in the City for the primary purpose of exhibiting samples and taking orders for future delivery. The terms also include any person who distributes circulars, or any other matter, from house to house in the City.

PEDDLER

shall mean any person, whether a City resident or not, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing same for sale, or making sales and delivering articles to purchasers.

§ 4-2.2 License Required.

[2000 Code § 4-2.2]

No peddler, canvasser or solicitor shall engage in any such business in the City without first obtaining a license therefor.

§ 4-2.3 Exceptions.

[2000 Code § 4-2.3]

This section does not apply to persons selling personal property at wholesale to dealers in such articles, or to newsboys, or to any sale required by statute or by order of any court, or to any person conducting a bona fide auction sale pursuant to law.

§ 4-2.4 Application for License.

[2000 Code § 4-2.4]

a. Applicants for a license under this section shall file with the City Clerk a sworn application, in writing on a form to be furnished by the City Clerk, which shall give the following information:

1. Name and physical description of the applicant.

2. Complete permanent home and local address of the applicant.

3. A brief description of the nature of the business and the goods to be sold.

4. If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship.

5. The length of time for which the right to do business is desired.

6. The source of the supply of goods or property proposed to be sold, or order taken for the sale thereof, where such goods or products are located at the time the application is filed, and the proposed method of delivery.

7. A recent photograph of the applicant, approximately two (2) inches by two (2) inches, showing the head and shoulders of the applicant clearly.

8. The names of at least two (2) property owners of Monmouth County who will certify as to the applicant's good character and business respectability; or in lieu of the names of references, such other appropriate evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.

9. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any City ordinance other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor.

10. The last municipalities, not to exceed three (3), where applicant carried on business immediately preceding date of application and the addresses from which such business was conducted in those municipalities.

§ 4-2.5 Charitable Solicitations.

[2000 Code § 4-2.5]

a. Exemption from Provisions. Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization upon the streets, in office or business buildings, by house to house canvass, or in public places for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of subsections 4-2.4, 4-2.6 and 4-2.7 provided there is filed a sworn application, in writing on a form to be furnished by the City Clerk, which gives the following information:

1. The name and purpose of the cause for which permit is sought.

2. Names and addresses of the officers and directors of the organization.

3. Period during which solicitation is to be carried on.

4. Whether or not any commission, fees, wages or emoluments are to be expended in connection with.

b. Issuance of Permit. Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, the City Clerk shall issue a permit without charge to such organization to solicit in the City. Such organization shall furnish all of its members, agents or representatives conducting solicitation credentials in writing stating the name of the organization, name of the agent and purpose of solicitation.

§ 4-2.6 Investigation of Applicant.

[2000 Code § 4-2.6; New]

Upon receipt of each application it shall be referred to the Chief of Police, who shall immediately institute such investigation of the applicant's business and moral character as he/she deems necessary for the public good. The Chief of Police shall endorse his/her approval or disapproval on the application within seventy-two (72) hours after it has been filed by the applicant with the Clerk. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his/her disapproval and reasons for same, and return the application to the City Clerk, who shall notify the applicant of such disapproval and that no license shall be issued.

§ 4-2.7 Fees.

[2000 Code § 4-2.7; Ord. No. 2763]

a. The applicant for a license under this section shall pay the following:

1. The cost charged by the N.J. State Police for background check (fingerprinting) to be paid at the time of filing the application.

2. Fifty ($50) dollars per week.

The annual fees shall be assessed on a calendar year basis. On or after September 1, the fee for a license to the end of the calendar year shall be one hundred ($100) dollars.

b. Any veteran who holds a special State license issued under the laws of the State of New Jersey is exempt from securing a license, but shall comply with subsections 4-2.11 and 4-2.12 and shall procure from the City Clerk a special veteran's permit, which shall be issued by the Clerk upon proper identification.

c. Any person engaged in interstate commerce is exempt from the payment of any application and license fees, but such person is subject to all other provisions of this section. In lieu of the license he/she shall apply for and procure a special permit from the City Clerk upon proper identification and proof.

d. Any individual or corporation who employs three (3) or more persons as peddlers, solicitors or canvassers in the City in the operation of his/her business may have licenses issued to his/her employees at an annual fee of fifteen ($15) dollars per year for each employee. The employee is subject to all the provisions of this section. No license shall be issued to any such employee unless his/her employer certifies in writing that he/she is a bona fide employee and recommends the issuance of the license.

§ 4-2.8 (Reserved)

§ 4-2.9 Regulation of Activities.

[2000 Code § 4-2.9; Ord. No. 2763]

Every person to whom a license is issued under this section shall be governed by the following rules and regulations.

a. Circulars, samples or other matter shall be handed to an occupant of the property and not left on or about the premises.

b. No person shall canvass, solicit or distribute circulars or other matter, or call from house to house except on weekdays between the hours of 9:00 a.m. and 5:00 p.m.

c. No person shall enter or attempt to enter the house, apartment, or room of any resident in the City without having been requested or invited to do so by the legal occupant of the house, apartment or room.

d. No person shall conduct himself/herself in such manner as to become objectionable or to annoy an occupant of any house.

e. No licensee, nor any person in his/her behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any street or other public places, or upon private premises where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon a street or other public place for the purpose of attracting attention to any goods, wares or merchandise for sale.

f. No licensee has any exclusive right to any location in the public streets, nor shall any licensee be permitted in a stationary location thereon. The licensee shall begin the sale of his/her items/foodstuffs within five (5) minutes of the time he/she sets up and leave the location within five (5) minutes of his/her last sale to pedestrian patrons using the service. No licensee shall operate in a congested area where such operation might impede or inconvenience the public use of such streets. The judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.

§ 4-2.10 Exhibition of License.

[2000 Code § 4-2.10]

Licensees are required to exhibit their certificate of license at the request of any citizen or member of the Police Department.

§ 4-2.11 Reports of Violations.

[2000 Code § 4-2.11]

The Chief of Police shall report to the City Clerk all convictions for violation of this section and the City Clerk shall maintain a record for each license issued and record the reports of violation therein.

§ 4-2.12 Revocation of License; Hearing.

[2000 Code § 4-2.12]

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

1. Fraud, misrepresentation, or a material incorrect statement contained in the application for license.

2. Fraud, misrepresentation or a material incorrect statement made in the course of carrying on his/her business as solicitor, canvasser or peddler.

3. Any violation of this section.

4. Conviction of any crime or misdemeanor.

5. Conducting the business of a peddler, canvasser or solicitor in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

b. Notice of the hearing for revocation of a license shall be given by the City Clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed postage prepaid, to the licensee at his/her last known address at least five (5) days prior to the date set for hearing, or shall be delivered by a Police Officer in the same manner as a summons at least three (3) days prior to the date set for hearing.

§ 4-2.13 Term of License.

[2000 Code § 4-2.13]

All annual licenses expire at midnight of December 31, in the year when issued. Other licenses expire at midnight on the date specified in the license.

§ 4-3 TRANSIENT MERCHANTS AND ITINERANT VENDORS.

§ 4-3.1 License Required.

[2000 Code § 4-3.1]

A transient merchant or itinerant vendor as defined in N.J.S.A. 45:24-1 to 13 shall not engage in a merchandising business in the City with intent to close out or discontinue such business within a period of one (1) year from the date of commencement without a license.

§ 4-3.2 Statement.

[2000 Code § 4-3.2]

A transient merchant or itinerant vendor shall, before offering for sale any goods, wares, merchandise or bankrupt stock, make a declaration under oath to the City Clerk of the number of days he/she proposes to engage in such business, the location of personal property by street and number, and whether such property is on the premises upon which they are to be sold or in warehouses or storage.

§ 4-3.3 Fee.

[2000 Code § 4-3.3]

A transient merchant or itinerant vendor shall, before offering for sale any personal property, pay one thousand ($1,000) dollars to the City Clerk if the regular license fee for other than transient merchants or itinerant vendors is fifty ($50) dollars or over, and five hundred ($500) dollars if the regular license fee for other than transient merchants or itinerant vendors is less than fifty ($50) dollars. Upon payment of such sum, the merchant or vendor may apply for and receive a license which shall be valid for a period of one hundred eighty (180) days from the date of issuance.

§ 4-3.4 Application for License.

[2000 Code § 4-3.4]

Application for a license under this section shall be sworn to and shall disclose the name and residence of the owner or persons in whose interest such business is conducted; and the average quantity, kind, and value of the stock of goods, wares, merchandise or bankrupt stock intended to be sold or exposed for sale. The application shall also give the names and post office addresses of the persons from whom the goods making up the stock were or are to be purchased. The City Clerk, in arriving at the valuation, may require the submission of bills or invoices of such goods. A separate license shall be obtained for each separate place in which the business of a transient merchant or itinerant vendor is carried on, and each license shall authorize the licensee to carry on the business of a transient merchant or itinerant vendor only at the location indicated in the license.

§ 4-3.5 Bond.

[2000 Code § 4-3.5]

Before a license is issued, the applicant shall execute and deliver to the City Clerk a bond with good and sufficient surety, to be approved by the Clerk, equal in the amount to twenty-five (25%) percent of the value of the stock of goods, wares, merchandise or bankrupt stock, but in no event shall the bond be less than one thousand ($1,000) dollars. The bond shall remain in force for one (1) year, and be conditioned to indemnify and pay the City any penalties or costs incurred in the enforcement of any provisions of this section, and shall also be so conditioned to indemnify or reimburse any purchaser of goods in a sum equal to at least the amount of any payments such purchaser may have been induced to make through misrepresentation as to the kind, quality or value of such goods, whether the misrepresentations are made by the owner or his/her agent or employee, either at the time of making the same or through any advertisement printed or circulated with reference to the stock of goods.

§ 4-3.6 Service of Process.

[2000 Code § 4-3.6]

Before a license is issued, the applicant shall file with the City Clerk an instrument in writing nominating and appointing the City Clerk his/her true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license or the bond, or for any breach thereof. The instrument shall contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon the agent and when so made shall be taken to be as valid as if personally served upon the applicant according to the laws of New Jersey or any other State, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.

§ 4-3.7 Exceptions.

[2000 Code § 4-3.7]

This section does not apply to any charitable or religious society that conducts sales of goods, wares, merchandise or bankrupt stock when the proceeds thereof are applied to the payment of the expenses of the sale and to the charitable or religious object for which such charitable or religious society exists.

§ 4-3.8 Revocation of License.

[2000 Code § 4-3.8]

A license may be revoked by the City Clerk for violation of the terms of the license, violation of this section, or falsification in applying for a license. The licensed person shall be granted a hearing by the City Clerk after at least three (3) days' notice. A license may be suspended for not more than two (2) weeks by the issuing officer without a hearing, but no longer unless consented to by the licensee.

§ 4-3.9 Misrepresentation.

[2000 Code § 4-3.9]

No person shall falsely represent by advertising or otherwise that the goods, wares, merchandise or bankrupt stock he/she offers for sale are in whole or in part damaged goods saved from fire or make any false statement as to the previous history or character of such goods.

§ 4-4 GOING-OUT-OF-BUSINESS SALES.

§ 4-4.1 Definitions.

[2000 Code § 4-4.1]

As used in this section:

CITY

shall mean the City of Asbury Park.

CITY LICENSE OFFICER

shall mean the Clerk of the City of Asbury Park.

FIRE AND OTHER ALTERED GOODS SALE

shall mean a sale held out in such manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.

GOING-OUT-OF-BUSINESS SALE

shall mean a sale held out in such manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand, the business will cease and be discontinued including but not limited to the following sales: adjuster's adjustment; alteration; assignee's; bankrupt; benefit of administrator's; benefit of creditors; benefit of trustees; building coming down; closing; creditor's committee; creditor's; end; executor's; final days; forced out; forced out of business; insolvent's; last days; lease expires; liquidation; loss of lease; mortgage sale; receiver's; trustee's; quitting business.

Any person by his/her deviation from the customary methods of business operations, such as the failure to order seasonal merchandise, failure to renew lease, termination of employment of regular employees, employment of special sales techniques and personnel or who shall conduct himself/herself and the operation of his/her business in such a manner so as to give reasonable cause to believe that upon the disposal of the stock or goods on hand the business will cease and be discontinued, shall be deemed to be going out of business.

GOODS

shall mean and include any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.

REMOVAL OF BUSINESS SALE

is a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of the goods on hand and will then move to resume business at a new location or will then continue business from other existing locations.

§ 4-4.2 License Required.

[2000 Code § 4-4.2]

A license issued by the City License Officer, bearing a license number and the date on which the license was issued, shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one (1) of the following kinds, as herein defined:

a. Going-out-of-business sale.

b. Removal of business sale.

c. Fire and other altered goods sale.

§ 4-4.3 Application of Regulations.

[2000 Code § 4-4.3]

a. Established Business Requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six (6) months prior to the date of the proposed sale, shall not be granted a license, provided that upon the death of a person doing business in the City, his/her heirs, devisees, legatees or representatives shall have the right to apply at any time for a license hereunder.

b. Interval Between Sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one (1) year past from the date of such application shall not be granted a license.

c. Restricted Location. Where a person applying for a license hereunder operates more than one (1) place of business the license shall apply only to the one (1) store or branch specified in the application and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.

d. Persons Exempted. The provisions of this section shall not apply to or affect:

1. Persons acting 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. Duly licensed auctioneers, selling at auction.

4. Any publisher of a newspaper, magazine or other publication who, in good faith publishes any advertisement without actual knowledge of its false, deceptive or misleading character, or without actual knowledge that the provisions of this Chapter have not been complied with.

e. A person coming within the definition of "going-out-of-business" shall not offer to sell any goods at a sale to be advertised unless the advertisement shall clearly state the intent of the person that the business will cease and be discontinued by a specific date.

f. Any person who intends to cease and discontinue the operation of his/her business shall be required to secure a license and shall come within the provisions of this section as amended and supplemented.

§ 4-4.4 Application Requirements; Fees.

[2000 Code § 4-4.4]

a. Written Information Required. A person desiring to conduct a sale regulated by this section shall make a written application under oath to the License Officer setting forth and containing the following information:

1. The true name and address of the owner of the goods to be sold.

2. A description of the place where such sale is to be held.

3. The nature of the occupancy, whether by lease or sublease and the effective date of termination of such occupancy.

4. The dates of the period of time in which the sale is to be conducted.

5. A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted.

6. The means to be employed in advertising such sale together with the proposed content of any advertisement.

7. A complete and detailed inventory of the goods to be sold at such sale as disclosed by applicant's records. The inventory shall contain a clear description of each item to be sold with the brand name, if any, total number of each item to be sold and the date each item was purchased with invoice numbers for each item, the name of the person from whom purchased, and if not purchased, the manner of such acquisition. The inventory shall be attached to and become a part of the application required under this section. The inventory shall be signed by the person applying for the license or by an authorized agent, and by affidavit at the foot thereof he/she or such agent shall swear or affirm that the information therein given is full, complete and true, and known by such affiant to be full, complete and true. No goods other than that listed in the inventory herein provided for shall be advertised or sold at any sale for which a license is hereby required, and it shall be unlawful, for any person to sell, offer, or expose for sale, or to list on such inventory, any goods which are not the regular stock on hand at the store, the goods of which are to be closed out or disposed of through such sale, or to supplement, or to make any replenishments or additions from any manufacturer, jobber, wholesaler, warehouse, storage building or from any other premises, or from any source whatsoever and during the time thereof to advertise or represent the sale as being of the character for which a license is hereby required. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise any goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of or for the purpose of conducting any sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the applicant made within sixty (60) days before the filing of an application hereunder shall be deemed to be of such character.

8. All applications for license shall be kept on file by the License Officer and a record shall be kept here of all licenses issued upon such applications.

b. License Fee. Any applicant for a license hereunder shall submit to the License Officer with the application for license, a license fee, for a period not exceeding ten (10) days—one hundred ($100) dollars; for a period not exceeding twenty (20) days—two hundred ($200) dollars; for a period not exceeding thirty (30) days—three hundred ($300) dollars. Any applicant for renewal of any license granted hereunder shall submit to the License Officer with his/her application for renewal, a renewal license fee of one hundred ($100) dollars for an additional period not exceeding ten (10) days.

§ 4-4.5 Effect of License; Renewal.

[2000 Code § 4-4.5]

a. License Period and Renewal Procedure. The license shall authorize the sale described in the application for a period of not more than thirty (30) consecutive days, Sundays and legal holidays excepted, following the issuance thereof. The License Officer shall renew a license for one (1) period of time only, such period to be in addition to the thirty (30) days permitted in the original license and not to exceed ten (10) consecutive days, Sundays and holidays excepted, when the License Officer finds that facts exist justifying the license renewal; that the licensee has filed a written application for the renewal; that the licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory. For the purposes of this subsection, any application for a license under the provisions of this section covering goods previously inventoried as required hereunder, shall be deemed to be an application for renewal, whether presented by the original applicant, or by any other person.

b. Nature of Sale. The license shall authorize only one (1) type of sale described in the application at the location named therein.

c. Saleable Goods. The license shall authorize only the sale of goods described in the inventory attached to the application.

d. Surrender of General License. Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the License Officer all other business licenses he/she may hold at the time applicable to the location and goods covered by the application for a license under this section.

e. Nontransferability. Any license herein provided for shall not be assignable or transferable.

f. Inspection of Licensing Officer. The City License Officer or any person designated by him/her may in his/her discretion verify the details of any inventory filed, for the purpose of determining the correctness of the same, before issuing a "going-out-of-business sale license" or he/she may check and verify the items of merchandise sold during the sale, and it shall be unlawful for any person to whom such license has been issued to fail or refuse to give the City License Officer or any person designated by him/her for that purpose, all the facts connected with the stock on hand or the proper information that he/she may require in order to make a thorough investigation of all phases connected with the sale.

§ 4-4.6 Duties of Licensee.

[2000 Code § 4-4.6]

A licensee hereunder shall:

a. Adhere to Inventory. Make no additions whatsoever during the period of the licensed sale, to the stock of goods set forth in the inventory attached to the application for license.

b. Advertise Properly. Refrain from employing any untrue, deceptive or misleading advertising, and in any advertisement by handbills, circulars, placards, signs, notices, newspapers or publication or other advertising, include therein the number and date of the license issued by the License Officer.

c. Adhere to Advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.

d. Keep Duplicate Inventory. Keep available at the place of sale a duplicate of the inventory submitted with the application and present the same to inspecting officials upon request.

e. Segregate Noninventoried Goods. Keep any other goods separate and apart from the goods for sale and make such distinction clear to the public.

f. Cease Business at Conclusion of Sale. The licensee of a going-out-of-business sale shall not continue the business beyond the date specified for such sale and shall not upon conclusion of such sale, continue the business under the same name or under a different name in the same location or elsewhere in the City.

§ 4-4.7 Additional Regulations.

[2000 Code § 4-4.7]

The provisions of this section are in addition to the provisions of Section 4-1, Business Licenses, fixing license fees for mercantile and other businesses and things required to be licensed.

§ 4-5 LICENSING OF AMUSEMENT GAMES.

§ 4-5.1 Amusement Area Described.

[2000 Code § 4-5.1]

It is hereby determined, declared and found that the City constitutes a seashore resort with parts thereof customarily constituting an amusement or entertainment area, according to the customary understanding of such terms in the community, and which parts are more particularly described as follows:

a. All of that area east of Ocean Avenue commencing on the south at the southerly line between Asbury Park and Ocean Grove and extending northwardly to the City Line.

b. On the west side of Ocean Avenue extending to a depth of one hundred fifty (150') feet from Asbury Avenue to Fifth Avenue.

c. All of that entire block bounded on the north by Cookman Avenue, on the west by St. James Place, on the south by Lake Avenue and on the east by Kingsley Street.

§ 4-5.2 License.

[2000 Code § 4-5.2]

No person shall own or operate within the City any amusement games as defined by the Amusement Games Licensing Law (N.J.S.A. 5:8-78 et seq.), whether the game is of skill or chance or both, and whether the game is played and operated with or without numbers, name or symbols, without first obtaining a license from the Mayor and Council. Such license shall be issued pursuant and subject to the Amusement Games Licensing Law, as amended and supplemented.

§ 4-5.3 Application for License.

[2000 Code § 4-5.3]

Each applicant for such a license shall file with the City Clerk a written application, in such form as prescribed by and in accordance with the Amusement Games Licensing Laws, as amended and supplemented, and the rules and regulations promulgated by the Amusement Games Control Commissioner of the State of New Jersey.

§ 4-5.4 Fees.

[2000 Code § 4-5.4]

The fees for the type of licenses to be issued hereunder shall be as follows and such fees shall accompany the application for the license:

a. Games Permitted Under Category and Certification No. 1:

1. Balloon game (individually operated)	$50
2. Barrel games	$100
3. Basketball game	$50
4. Bear pitch game	$250
5. Break the dish game	$50
6. Bull pen ball game, per unit	$10
7. Cigarette cork rifle game	$150
8. Cigarette dart game	$150
9. Cigarette toss game	$250
10. Dart game (multiple 10¢ to play)	$100
11. Dodgem game	$50
12. Glass pitch game	$250
13. Hoopla game	$50
14. Milk bottle game	$50
15. Milk can game	$50
16. Penny pitch game	$200
17. Pig slide game	$100
18. Ping-pong ball game	$250
19. Ring toss game	$50
20. Shooting gallery game (with prizes)	$100
21. Stuffed cat game	$50
22. Over and under game	$125

b. Games Permitted Under Category and Certification No. 2:

1. Arcade game (each 50 unit) (each additional unit, $10 per unit)	$500
2. Arcade games (less than 50 units)	$17/unit
3. Pokerino (each 50 units) (each additional unit, $10 per unit)	$500

c. Games Permitted Under Category and Certification No. 3:

Non-draw raffle games:

1. Duck pond game	$75
2. Fish pond game	$75
3. Grab bag game	$75
4. Pick the stick game	$75

d. Games Permitted Under Category and Certification No. 4:

Competitive games:

1. Bowlo games	$500
2. Fascination game (50 units)	$500
Over 50 units, per unit	$10
3. Greyhound game (manually operated) per unit	$15
4. Skilo game	$500
5. Throw fascination game (50 units)	$500
Over 50 units, per unit	$10

e. Games Permitted Under Category and Certification No. 5:

Games of chance:

1. Stop and go

$200

f. Games Permitted Under Category and Certification No. 6:

Guessing Games:

1. Guess your age game	$50
2. Guess your weight game	$50

g. Games Permitted Under Category and Certification No. 7:

1. High striker game	$150
2. Ring the bell game	$150

h.

Any game not specifically mentioned in this subsection but permissible under N.J.S.A. 5:8-78 et seq.

$500

§ 4-5.5 Employees' Identification Cards.

[2000 Code § 4-5.5]

Each applicant shall pay a fee of two ($2) dollars for fingerprinting and issuance of identification cards for each employee of the licensee under the rules and regulations promulgated by the Amusement Games Control Commissioner.

§ 4-5.6 Supervision.

[2000 Code § 4-5.6]

The Mayor and Council shall exercise control and supervision over all amusement game held, operated or conducted under a license issued under this section with all the powers authorized or granted to it under the Amusement Games Licensing Law, and amendments and supplements thereto, and the rules and regulations of the State Amusement Games Control Commissioner.

§ 4-5.7 Suspension and Revocation; Hearing.

[2000 Code § 4-5.7]

Disciplinary proceedings before the Mayor and Council on a complaint made for a violation of the provisions of this section or of the Amusement Games Licensing Law, as amended and supplemented, or of the rules and regulations promulgated by the State Commissioner of Amusement Games Control, pursuant to such law, shall be made on charges preferred against the licensee signed in the name of the Mayor and Council. No hearing shall be held thereon until a five (5) days notice of the charges preferred is given to the licensee personally or by mailing same by certified mail, return receipt requested, addressed to him/her at the licensed premises, and a reasonable opportunity to be heard thereon afforded to him/her. The licensee may be represented by an attorney licensed in the State of New Jersey at the hearing.

The Mayor and Council may suspend or revoke the license for proper cause after a hearing on the charges or may dismiss the charges.

§ 4-5.8 Revocation; Additional Penalties.

[2000 Code § 4-5.8]

If any licensee under this section violates any provision of this section or the Amusement Games Licensing Law, or the rules and regulations promulgated by the State Amusement Games Control Commissioner, or the terms of the license, such licensee shall be a disorderly person, and if convicted as such shall, in addition to any other penalty which may be imposed, forfeit the license issued to him/her under this section.

§ 4-6 POOL OR BILLIARD PARLORS.

§ 4-6.1 Definitions.

[2000 Code § 4-6.1]

As used in this section:

POOL or BILLIARD HALL or PARLOR and the words LICENSED PREMISES

shall mean any place of public assemblage in which the games commonly known as pool or billiards or games of similar nature are played.

§ 4-6.2 License Required.

[2000 Code § 4-6.2]

No person shall operate or conduct a pool or billiard hall or parlor without first having obtained from the City a license, and upon payment to the City of an annual license fee as provided in § 4-1.4.

§ 4-6.3 Application.

[2000 Code § 4-6.3]

Any person desiring to obtain such a license shall make application for the same in writing to the City Clerk, as provided in the Business Licenses regulations of the City as set forth in Section 4-1.

§ 4-6.4 Regulations.

[2000 Code § 4-6.4]

No licensee, nor any agent, servant, or employee of a licensee, shall allow, suffer, or permit, or caused to be allowed, suffered or permitted:

a. The licensed premises to be or remain open for business between the hours of 1:00 a.m. and 9:00 a.m. on a weekday, and between the hours of 2:00 a.m. and 1:00 p.m. on a Sunday.

b. A minor under the age of sixteen (16) years, unaccompanied by a parent or guardian, to play in or at the licensed premises of the games commonly known as pool or billiards or games of a similar nature, or to frequent or lounge or congregate or gather therein or in or about the front of the premises.

c. A minor over the age of sixteen (16) years and under the age of eighteen (18) years to play in or at the licensed premises, after the hour of 7:00 p.m., the games commonly known as pool or billiards or games of a similar nature, or to frequent or lounge or congregate therein.

d. Any gambling in any form in or at the licensed premises.

e. Any person under the age of eighteen (18) years to be employed in any capacity in or at the licensed premises.

f. Any intoxicated or disorderly person to be admitted to the licensed premises or to remain therein.

§ 4-7 MASSAGE ESTABLISHMENTS.

Prior source history includes portions of the 1977 Code §§ 3-8.1 through 3-8.11.

§ 4-7.1 Definitions.

[Ord. No. 2596; N.J.S.A. 45:11-53 et seq.]

As used in this section:

MASSAGE THERAPIST

shall mean a person licensed to practice massage therapy pursuant to N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68 et al.

MASSAGE

shall mean the administration by any person of a method of exerting or applying pressure, friction, moisture, heat, or cold to the human body, or the rubbing, stroking, kneading, pounding or tapping of the human body by any physical or mechanical means for any form of consideration and includes the definitions as stated in N.J.S.A. 45:11-55.

MASSAGE ESTABLISHMENT

shall mean any establishment or operation wherein a massage is administered, or is permitted to be administered, when such massage is administered for any form of consideration.

§ 4-7.2 License for Establishment Required.

[Ord. No. 2596]

No person shall operate any establishment or utilize any premises in the City as or for a massage establishment unless or until there first has been obtained a license for such establishment or premises from the City Clerk in accordance with the terms and provisions of this section.

§ 4-7.3 License for Massage Therapist.

[Ord. No. 2596; N.J.S.A. 45:11-53 et seq.]

No person shall render or perform services as a massage therapist or engage in the business of or be employed as a massage therapist unless and until he or she has obtained a massage therapist license in accordance with N.J.S.A. 45:11-53 et seq.

§ 4-7.4 Information Required.

[Ord. No. 2596; N.J.S.A. 45:11-53 et seq.]

Each and every applicant for a massage establishment license shall set forth the following information in writing on forms provided by the City Clerk:

a. The name and residence address of the applicant and all former addresses for a period of three (3) years prior to making the application.

b. The address of the establishment or premises to be used in the massage business and a physical description of the property and facilities.

c. A statement as to whether or not the applicant, or any officer or director thereof, if a corporation, has ever been convicted of a crime in this or any other State.

§ 4-7.5 License Fee.

[Ord. No. 2596; N.J.S.A. 45:11-53 et seq.]

The applicant for a license for a massage establishment or premises shall pay an annual license fee of one hundred ($100) dollars, which license fee shall become due on January 1 of each year.

§ 4-7.6 Approval of License.

[Ord. No. 2596; N.J.S.A. 45:11-53 et seq.]

Each application for a massage establishment license or the renewal thereof, which is submitted to the City Clerk shall not be issued until approval for same is received by the Police Chief. The Police Chief may not approve such application if, on the basis of past criminal record of the applicant or of the principals thereof, or on the basis of other evidence of bad character or morals, it shall be determined by the Police Chief that the granting or renewal of such license would tend to encourage or permit criminal or immoral activities within the City. Any applicant denied a license by the Police Chief shall have the right to appeal said decision to the Mayor and Council.

§ 4-7.7 Restriction on Treatment of Persons.

[Ord. No. 2596]

No person under the age of eighteen (18) years of age can be treated without the presence of a parent or adult guardian.

§ 4-7.8 Exemptions.

[Ord. No. 2596]

The provisions of this section shall not apply to massage or physical therapy treatments given by a R.M.T., L.M.T. or C.M.T.

a. In the office of a licensed physician, chiropractor or physical therapist.

b. In a regularly established medical center, hospital or sanitarium having a staff, which includes licensed physicians, chiropractors and/or therapists.

c. By any licensed physician, chiropractor or physical therapist in the residence of his/her patient.

§ 4-7.9 Violations.

[Ord. No. 2596]

Any person violating any of the provisions of this section, shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.

§ 4-7.10 Compliance with Laws.

[Ord. No. 2596]

All massage establishments and massage therapists shall comply with all other State laws and local ordinances of both the Board of Health and of the Mayor and Council in the City.

§ 4-8 SALE OF MERCHANDISE IN DEMONSTRATION PLACES OR SHOWROOMS.

§ 4-8.1 Preamble.

[2000 Code § 4-8.1]

In recent years, there has gradually started on the boardwalk in Asbury Park, a business which advertises itself as "demonstration places for the sale of merchandise."

These stores or places of business further advertise that "this is not an auction" and these places of business do not operate in the time-honored sense like auction houses in that they operate by the demonstrator setting the price of the article to be sold, and not the customer, with the sale to the highest bidder.

These places of business and the manner in which the business has been conducted have resulted in many complaints being made to the City Manager and Mayor and Council of the City to the effect that the customers of these establishments have allegedly not received that for which they bargained and the Mayor and Council are of the opinion that places of the nature set forth in this preamble, while strictly not auction houses, operate in a manner that they should be regulated like an auction house; and under the provisions of N.J.S.A. 40:48-1, Subsection 8, the Governing Body of a municipality may make ordinances to "regulate the ringing of bells and the crying of goods and other commodities for sale at auction or otherwise, and to prevent disturbing noises." The Mayor and Council are of the opinion that the business described is detrimental to the safety and welfare of the Municipality and its inhabitants, and under the police power of the Municipality, and the provisions of N.J.S.A. 40:48-2, which provides that a municipality may enact such ordinances not contrary to the laws of the State of New Jersey or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property and for the preservation of the public health, safety and welfare; under the provisions of N.J.S.A. 40:52-1 and 2, the City may fix fees for licenses which may be imposed for revenue and prohibit unlicensed businesses from being carried on.

The Mayor and Council of the City are of the opinion that this section is necessary to be enacted for the public welfare, safety and to prevent fraud and deception on the consumer public, and under the police power of the City.

§ 4-8.2 License Required to Demonstrate Goods.

[2000 Code § 4-8.2]

No person shall act as a demonstrator of goods or merchandise, and no person shall engage in the business of demonstrating goods within the limits of the City without first having had and obtained a "mercantile license" as hereinafter provided.

§ 4-8.3 Application for License.

[2000 Code § 4-8.3]

Before any license is granted, as set forth in § 4-8.2, the applicant shall make application, in writing, on a form to be provided by the City Clerk, and under oath; and file the same with the Clerk, where same shall be open for inspection. The application shall state:

a. Full name of applicant.

b. His/her residential address.

c. Length of time of continuous bona fide residence in the County immediately prior to making the application.

d. Places where applicant has resided for a period of three (3) years immediately prior to making the application.

e. Whether any person or persons or corporation other than applicant has any interest directly or indirectly in the license applied for or in the business to be conducted and, if so, the name, residence and interest.

f. If the applicant is a corporation:

1. Location of registered office in New Jersey and name of registered agent.

2. Date and State of incorporation.

3. The names and residences of all stockholders, directors and officers.

g. Address of place of business.

h. Whether applicant has ever been convicted of a crime.

i. The experience applicant has had as a demonstrator or as a person engaged in the business.

j. The place or places, and the time, that applicant has been so engaged.

k. The name of bonding company to furnish the bond as hereinafter required.

l. The applicant shall also file with the City Clerk where same may be open for inspection, but for the proper authorities only, certificates of approval by no less than three (3) reputable citizens of Asbury Park, each of whom shall certify that he or she has personally known the applicant for a period of at least three (3) years prior to the filing of the application; and that he or she has read such application, and has good and sufficient reason to believe that each of the statements therein are true; that the applicant is honest, of good character and competent to conduct the business and that such person is not related to or connected in a business way with the person so certifying. The certificates of approval shall be signed and duly verified and acknowledged before an officer authorized to take acknowledgments of deeds.

m. Each applicant shall furnish a photograph of himself/herself taken within one (1) year of the application, the photograph to be two (2) inches by two (2) inches, and to be securely attached to the license, if issued.

§ 4-8.4 Investigation.

[2000 Code § 4-8.4]

The City Clerk shall investigate, or cause to be investigated, each and every applicant.

§ 4-8.5 Bond Required.

[2000 Code § 4-8.5]

The City Clerk shall, as a condition precedent to the granting of the license to engage in the business, require the applicant to enter into a bond to the City of Asbury Park, executed by a surety company duly authorized to do business under the laws of the State of New Jersey; the bond to be approved by the City Clerk and to be in the sum of twenty-five hundred ($2,500) dollars, conditioned for the due observance of all such ordinances of the City, as are in force or may be passed respecting the conduct or operation of the business, at any time during the continuance of such business, for the performance of all duties, the rendition of all accounts and payment of all moneys required by law to be paid, and also conditioned for the payment to any person who shall be defrauded or suffer loss by reason of the violation of such business owner or any employee thereof of any of the provisions of this section, or State law, or any other ordinance that may hereafter be required. The bond shall be for the protection of persons and property, and for the preservation of the safety and property of the municipality and its inhabitants, and as may now or hereafter be required by any State law or Municipal ordinance or regulation.

§ 4-8.6 License Fee for Demonstration.

[2000 Code § 4-8.6]

The annual license fee for each demonstrator of goods or merchandise engaged to work in any "demonstration place" shall be fifty ($50) dollars.

§ 4-8.7 License Fee for Owners.

[2000 Code § 4-8.7]

The annual license fee for a person owning an establishment for the demonstration of goods or merchandise shall be one thousand ($1,000) dollars, which may be imposed for revenue purposes under the provisions of N.J.S.A. 40:52-2, in that the Mayor and City Council has found that this type of business requires continued inspection and the hiring of additional employees by the City to regulate the same.

§ 4-8.8 License Posted.

[2000 Code § 4-8.8]

Licenses issued under subsections 4-8.6 and 4-8.7 shall be posted for public inspection in a conspicuous place in the place of business of the licensee at all times.

§ 4-8.9 Inventory Book Required.

[2000 Code § 4-8.9]

Every individual or corporation operating a demonstration business shall keep books in which shall be described and inventoried in a clear, legible manner, all goods received at such establishment; the date of receipt; the name and place of business of the person or concern on whose account they are to be sold; the cost price to the licensee if purchased by him/her or consigned to him/her for purposes of sale, together with the name and addresses of the vendor, the names and addresses of the purchasers at the demonstration sale, the dates sold and the prices paid by the purchasers, together with a description of each article so sold. The books shall be open to inspection, at all times, by the licensing authority, or its duly authorized enforcement officers only.

§ 4-8.10 Tag Describing Materials.

[2000 Code § 4-8.10]

In addition to the records required to be kept as provided in § 4-8.9, every article offered for sale shall have securely attached a tag or label, upon which shall be plainly written or printed in the English language, a true and correct statement of the kind and quality of the material or substance of which such article is made or composed, if the article be one of those commonly classed as jewelry or articles commonly carried by persons engaged in the jewelry business. The tag shall state the percentage or carat of purity of such articles, in case the article be plated or overlaid, a true statement of the kind of plate and the percentage of purity thereof, and the kind of material or metal under the plating; if the article be one commonly known as precious, semi-precious, synthetic or imitation stones, then the true names, weight, quality and color of the stones must be shown; if watches or clocks, the true name of the manufacturer, the number of jewels and adjustments, the country of manufacture, and if any of such articles or part thereof be used or secondhand or old works in new cases, or the removal or substitution of works or any part has been made, such information must be noted on the tag which in each and every case must remain on the article until after same has been delivered and received by the customer. It is the intent of this section that every article purchased by a customer in a demonstration place or a place which demonstrates for sale articles shall have thereon a written statement of what the purchaser is obtaining and the price paid therefor.

§ 4-8.11 Bidding Regulation.

[2000 Code § 4-8.11]

It shall be unlawful for any demonstrator to accept anything other than bona fide bids.

§ 4-8.12 False Representation.

[2000 Code § 4-8.12]

It shall be unlawful for any demonstrator, in describing goods that he/she is offering to prospective purchasers at a price fixed by the demonstrator to directly or indirectly by verbal or written statement or advertisement, make any false representations as to the character, quality, condition, value or ownership or manufacturer of the goods.

§ 4-8.13 Substitution of Merchandise.

[2000 Code § 4-8.13]

It shall be unlawful to substitute another article for or in place of the article sold to the purchaser, and all articles being sold must at all times be kept within sight of the purchaser until delivered.

§ 4-8.14 Use of Sound Devices; Amplifiers.

[2000 Code § 4-8.14]

It shall be unlawful for any demonstrator, the licensee or any employees of the licensee to use any sound devices, microphone or amplifier, ring bells or make any raucous noise which can be heard outside of the premises, which noise disturbs neighbors or persons passing by and it shall be unlawful for any licensee or any employee of a licensee to make or cry excessively by his/her own voice or by sound producing devices which disturb persons outside the premises and which are made to attract patrons, solicit business or call forth or advertise their goods, wares or merchandise.

§ 4-8.15 Charges Against Licensee; Hearing; Revocation and Suspension.

[2000 Code § 4-8.15]

The City Clerk in charge of granting mercantile licenses may, upon his/her own motion or upon the complaint in writing of any person, file written charges against the licensee and hold a hearing on whether or not disciplinary action, such as suspension or revocation of license, shall be the penalty against the licensee. The charges must be served personally or by certified mail upon the licensee, which charges shall include notice of a hearing to be held before the City Clerk, not more than twenty (20) or less than ten (10) days from the date of service of the charges upon the licensee, at which hearing the licensee shall have the right of having counsel and produce witnesses in his/her behalf and to cross-examine witnesses against him/her. The licensee may be penalized by suspension or revocation of the license if, in the opinion of the City Clerk, based upon the greater weight of the believable evidence, the licensee has been guilty of violating any statute of the State of New Jersey or ordinance of the City, and the licensee, under the provisions of this section shall be responsible for the actions of any and all of his/her employees.

In addition to any penalty herein provided, any person, whether demonstrator or licensee, employee or owner, may be prosecuted before the Municipal Court of the City for violations of any provision of this section and, upon conviction thereof for each offense, shall be liable to the penalty as stated in Chapter I, Section 1-5.

§ 4-8.16 Definitions.

[2000 Code § 4-8.16]

PERSON or APPLICANT or LICENSEE

shall mean and include any individual or individuals, copartners, corporation or associations; wherever a statement or act is required to be made or done by a corporation the same shall be effected by its duly authorized officers, the use of the singular shall be deemed to include the plural, as well; the masculine shall be deemed to apply also to the feminine.

§ 4-8.17 Refunds.

[2000 Code § 4-8.17]

It shall be unlawful for any licensee hereunder to refuse to refund or return the money, check or other evidence of indebtedness to the person who has purchased an article or merchandise from the licensee within twenty-four (24) hours when demand has been made for the return of the money, check or other evidence of indebtedness within seventy-two (72) hours after the purchase, provided that the purchaser returns the article or merchandise to the place of purchase in the same condition as it was in when purchased.

§ 4-8.18 Signs Posted Stating Refund Policy.

[2000 Code § 4-8.18]

The licensee in the licensed premises must display, at all times, a sign on the licensed premises of at least eighteen (18) inches by eighteen (18) inches with large legible letters stating "Cash Refunds In Full Amount Of Purchase Within 24 Hours Of Demand Made Within 72 Hours Of Purchase."

The printing on the sign must be one (1) inch in height and one (1) inch in width for each letter.

The sign must be displayed for easy view by the public.

§ 4-8.19 Names of Licensees.

[2000 Code § 4-8.19]

Every licensee, whether an employee, demonstrator under § 4-8.6 or an owner under § 4-8.7, must have his/her name prominently displayed on or in the premises in print of at least four (4) inches in height so that the same can be easily read by the customers.

§ 4-8.20 Minimum Distance Between Licensed Businesses.

[2000 Code § 4-8.20]

No license shall be granted to any place demonstrating goods as set forth herein that is located within eight hundred fifty (850) feet of any existing place of business of the same type or kind for which a license has been issued.

§ 4-9 DISPLAY OF MERCHANDISE IN PUBLIC AREAS; OUTDOOR/SIDEWALK CAFES.

Previous ordinance history includes Ordinance Nos. 2291 and 2875.

§ 4-9.1 Definitions.

[Ord. No. 3071; amended 4-14-2021 by Ord. No. 2021-14; 11-8-2023 by Ord. No. 2023-33]

For the purpose of this section:

MERCHANT WARES

Shall include, but not be limited to, merchandise, chattels or other articles for sale to the public, along with accompanying showcase(s), stand(s), sales counter(s), sales apparatus, cart(s), vehicle(s), and/or other necessary items used for purposes of display.

OUTDOOR/SIDEWALK CAFE

Shall mean an area adjacent to a restaurant, bar, market or other commercial establishment that is intended to be utilized for the purpose of outdoor dining, including the service of food and/beverages with tables and chairs, and which is required to be licensed pursuant to this section. An outdoor/sidewalk cafe shall also mean an area adjacent to a craft brewery or craft distillery where patrons may consume beverages purchased from such establishment.

PUBLIC AREA

Shall include, but not be limited to, that portion of a public sidewalk, public right-of-way, public plaza, public boardwalk, or public park, which immediately abuts a commercial establishment. For purposes of this section, the public beach shall not be construed as a public area which is subject to licensing as an outdoor cafe.

REQUIRED PEDESTRIAN PASSAGEWAY

Shall mean an area of sidewalk, parallel to the principal facade and the curbline, at least five (5) feet wide between the adjacent building and the adjacent curb, which shall be unobstructed by trees, tree wells, light poles, trash receptacles, sign poles and posts, telephone booths and similar structures. The passageway shall not meander around obstructions, and should be aligned via a constant offset from the curbline as determined by the City. The required passageway shall not include an area of sidewalk that is within 4 feet from the curbline.

STREETSCAPE IMPROVEMENTS

Shall consist of curbs, sidewalks, handicap ramps, street trees, tree grates, planters, benches, trash receptacles, street lighting, crosswalks, wayfinding signs, and any other element that may be associated with improvements in the public right-of-way.

§ 4-9.2 License Required.

[Ord. No. 3071; Ord. No. 3079; amended 11-8-2023 by Ord. No. 2023-33]

No person shall place or allow to be maintained in or upon any public area as defined herein any merchant wares, nor shall a person establish, maintain or operate an outdoor/sidewalk cafe or otherwise serve food and beverages in any public area as defined herein without first obtaining a license from the City Clerk or duly authorized representative of the Clerk.

§ 4-9.3 Regulations.

[Ord. No. 3071; Ord. No. 3079; Ord. No. 3091; amended 4-14-2021 by Ord. No. 2021-14; 11-8-2023 by Ord. No. 2023-33]

Any person who wishes to utilize a public area as defined herein in the manner specified in this section and who obtains the proper license from the City Clerk or duly authorized representative of the City Clerk is required to adhere to the following regulations:

a. Merchant wares and/or outdoor/sidewalk cafes to be located in public areas as defined herein must be placed in such a manner that the displays or cafe is no further than twenty (20) feet from the exterior wall of the commercial establishment. Additionally, no furniture, apparatus, decoration or appurtenance used in connection with the display of merchant wares or the operation of the outdoor cafe shall be located in or project or protrude into any required pedestrian passageway or be closer than four (4) feet to a curb, and such encumbrances shall not pose a safety hazard to the general public or be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure. Seating capacity for outdoor/sidewalk cafes in the public area shall be provided by tables and chairs/benches, and must not exceed four (4) people per 100 square feet of space.

b. Merchant wares and outdoor/sidewalk cafes to be located in a public area as defined herein must be placed and/or set up in a neat and orderly fashion, and the area of use may be demarcated through the placement of a temporary barricade which is acceptable to the City. Temporary barricades shall be a maximum of three (3) feet high and 18 inches deep and may not be permanently affixed into the public sidewalk, boardwalk, or exterior of any building. Any temporary barricade must also be modular and each module shall be no more than eight (8) feet in length and shall be portable, should its removal ever be required for emergency access to the public area by the City. The design, type and placement of the temporary fence or barricade must be reviewed and approved by the City before the license is issued.

c. Merchant wares and outdoor/sidewalk cafes to be located in a public area as defined herein shall be solely an extension of the permitted business use within the adjacent building or storefront with frontage on that public area. The exterior boundaries of the outdoor use shall be determined by the front building facade or storefront which abuts the public area, and the furthest extent of any temporary barricade, furniture, apparatus, decoration or appurtenance used in connection with the display of merchant wares or the operation of the outdoor cafe in the public area.

d. Merchants are responsible for policing the public area which they occupy and keeping it free of trash and debris. Merchants, and in particular restaurants, sponsoring outdoor/sidewalk cafes in front of their establishments, are responsible for providing their own trash receptacles and shall not rely on City receptacles for the disposal of refuse. These trash receptacles shall not be located within the public areas. Recyclables shall be disposed of in accordance with City Code and regulations.

e. Music is permitted between the hours of 12:00 p.m. and 10:00 p.m. each day within the approved boundaries of the occupied public area, provided the music is not amplified in any way, and that the display of merchant wares or the operation of the outdoor cafe remains the principal use of the occupied space.

f. No queuing of customers in connection with the display of merchant wares or the operation of the outdoor cafe shall be permitted in the required pedestrian passageway.

g. Canopies, pergolas, tents, and outdoor bars and counters are strictly prohibited in the public area. Umbrellas are permitted for providing shade to diners and shoppers, but must be closed nightly and shall not protrude into the required pedestrian passageway.

h. Temporary barricades, furniture, apparatus, decoration or appurtenances used in connection with the display of merchant wares or the operation of the outdoor cafe shall be completely removed from the public area from December 31st through March 1st. Permanent, year-round structures of any kind are not permitted in the public area.

i. All persons applying for a license must submit a general liability insurance certificate covering bodily injury and property damage with a minimum of one million ($1,000,000) dollars per person and one million ($1,000,000) dollars per accident or occurrence. The City of Asbury Park shall be named coinsured and the applicant shall also execute a Hold Harmless Agreement, in a form provided by the City Clerk or duly authorized representative of the Clerk and which is approved by the City Attorney, between the applicant and the City of Asbury Park. The Certificate of Insurance and the Hold Harmless Agreement shall be submitted at the time of application for a license.

j. All applicants shall also submit a site plan, which depicts the area of proposed use, showing the location of all temporary barricades, furniture, apparatus, decoration or appurtenances, which shall be placed within the public area. The site plan shall also show the location of any fire hydrant, plug or standpipe, utility pole, parking meter station, bench, trash receptacle, tree, telephone booth or other permanent fixture between the building and the curb including a clear indication of the presence of any required pedestrian passageway. The plan shall be drawn to scale and must show exact written dimensions of the proposed layout, but need not be professionally prepared. Once a license application is approved by the City, the site plan shall be legally binding and anything not shown on the plan shall not be permitted in the public area.

k. Any outdoor heaters and/or propane to be used in connection with the display of merchant wares or the operation of the outdoor cafe shall require approval from the Fire Official and must be shown on the submitted site plan, as referenced in Subsection 4-9.3.j.

l. Any lighting to be used in connection with the display of merchant wares or the operation of the outdoor cafe shall be coordinated in a consistent approach which compliments the adjacent architecture and landscape design and must not exceed a color temperature of 2,700K. All lighting must be shown on the submitted site plan, as referenced in Subsection 4-9.3j.

m. All applicants shall be responsible for securing any and all other licenses, permits and/or approvals which may be required pursuant to State law or local ordinance in conjunction with their proposed use of the public area for their specific purpose, including but not limited to applicable Fire Code, liquor license or other requirements.

§ 4-9.4 Application: Investigation, Issuance or Denial.

[Ord. No. 3071; Ord. No. 3079; amended 11-8-2023 by Ord. No. 2023-33]

a. An application for a license to use a public area as defined herein in the manner specified in this section shall be available on a form issued by the City Clerk or duly authorized representative of the Clerk. No applications for such a license shall be accepted until the applicant has already obtained a valid business license, as referenced in Subsection 4-1.1. Once a completed application is received by the Clerk or duly authorized representative of the Clerk with the required Insurance Certificate, Hold Harmless Agreement and the licensing fee, it shall be reviewed by the Planning and Redevelopment Department, Fire Department, and the Health Department, where necessary, and/or their designee(s), which will conduct an investigation into the data contained in the application. As part of their investigation, the aforesaid City Departments shall take into consideration the proposed location of the requested activity, potential interference of the activity with pedestrians or vehicular traffic, appropriateness of design, the business record of the applicant, and any public safety, health and welfare consideration. Upon completion of their investigation, the aforesaid City Departments shall forward their findings and recommendations to the City Clerk or duly authorized representative of the Clerk, which may include conditions intended to be attached to the license for the health, safety and welfare of the public. The City Clerk or duly authorized representative of the Clerk, after consideration of the application and the findings made by the aforesaid City Departments, and in consultation with the City Manager, shall issue or deny the license, with such conditions as may be required per the review and recommendations of said Departments.

b. Licensed businesses in the City may apply to utilize additional unreserved public space in front of an adjacent property for the display of merchant wares or the operation of an outdoor cafe, provided that the business wishing to utilize the additional space submits a new application along with a letter from the adjacent business or property owner with the available space authorizing the use of that space. All of the regulations as referenced in § 4-9.3i shall apply.

§ 4-9.5 Annual Licensing Fees.

[Ord. No. 3071; Ord. No. 2015-16; Ord. No. 2016-49; amended 4-14-2021 by Ord. No. 2021-14; 11-8-2023 by Ord. No. 2023-33]

a. Public Areas on the Boardwalk. Any person submitting an application to use a portion of the boardwalk in the manner specified in this section shall pay an annual licensing fee of fifty ($50) dollars, plus six ($6) dollars per square foot of the boardwalk area that they intend to utilize.

b. Other Public Areas. Any person submitting an application to use public areas as defined herein other than the boardwalk in the manner specified in this section shall pay an annual licensing fee of fifty ($50) dollars, plus six ($6) dollars per square foot of the public area that they intend to utilize.

§ 4-9.6 Annual Renewal.

[Ord. No. 3071; amended 12-12-2018 by Ord. No. 2018-53; 11-8-2023 by Ord. No. 2023-33]

License fees shall be payable annually to the City Clerk or duly authorized representative of the Clerk, on March 1st and licenses shall expire on December 31st of each year. If the licensee desires to expand or change their usage of the public area in any way that differs from the site plan on file with their approved license application, they must make a new application and obtain an updated license approval, per subsection 4-9.4., prior to executing any such changes.

§ 4-9.7 Violations; Penalty.

[Ord. No. 3071; amended 11-8-2023 by Ord. No. 2023-33]

Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.

§ 4-9.8 Exceptions.

[Ord. No. 3071; amended 11-8-2023 by Ord. No. 2023-33]

This section shall not apply to the following provided they do not substantially inhibit the flow of pedestrian traffic.

a. Flags.

b. Flowers, artificial or natural.

c. Streetscape improvements which are available to all members of the public and have been reviewed and approved by the Department of Planning and Redevelopment. These improvements shall be permanent fixtures not associated with merchant wares or outdoor cafes in a public area.

§ 4-9.9 Conflicts with Regulations; Authority of City Manager and Council.

[Ord. No. 3071; amended 11-8-2023 by Ord. No. 2023-33]

a. Should there be any conflict or inconsistency between this section and any other section of the Code, this section shall control.

b. The City Manager, subject to the approval of the City Council, shall have the authority to waive or modify the requirements set forth herein in those circumstances where such a waiver or modification is warranted and deemed to be in the best interests of the City.

§ 4-10 PERMITS FOR SPECIAL EVENTS.

Editor's Note: Ord. No. 2023-15 amended § 4-10 in entirety. Prior history includes Ord. No. 2362; Ord. No. 2456; Ord. No. 2458; Ord. No. 2477; Ord. No. 2489; Ord. No. 2760; Ord. No. 3005; Ord. No. 2015-45; Ord. No. 2016-55; and Ord. No. 2021-6.

§ 4-10.1 Definitions.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

For the purpose of this section:

DEMONSTRATION

Shall mean a public assembly, meeting, gathering or protest which may include speechmaking, marching, holding of vigils and all other forms of conduct for the purpose of expressing views or grievances. Such gatherings would occur on City streets, sidewalks, or property.

FARMERS MARKET

Shall mean a common facility or area where several farmers or growers gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables or other locally-grown farm products directly to consumers.

FLEA MARKET

Shall mean an open market, usually held outdoors where a variety of goods are sold including jewelry, household goods, food and other inexpensive items.

NON-PROFIT

Shall mean an organization or entity which has been duly established and operates in accordance with the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1-1, et seq., or a similar entity which has been organized under the laws of a jurisdiction other than the State of New Jersey (defined as a "foreign corporation" under N.J.S.A. 15A:1-2f) and which may have obtained federal tax exempt status under Section 501(c) of the Federal (IRS) Tax Code.

PARADE

Shall mean organized public procession on a festive or ceremonial occasion; to march or walk in a procession.

RALLY

Shall mean a demonstration as that term is defined above.

SPECIAL EVENT

Shall mean a preplanned event or series of events for a duration of seven (7) days or less, sponsored by a public or private person or entity, which is:

a. Located wholly or partially on property owned or maintained by the City; or

b. Permissibly located on any other property and requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the City routinely provides; or

c. Any parade or other event, such as a concert, race, walkathon, bicycle race, fair, carnival, celebration, sporting event, flea market, plunge, bonfire, show, or wedding, or any other type of large event generating a parking or traffic situation that may interfere with the movement of normal traffic and/or emergency vehicles, taking place in or upon any street, park, beach, or other public place, or private property, in the City of Asbury Park.

The following shall be illustrative of, but not limited to, the type of event requiring a permit: the closing of a public street, the sale of merchandise, food or beverage on public property (except where an outdoor merchandise/sidewalk café license pursuant to Section 4-9 of the City Code has been obtained from the City Clerk), or on private property where otherwise prohibited by law, the installation of a stage, bandshell, trailer, van, portable building, tent, grandstand or bleachers on public property, or private property, or any event conducted in a public park or on a public beach, or bonfire conducted on the beach.

§ 4-10.2 Purpose and Intent.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

The purpose and intent of this section is to enable the City of Asbury Park and its Governing Body to have control over the type and scope of special events, as defined herein, to be held within the confines of the City, while ensuring the protection of the interests of those in the community upon whom such special events shall impact.

§ 4-10.3 Permit Required.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

Any person or organization desiring to hold any special event as defined herein, must first apply for and obtain a special events permit in accordance with the requirements of this section.

§ 4-10.4 Application.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

a. A person or organization seeking issuance of a permit hereunder shall file an application with the City Manager or his or her designee, on a form to be provided for that purpose, on which form the applicant shall furnish pertinent information to include but not limited to the following:

1. The name, address, e-mail address and telephone number of the applicant.

2. The name, address, e-mail address and telephone number of the person or persons, corporation, organization or association sponsoring the activity.

3. A detailed description of the proposed event and a sketch that shows the area or route to be used, along with proposed structures, tents, fences, barricades, signs, banners and restroom facilities, more commonly referred to as a "footprint."

4. The date(s) and hours for which the permit is desired.

5. The location of the event for which the permit is desired, and complete details as to how the applicant intends to provide for security, traffic control, site cleanup, separation of recyclables and disposal of trash and debris and parking (and in particular, whether any temporary parking areas will be required).

6. The number of attendees, participants, spectators, contestants and/or other people that are reasonably anticipated to attend the event.

7. A detailed description of the City's resources or services that shall be required to be provided in connection with the event.

8. Any applicant claiming status as a nonprofit organization shall be required to provide the necessary documentation to that effect.

b. Upon verification that the application is complete, the City Manager or his or her designee shall refer the application to the Special Events Committee for preliminary review in accordance with this section. The Special Events Committee may require the applicant to supplement its application with any pertinent documentation that may be of assistance to the Committee, and to the Mayor and City Council, in their review of the application.

c. All completed applications must be submitted to the City Manager or his or her designee at least thirty (30) days prior to the desired event, unless the applicant receives a waiver of this requirement from the Mayor and City Council, or unless the application is for a special event of the type covered by paragraph e. below. The City reserves the right to reject an application if fees for a prior year's event have not been paid in full or if the applicant is delinquent in payment of any City taxes, fines or fees.

d. All complete applications submitted with the application fee(s) will be reviewed within forty-five (45) days of submission.

e. Information concerning public gatherings and assemblies protected by the First Amendment to the United States Constitution and the New Jersey State Constitution (i.e., demonstrations, rallies, etc.), shall receive an expedited review. Such permits shall be granted or denied by the City Manager, acting on behalf of the Mayor and City Council, within three (3) business days of receipt of a fully completed application. The City Manager's granting of an approval may be with such conditions as are deemed to be in the best interests of the City, upon consultation with members of the Special Events Committee (including the Mayor or the Mayor's designee to the Committee), Police Chief, Fire Chief, and any other relevant City officials.

§ 4-10.5 Fees.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

All applicants for special events permits shall be required to pay a nonrefundable application fee, as well as all other fees that are determined to be necessary by the Special Events Committee, as approved by the Mayor and City Council, depending upon the nature and extent of the proposed activity. The application fee shall be due and payable at the time that an application is submitted. Other fees that may be required include, but are not necessarily limited to: costs associated with the provision of police and/or fire supervision, emergency services, staffing, use of City owned property and/or use of City owned vehicles or equipment and the creation and/or use of temporary parking areas. Applicants shall be provided with an estimate of required fees by the City Manager or his or her designee after the Special Events Committee has reviewed the contents of the application, pursuant to § 4-10.6 below. All required application, street closure and other flat fees shall be due and payable at least ten (10) days prior to the event. In addition to the fees payable prior to each event, the applicant shall be required to pay for any and all additional fees as set forth herein, as well as any unanticipated expenses which were occasioned or become necessary during or after the event, as a direct result of the event. Final billing for any additional amounts owed shall be sent to the applicant following the event. Payment in full shall be due and payable to the City within 10 days from the date of the invoice.

The City of Asbury Park wishes to recognize the longstanding recurring involvement, support and commitment (ten or more years as of the effective date of Ordinance No. 2023-15) of certain events, and/or the importance of certain events which coincide with a federal and/or State holiday, as set forth in Schedule A included as an attachment to this chapter. In recognition and appreciation of the same, the events set forth in Schedule A included as an attachment to this chapter shall be grandfathered as to the fee amounts that were in effect immediately prior to the effective date of Ordinance No. 2023-15. All other events shall be subject to the fees as set forth below.

Editor's Note: Schedule A is included as an attachment to this chapter.

a. Application Fee: (Nonrefundable):

1. $50 for non-profits (as defined herein).

2. $250 for all other organizations or groups.

3. $1,000 for events with 2,000 or more participants, except for certain large beach or park events which are subject to the provisions of paragraph a4 below.

4. Large beach or park events: For events that are new to the City involving 2,000 or more participants, the following fees shall apply:

(a) Beach Fee: $2,500;

(b) Park Fee: $2,500.

5. For any event with 10,000 or more participants, specific user fees and deposits may be set by the Asbury Park Special Events Committee, subject to approval by the Asbury Park City Council. A separate contract approved by the City Council may be required to govern the operation of and fees for said event.

b. Escrow Deposit. In addition to the nonrefundable application fees specified above, the following refundable escrow fees shall be required to be posted to cover any unforeseen expenses which may be incurred by the City related to the event (including but not limited to any costs associated with the use of City staff members and/or equipment, etc., which may be necessitated):

1. For large beach or park events that are new to the City involving 2,000 or more participants, an escrow deposit will be required in the amount of $3,000.

2. For all other events, a specific escrow deposit may be set by the Asbury Park Special Events Committee, subject to approval by the Asbury Park City Council.

c. Security Deposit. A refundable security deposit in the amount of $500, or such other amount as determined by the City, may be required to be posted to cover any damage to City property which may be occasioned as a result of the special event, in the discretion of the Asbury Park Special Events Committee.

d. Maintenance and Vehicle/Equipment Fees:

1. Setting up barricades - 2 men, 1 hour: $60 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

2. Removal of barricades - 2 men, 1 hour: $60 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

3. Setting up banner - 2 men, 1 hour: $100 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

4. Removal of banner - 2 men, 1 hour: $100 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

5. Use of pickup truck or van, $60 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

6. Use of dump truck: $85 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

7. Use of sweeper: $75 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

8. Use of front end loader: $80 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

9. Use of dozer: $100 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

10. Use of litter scooter: $50 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

11. Use of garbage truck: $90 per hour vehicle/equipment fee (plus tipping fees), plus hourly rate of operator(s) and other staff member(s) involved*.

12. Use of bucket truck: $75 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

13. Ambulance: $250 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

14. Dumping fee: $135 per ton.

15. Fire Engine or Rescue Truck: $500 per day vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

16. Rack Body Flatbed Truck: $65 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

17. Mason Dump Truck: $65 per hour vehicle/equipment fee, plus hourly rate of operator(s) and other staff member(s) involved*.

e. Vehicle/Equipment Operation Fees: Items shown with an asterisk(*) in paragraph d. above require an additional charge(s) for the operator(s) of the vehicle or equipment and/or for the assistance of other City staff member(s) in accordance with the rates set forth below:

1. Department of Public Works Staff:

(a) Straight time fees (Mondays through Fridays, up to 3:30 p.m.) range from $28 to $40 per hour, depending upon the operator or staff member involved.

(b) Overtime fees (Saturdays, Sundays, holidays, and weekdays after 3:30 p.m.) range from $42 to $60 per hour, depending upon the operator or staff member involved.

(c) An administrative fee in the flat amount of $25 shall be added to any application for the use of Department of Public Works staff members.

(d) All fees shall be calculated by the Director.

2. Police, Fire and EMT Staff: Hourly fees shall be consistent with those specified in Subsection 2-10.1, Voluntary Special Duty Assignments for Police Officers and Firefighters, of the City Code.

f. Public Parks**:

1. Sunset: $600 per day.

2. Saint John's Island: $500 per day.

3. Bradley:

(a) $2,000 per day from one week prior to Memorial Day through two weeks after Labor Day.

(b) $750 per day any other time.

4. Atlantic:

(a) $2,000 per day from one week prior to Memorial Day through two weeks after Labor Day.

(b) $750 per day off season any other time.

5. Library: $600 per day.

6. Kennedy:

(a) Monday-Friday: $500.00 up to 8 hours;

(b) Saturday and Sunday: $500.00 per day between the hours of 8:00 a.m. and 4:00 p.m.;

(c) $500.00 per day between the hours of 5:00 p.m. and 10:00 p.m.

7. Springwood: $100 per day.

8. Fireman's Park: $100 per day.

**In order to reserve one of the City's parks for an event, fees must be paid in accordance with the requirements set forth above and insurance must be provided in accordance with the requirements of Subsection 4-10.11 below.

g. Boardwalk Fee: Daily fee of $250 per 4 hours of use.

h. Beaches: Use of beaches for any event up to 3 hours of use - $750.00 per day per beach avenue (i.e., First Avenue Beach); events lasting from 3 - 8 hours of use - $1,000.00 per day per beach avenue (i.e., First Avenue Beach). All participants on the beach will also be required to purchase a daily beach badge if the event occurs during the summer season when beach badges are required for access to the City's public beaches.

i. Council Chambers:

1. For use by Asbury Park residents and/or businesses/entities/groups based in Asbury Park: Waiver of daily use fee, but shall be required to pay for any necessary maintenance/janitorial fees.

2. For individuals or businesses/entities/groups that neither reside in, nor are based in, Asbury Park: $100 per day use fee, plus any necessary maintenance/janitorial fees.

j. Senior Center: $100 per day plus Department of Public Works fees and any other fees deemed necessary.

k. Street Blocking or Closing:

1. Non-Metered Streets: $250 daily fee per block for any non-metered street blocking or closing.

2. Metered Streets: The daily charge per block for street blocking or closing will be calculated by: taking the number of metered parking spaces in that block x the current hourly rate in that block (for the specific date of closure) x the daily number of hours the meters are in operation = the daily rate for that block. Either the daily block rate or a minimum of $250, whichever is greater, will be paid by the applicant.

l. Off-Duty Police Officers: Hourly fees shall be consistent with those specified in Subsection 2-10.1, Voluntary Special Duty Assignments for Police Officers and Firefighters, of the City Code.

m. EMT/Fire: Hourly fees shall be consistent with those specified in Subsection 2-10.1, Voluntary Special Duty Assignments for Police Officers and Firefighters, of the City Code.

n. Lifeguards: $75 per hour.

o. Utility Fees: Any and all fees for actual water and electric consumption shall be billed by the Director of Public Maintenance after the conclusion of the event.

p. Electrician: $75 per hour.

q. Electronic Sign Messaging (Sunset Park, Springwood Park, City Hall):

Messaging related to events that are taking place within the City (only) shall be offered to the public on the electronic signs located in Sunset Park, Springwood Park and City Hall in accordance with the following:

1. For profit events:

(a) The daily rate to create and post a message relating to a for profit event taking place within the City is $75 per sign.

(b) The weekly rate to create and post a message relating to a for profit event taking place within the City is $350 per sign.

2. Events that are free of charge:

(a) Events that are free of charge and which are taking place within the City shall not be subject to a fee for electronic sign messaging; however, the following conditions shall apply:

(1) The event must be open to the general public.

(2) Submitted requests for messaging do not guarantee promotion of the event. In that regard, due to the volume of messaging submissions received, the City may not be able to respond to every submission or to promote every event requested.

(3) Promotion of the event shall be based upon meeting eligibility requirements as set forth herein and the provision of sufficient lead time. The City Manager or his or her designee shall make a final determination and may edit the message, as needed.

3. Political events shall not be eligible for electronic sign messaging.

r. Returned Checks: $25 fee in addition to the reimbursement of the original check amount.

s. A special event permit shall not be required for a farmer's market. However, a farmer's market shall be charged a one-time annual fee of $25 to operate within the City.

t. Cancellation Fee: If an applicant wishes to cancel an event, written notice of said cancellation must be submitted to the City Manager or his or her designee at least seventy two (72) hours prior to the commencement of the scheduled event. Failure to notify the City Manager or his or her designee of a cancellation in a timely manner will result in the $500 security deposit being forfeited, except in cases where force majeure is applicable, and may prevent said event from being rescheduled, or prevent future events to be held by the applicant within the City.

§ 4-10.6 Special Events Committee.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

a. Establishment; Purpose. There is hereby created a Special Events Committee within the City of Asbury Park. The purpose of the Special Events Committee shall be to review all special events permit applications and to provide a written recommendation to the Mayor and City Council, through the City Manager or his or her designee, relative to each application.

b. Composition; Meetings. The Special Events Committee shall consist of the City Manager or his or her designee, the Mayor or his or her designee, one member of the Council other than the Mayor, the Police Chief or his or her designee, the Fire Chief or his or her designee, the Director of Public Works or his or her designee, the Recreation Director, and any other City Officials or employees as deemed necessary by the City Manager in order to properly review each application. The Special Events Committee shall meet once per month (or as often as needed) and shall report its findings and recommendations to the Mayor and City Council for final approval of each special event. Unless otherwise advised, applicants shall not be required to appear personally before the Special Events Committee, or before the Mayor and City Council, in support of their application.

§ 4-10.7 City Council Approval.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

Following receipt of a recommendation from the Special Events Committee, the Mayor and City Council shall make the final determination as to whether to issue a Special Events Permit by affirmative action by majority vote. Issuance of a permit may be subject to such conditions and restrictions as may be determined necessary by the Mayor and City Council. The applicant shall be required to abide by all conditions and restrictions imposed by the Mayor and Council.

In connection with the approval of any Special Events Permit, the Mayor and City Council may authorize the provision of temporary parking areas, after consultation with the Special Events Committee, along with the Police, Transportation and Fire Departments. Any such temporary parking areas shall be subject to such conditions as deemed necessary by the Mayor and Council.

§ 4-10.8 Standards.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

The standards for the issuance of a permit pursuant to this section shall include but shall not necessarily be limited to, the following findings:

a. That the proposed event will not unreasonably interfere with or detract from the general public's enjoyment of public parks, beaches, roadways, or facilities to be utilized.

b. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation.

c. That the proposed activity and uses that are reasonably anticipated will not be likely to include violence, crime or disorderly conduct.

d. That the facilities desired have not been reserved for other use at the date and hour requested in the application.

e. That the applicant will maintain premises in the same condition which existed prior to the event.

§ 4-10.9 Permit Non-Transferable.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

Permits issued for Special Events shall not be transferrable.

§ 4-10.10 Denial of Permit.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

The standards for denial of a permit pursuant to this section shall include but shall not necessarily be limited to, the following:

a. That the proposed event will disrupt traffic within the City beyond practical solutions.

b. That the location of the special event will cause undue hardship to adjacent property owners.

c. That the proposed event will require the diversion of so many public employees that allowing the event would unreasonably deny service to, or jeopardize the safety of, the remainder of the City's residents.

d. That the application contains incomplete or inaccurate information, or that the applicant has filed or refuse to provide necessary information upon request from the City.

e. That the application fails to comply with all terms of this section, including the failure to remit all fees or deposits, or the failure to provide proof of proper liability insurance coverage, or the failure to execute an indemnification and hold harmless agreement, or the failure to provide a performance bond or cash security deposit when required by the Mayor and City Council, or for any other violation of the terms and conditions of this section.

§ 4-10.11 Responsibility, Liability, Performance Guarantee/Security Deposit, Insurance Coverage and Indemnification.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

a. Responsibility.

1. It shall be the permit applicant's responsibility to secure all necessary other permits, licenses and/or approvals which may be required (i.e., by State, local or other outside agencies), in conjunction with the proposed event.

2. All permit applicants shall assume all risks associated with premature advertisement of any event prior to the time of issuance of a permit by the Mayor and City Council, as well as any and all other costs which may have been expended prior to the time of official approval of the application by the Mayor and City Council.

3. All permit holders shall be required to abide by all requirements set forth in the permit, as well as all City ordinances, State Statutes (including but not limited to the New Jersey Riot Act, N.J.S.A. 2C:33-1 et seq.), and all other rules and regulations which may be applicable to the event.

4. All permit holders shall be responsible for any and all additional costs that are incurred as a result of the event, including costs which may not have been foreseen at the time that the permit was issued but which becomes necessary, such as costs associated with additional resources provided by the City, including but not limited to, manpower and/or equipment costs, police and/or fire supervision, emergency services, cleanup activities, etc.

5. Any personnel provided by the City (i.e., police, fire, emergency, public works or other City employees) in connection with any special event sponsored by an outside party shall not be considered employees or agents of the outside party. If emergency services are required for any special event, then only Asbury Park emergency personnel may be utilized.

b. Liability; Performance Guarantees/Security Deposit.

1. All permit holders shall be liable for all losses, damages and/or injuries sustained by any person whatsoever by reason of the event or activities associated with the event.

2. The terms of this section shall not be construed as imposing upon the City or its officers or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which the permit was issued. The City and its officials and employees should not be deemed to have assumed any liability or responsibility by reason of any inspections performed, the issuance of any permits, or the approval for use of any City property in connection with a permit issued hereunder.

3. All permit holders shall assume full responsibility for the acts and conduct of all persons admitted to the event by or with the consent of the permit holder, or of any person acting for or on behalf of the permit holder.

4. If any portion of City property or other premises where the event is held is damaged by the act or omission of the permit holder, or by the permit holder's agents, employees, patrons, customers, guests, invitees, or any other person admitted to the premises by the permit holder, the permit holder shall be responsible for all costs associated with restoration of the property or premises to the condition that existed prior to the occurrence of such damage. The amount of such damage shall be considered an additional fee.

5. A refundable security deposit in the amount of $500 may be required, per the provisions of Subsection 4-10.5c above.

c. Insurance Coverage. All permit holders must submit liability insurance coverage in the minimum amount of $1,000,000; however, the City may required an increase in the amount of liability insurance coverage depending upon the size, scope and nature of the event planned. The City of Asbury Park, its officers, employees, agents and representatives must be named as additional insured parties on the policy. Proof of said insurance coverage shall be provided to the City at least ten (10) days' prior to the event.

d. Indemnification. All permit holders shall defend, indemnify and hold the City of Asbury Park, its officers, employees, contractors, agents and representatives harmless from and against any and all liability for claims, demands, damages, suits, judgments, fines, losses and expenses, of any nature, which are sustained as a result of the event, and shall execute an indemnification and hold harmless agreement in a form acceptable to the City prior to the event.

§ 4-10.12 No Rights Conveyed; Revocation.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

All permits issued pursuant to this section shall be temporary and do not invest any permanent or continuing rights. No permit issued pursuant to this section shall convey any right, interest or title in any City property to the permit holder. Any permit may be revoked at any time by the City Manager, acting on behalf of the Mayor and City Council, for violation of the conditions for which the permit was issued, or for violation of any ordinance which relates to the conducting of the event, or for violation of any of the terms of this section, or when the event is found not to be in the best interests of the City, or for other good cause shown.

§ 4-10.13 Offenses and Penalty.

[Added 3-24-2021 by Ord. No. 2021-6; amended 6-14-2023 by Ord. No. 2023-15]

a. Offenses. A person commits an offense if he or she:

1. Commences or conducts an event that is subject to the requirements of this section without a permit, or;

2. Fails to comply with any condition, requirement or provision of the permit, or otherwise violates any ordinance, rule or regulation that is applicable to the event.

b. Penalty. A person who violates a provision of this section shall be guilty of a separate offense for each day or part thereof during which the violation is committed or continued and shall be liable, upon conviction, to the penalty as stated in Chapter 1, Section 1-5 of the City Code, or as provided by State Statute.

§ 4-11 PRECIOUS METALS AND PREVIOUSLY OWNED JEWELRY.

§ 4-11.1 License Required.

[2000 Code § 4-11.1]

No person shall engage in the business of purchasing precious metals or items comprised of same, gems and all forms of previously owned jewelry, either as a primary business or in connection with another business, without first having obtained a license from the City Clerk.

§ 4-11.2 Application; Investigation; Denial; Appeal.

[2000 Code § 4-11.2]

An applicant for a license shall complete the application form available at the office of the City Clerk who shall thereupon refer such application to the Chief of Police who shall conduct such investigation of the applicant's background as he/she deems necessary for the protection of the public welfare. Upon the completion of the investigation, which in no event shall take more than ten (10) days, the Chief of Police shall return the application or a copy thereof to the City Clerk, accompanied by his/her recommendations as to whether or not the license should be issued or denied. If the recommendation of the Chief of Police is to deny the license, the grounds for such denial shall be stated. A recommendation of denial shall be given if the applicant has been convicted of any offense involving dishonesty, fraud, deceit or misrepresentation. Upon receipt of the recommendation of the Chief of Police, the City Clerk shall issue or deny the license accordingly. Any applicant aggrieved by such denial may appeal to the City Council, which shall hold a public hearing in connection therewith within fourteen (14) days from said appeal and which may thereafter affirm or reverse the denial.

§ 4-11.3 Identification; Information Required.

[2000 Code § 4-11.3]

All persons regulated by § 4-11.1 hereof shall require of anyone offering an item for sale as set forth therein, to produce two (2) different forms of identification such as a driver's license, voter registration card or similar identification and to sign a receipt for said item and shall obtain the following information from each person offering an item for sale: name, address, sex, date of birth, social security number if available, and physical description. A prototype form for this purpose shall be available, if desired, from the Department of Police of the City of Asbury Park. It shall be unlawful, however, for previous metals or items described in § 4-11.1 to be purchased from a minor under eighteen (18) years of age.

All items regulated by § 4-11.1 which the license has reason to believe is valued in excess of one thousand ($1,000) dollars shall take a polaroid picture of the seller and relinquish the picture upon request to a member of the Police Department of the City.

§ 4-11.4 Records.

[2000 Code § 4-11.4]

All persons regulated by § 4-11.1 hereof shall maintain records for each sale which shall contain a description of the item purchased, any identifying markings or numbers, a copy of the signed receipt and all information required under § 4-11.3 hereof. The licensee shall be responsible for delivery of aforementioned records to the Police Department in the City on a biweekly basis. Each item purchased shall be held for thirty (30) days at the licensed address submitted on the application.

§ 4-11.5 Fees.

[2000 Code § 4-11.5]

The fee for the initial license application shall be the sum of two hundred ($200) dollars which shall cover the cost of processing the application. Each annual renewal fee shall be the sum of twenty-five ($25) dollars.

§ 4-11.6 Violation and Penalty.

[2000 Code § 4-11.6]

Any person violating any terms of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. Every day that a violation under this section shall continue, shall be deemed a separate violation.

§ 4-12 GARAGE SALES.

§ 4-12.1 Definitions.

[2000 Code § 4-12.1]

As used in this section:

GARAGE SALES

shall mean and include all sales entitled "Garage Sale," "Lawn Sale," "Attic Sale," "Rummage 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 the sale.

PERSON

shall mean and include individuals and/or household entities, partnerships, voluntary associations and corporations.

§ 4-12.2 Licenses; Number Restricted; Duration of Sale.

[2000 Code § 4-12.2]

It shall be unlawful for any person to conduct a garage sale in the City without first filing with the Health Officer, Code Enforcement Officer or his or her designee the information herein specified and obtaining a license known as a "garage sale license." A fee of five ($5) dollars shall be charged for the license.

Such licenses shall be issued to any one (1) person only twice within a twelve (12) month period, and no such license shall be issued for more than three (3) consecutive calendar days. Charitable, religious and civic organizations may be allowed more than two (2) licenses with the approval of the City Council. Each license issued under which the garage sale is conducted shall be posted throughout the entire period of the garage sale.

§ 4-12.3 Information to Be Filed.

[2000 Code § 4-12.3]

The information to be filed with the Health Officer or Code Enforcement Officer pursuant to this section shall be as follows:

a. Name of person conducting sale.

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

c. Location at which sale is to be conducted.

d. Number of days of sale.

e. Date and nature of any past sale.

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

§ 4-12.4 Hours of Sales.

[2000 Code § 4-12.4]

All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.

§ 4-12.5 Signs.

[2000 Code § 4-12.5]

All signs displayed in connection with garage sales are to be removed within forty-eight (48) hours after the completion of the sale. No signs advertising the sale shall be affixed to trees or utility poles.

§ 4-12.6 Exemptions.

[2000 Code § 4-12.6]

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

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

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

c. Any sale conducted by any merchant or mercantile or other business establishment from, or at a place of business within a commercial zone within the City.

§ 4-12.7 Placement and Display of Items for Sale Restricted.

[2000 Code § 4-12.7]

No display of items for sale at any garage sale shall be displayed on the sidewalk or in that area between the residence of the applicant and the sidewalk, but shall be displayed behind the building line of the premises at which the garage sale is to be held.

§ 4-12.8 Enforcement.

[2000 Code § 4-12.8]

This section shall be enforced by the Police Department, the Health Officer, the Code Enforcement Officer or their designee or their agent of the City, who shall investigate any violations of this section coming to their attention whether by complaint or arising from their own personal knowledge and, if a violation is found to exist, the appropriate City Official shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this section.

The person to whom such license is issued and the owner or tenant of the premises on which such sale or activities is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale or activity. No such person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable order of any member of the Police or Health Departments of the City in order to maintain the public health, safety and welfare.

§ 4-12.9 Penalty.

[2000 Code § 4-12.9]

Any person conducting any such sale or similar activity without being properly licensed therefor, or who shall violate any of the other terms and regulations of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.

§ 4-13 (RESERVED)

§ 4-14 (RESERVED)

§ 4-15 STREET PERFORMERS.

§ 4-15.1 Definition.

[Ord. No. 2985 § 4-13.1]

As used in this section:

STREET PERFORMER

shall mean any clown, mime, musician, magician, or any other individual engaged in an artistic expressive activity in a public area for the purpose of entertaining the general public.

§ 4-15.2 Permit Required; Fees; Background Check; Term; Appeal.

[Ord. No. 2985 § 4-13.2; Ord. No. 2015-17; amended 1-23-2019 by Ord. No. 2019-1]

a. Permit Required. No street performer shall conduct his or her performance in the public areas of the City of Asbury Park, including the boardwalk, without first obtaining a permit from the City Clerk. Such permits shall be issued annually, on a first-come-first-served basis, upon submission of an application in the form prescribed by the City Clerk, presentation of a valid form of identification and compliance with the provisions of below regarding payment of the required annual application fee and submission to a criminal history background check which produces satisfactory results.

b. Application Fee. The application must be accompanied by a nonrefundable application fee of $25 to cover the cost of and processing of the application.

c. Background Check; Disqualifying History. Every applicant for a permit pursuant to this section shall be fingerprinted by Sagem Morpho, Inc. To provide for a timely and efficient criminal history background review, the City of Asbury Park will be utilizing the state-police-coordinated, non-criminal-justice fingerprinting process known as "Live Scan." The State of New Jersey has contracted with a vendor, Sagem Morpho, Inc., to perform this service. The company has established permanent sites throughout the state as well as several mobile units available to meet its contractual agreement. Sagem Morpho, Inc. charges a fee for the fingerprinting for which the applicant will be responsible. There will be an additional fee of $20 payable to the City of Asbury Park, for the processing of the fingerprint documentation required by Sagem Morpho, Inc. The Chief of Police or his designee shall conduct a criminal history background check upon any such applicant to determine whether the applicant has been convicted, whether by trier of fact or a plea of guilty, under the laws of the State of New Jersey of an offense involving dishonesty or of a crime of the third degree or above, pursuant to New Jersey law, or under the laws of another state of the United States of an offense or a crime which, if committed in the State of New Jersey, would be such an offense or crime. No permit shall be issued to any applicant found to have a criminal history of conviction of such offenses or crimes.

d. Fees. All fees referenced above shall be non-negotiable and nonrefundable.

e. Term. All permits issued pursuant to this section shall be valid only during the year in which they are issued.

f. Appeals of Permit Disqualification or Permit Revocation/Suspension.

1. Any applicant who feels aggrieved as a result of the denial of a street performer permit due to the results of the criminal history background check, as referenced above, or whose street performer permit has been suspended or revoked, or who has been the subject of any other adverse action taken by the City or its representatives, may file an appeal to the City Manager or the City Manager's assigned designee in accordance with the provisions set forth below.

2. The appeal must be taken, in writing, within 10 days from the date of the notice of the denial, suspension, revocation, decision, ruling or action. A letter stating the desire to appeal shall suffice.

3. Upon the filing of an appeal, the City Manager or his/her designee shall hold a hearing on the appeal as soon as practicable, providing reasonable advance notice of the time and date of the hearing to the appellant. At the hearing, the appellant shall be permitted to provide information and/or testimony in support of his/her position.

4. If the appeal regards disqualification due to the results of the criminal history background check, the City Manager or his/her designee shall be permitted to consider whether the applicant has affirmatively demonstrated clear and convincing evidence of his or her rehabilitation. In determining whether an applicant has affirmatively demonstrated rehabilitation, the following factors shall be considered:

(a) The nature and seriousness of the offense(s);

(b) The circumstances under which the offense(s) occurred;

(c) The date(s) of the offense(s);

(d) The age of the person when the offense(s) was/were committed;

(e) Whether the offense(s) represented an isolated or repeated incident;

(f) Any evidence of rehabilitation; and

(g) Any other factors which are relevant in the discretion of the City Manager or his/her designee.

5. As part of the hearing, the City Manager or his/her designee may request guidance from any relevant City staff or legal consultant(s) to make an informed decision on the appeal.

6. In all cases of appeal, the determination of the City Manager or his/her designee shall be guided by the best interests of the health, safety and welfare of the public.

7. At the conclusion of the hearing, the City Manager or his/her designee may affirm, modify or reverse the action of the City, and shall advise the appellant in writing of the decision within seven days of the conclusion of the hearing.

§ 4-15.3 Performance Regulations.

[Ord. No. 2985 § 4-13.3; Ord. No. 2015-17]

This section regulates the manner in which street performers may perform in the public areas of the City of Asbury Park, including the boardwalk.

a. A street performer shall conduct his or her performance in a place and manner so as to not restrict the flow of vehicular or pedestrian traffic. If performing upon the boardwalk, a performer shall be located on the eastern side of the boardwalk and shall not be located within twenty-five (25) feet of any entrance or exit to the beach or boardwalk, or within twenty-five (25) feet of any business or public building.

b. Where two (2) or more street performers are present in a common area, they shall be spaced no less than fifty (50) feet apart, unless engaged in a joint performance. If a performer is located within fifty (50) feet of another performer, or cannot conduct a performance in a location without blocking the passage of the public, the street performer shall leave the location upon notification by a Police Officer or other City official. The performer may then move his or her performance to another location in conformance with this section.

c. Street performers shall not remain in the same location for more than three (3) hours. At the conclusion of a three (3) hour period, and at the request of any law enforcement officer of the City of Asbury Park, street performers shall move to a new location that is a minimum distance of one hundred (100) feet from the immediately prior location.

[Ord. No. 2015-17]

d. Street performers may conduct performances between the hours of 9:00 a.m. and 10:00 p.m.

e. Street performances are prohibited on the boardwalk during the July 4th weekend due to the extremely high volume of pedestrian traffic and other activities historically encountered at the beachfront at such times.

f. Notwithstanding the provisions of Subsection c. above, the City Council may by a majority vote designate other times or dates during which performances may be restricted or prohibited in order to protect the public interest.

g. No street performer may sell any merchandise without first obtaining a mercantile license for same pursuant to Section 4-1 of the City Code or, if the proposed sales are intended to take place within the "boardwalk vending area" (Section 4-14, as defined in Ordinance No. 2979, adopted on May 18, 2011, or as defined in any successor Ordinance adopted thereafter), obtaining a permit to engage in such boardwalk/beachfront vending activities in accordance with the requirements set forth in Section 4-14, or in accordance with the requirements set forth in any successor ordinance adopted thereafter.

h. No street performer shall include any activity which is inimical to the health, safety and welfare of the general public. Examples include but are not limited to activities involving fire, flammable liquids, knives or swords, or language or conduct that is likely to incite violence or a riot.

i. All street performers shall be required to have their permit on display in public view at the site of the street performance at all times.

j. No street performer shall utilize amplifiers for music or other sounds without first receiving appropriate approval(s) from the City's Special Events Committee.

§ 4-15.4 Enforcement.

[Ord. No. 2985 § 4-13.4]

The provisions set forth in this section may be enforced by the City Manager or his designee, the City Clerk or any member of the City's Police Department.

§ 4-15.5 Violations and Penalties.

[Ord. No. 2985 § 4-13.5]

a. Any person violating or failing to comply with any other provision of this section shall, upon conviction thereof, be liable to the penalties stated in Chapter I, Section 1-5 of the City Code. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

b. The City Council and/or the City Manager shall have the authority to suspend or revoke a street performer permit upon a finding of violation of any rule or ordinance or other law, or upon good cause shown, in furtherance of the best interests of the health, safety and welfare of the public.

[Amended 1-23-2019 by Ord. No. 2019-1]

c. The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

§ 4-16 through § 4-17. (RESERVED)

§ 4-18 MURALS.

§ 4-18.1 Findings and Purpose.

[Ord. No. 2914 § 4-13.1]

The Mayor and City Council, in their continuing efforts to rehabilitate and revitalize the business community in the City have noted that murals can provide an enhancement to the community and the quality of neighborhoods within the City, provided that they do not cause distraction to motor vehicle operators and are consistent with the character of the neighborhood.

§ 4-18.2 Definitions.

[Ord. No. 2914 § 4-13.2]

As used in this section:

MURAL

shall mean a painting or illustration applied directly to a wall of an independent structure within the City but shall not include (a) any such painting or illustration requiring a separate foundation or footing; (b) any depiction or contents of a commercial, trademarked, copyrighted, or other licensed feature; (c) any message or advertisement for any individual, group, or entity (whether or not commercial); or (d) any subjects or material of a scandalous, libelous, or indecent nature as determined by contemporary community standards.

STREETSCAPE

shall mean the overall arrangement and interaction of signs, lighting, statuary, fountains, façade treatments (including murals), landscaping, walkways, window treatments, and the like in view, primarily, of pedestrians and motorists upon public or semi-public rights-of-way.

§ 4-18.3 Permit Required.

[Ord. No. 2914 § 4-13.3; Ord. No. 2017-44]

Any mural that is not the subject of land use approval to be erected, painted, or otherwise installed within the City shall not be erected, painted or installed without first obtaining approval from the Asbury Park Public Art Commission and a permit from the City Clerk for the same. All requirements concerning the establishment, composition and powers of the Public Art Commission are set forth in Chapter II, Administration.

§ 4-18.4 Application and Fee for Mural Permit.

[Ord. No. 2914 § 4-13.4; Ord. No. 2017-44]

Application for a permit to erect, paint and/or install a mural within the City shall be made on a form provided by the City Clerk or if no such form has been prepared by a letter, signed by the property owner and the applicant, and filed with the City Clerk containing or enclosing the following information:

a. The owner of the property where the installation is to be made.

b. The street address and tax lot and block number of the property in question.

c. A description of the subject matter of the mural or other feature, if appropriate.

d. A sketch or other rendering showing the appearance of the mural or other installation.

e. A precise description and visual rendering of the location and size of the mural or other installation.

f. A general description of the color scheme of the installation.

g. A general description of the points from which the installation may be viewed with particular attention to its visibility to motorists and its proximity to intersections.

h. An application fee in the amount of twenty-five ($25) dollars.

i. Such other information as the Public Art Commission may reasonably request.

§ 4-18.5 Review of Mural Applications.

[Ord. No. 2914 § 4-13.5; Ord. No. 2017-44]

Upon the filing of an application, the City Clerk shall cause the application to be forwarded to the Public Art Commission for review and consideration.

Upon receipt of the mural application, the Public Art Commission shall schedule a hearing for the purpose of reviewing said application. The Public Art Commission shall advise the applicant, in writing, at least fourteen (14) days prior to the hearing, of the date, time and place of said hearing, and shall ensure that a notice of the hearing is placed in the official newspaper of the City at least seven (7), but not more than fourteen (14) days prior to the hearing. The applicant shall be required to ensure that written notice is mailed, by certified mail, return receipt requested, at least seven (7) days prior to the hearing to the record owner(s) of the subject property if other than the applicant, as well as to all property owners who owns property located within two hundred (200) feet of the proposed mural location.

At the meeting, the Commission shall allow the applicant to be heard, as well as any other interested parties who wish to address the proposed application.

The Public Art Commission shall consider the application in light of the proposed mural's compatibility with the neighborhood in which it is to be located, its size in relation to surrounding features, whether it is likely to cause a distraction or hazard to pedestrian or vehicular traffic, its compliance with the definitional provisions of this section, its compliance with the design guidelines adopted by the Commission, and its overall aesthetic impact on the neighborhood. The Commission shall also consider the significance of the proposed project's location, the artist's ability to complete the project in a timely manner, and the ability and willingness of the property owner to maintain the mural. The Commission may reject any application that is deemed not in the best interests of the community by not enhancing the residents' quality of life and the City's commitment to a clean, safe, healthy and diverse community. In considering the application, the Commission may, in its discretion, seek the opinions of professionals familiar with the subject or field involved, including but not limited to historians, artists, sculptors or similar professionals.

§ 4-18.6 Requirements for Murals.

[Ord. No. 2914 § 4-13.6; Ord. No. 2017-44]

The following requirements shall apply to mural construction within the City, which shall be duly considered by the Public Art Commission during the review process:

a. No more than two (2) square feet of the mural may contain the name of the artist, sponsor and/or product likeness.

b. Murals may not be mere extensions or enlargements of an existing sign.

c. Murals shall become the property of the property owner following construction.

§ 4-18.7 Issuance of Permit; Conditions; Expiration.

[Ord. No. 2914 § 4-13.7; Ord. No. 2017-44]

Final action on the application shall be made by way of a vote of the Public Art Commission to issue or deny the permit for the proposed mural, which shall be rendered within thirty (30) days of the submission of a complete application, unless this time frame is extended by consent of the applicant. An approval may be subject to any reasonable conditions deemed appropriate by the Commission.

Upon positive action by the Public Art Commission, the City Clerk shall promptly issue the permit, with a notation as to any required conditions imposed. Permits shall expire one hundred eighty (180) days after the date of issuance. Any approved project not installed within the one hundred eighty (180) day time frame shall be required to re-apply and obtain a new permit.

§ 4-18.8 Appeal.

[Ord. No. 2914 § 4-13.8; Ord. No. 2017-44]

Any aggrieved party shall have the right to appeal any determination made by the Public Art Commission to the Mayor and City Council within ten (10) days following the City Clerk's issuance or denial of the permit. If an appeal is filed, the Clerk shall cause the appeal to be placed on the next conveniently available agenda for the consideration of the Mayor and City Council.

§ 4-18.9 Maintenance.

[Ord. No. 2914 § 4-13.9]

Maintenance of the mural shall be the responsibility of the property owner. However, business owners, artists, sponsors and other interested parties may reach private arrangements regarding maintenance.

All installations shall be maintained by the owner in good condition free from chips, stains, graffiti, defacing, fading paint, and the like. Failure to properly maintain an installation shall subject the property owner to the penalties of this section.

§ 4-18.10 Enforcement; Violations and Penalties.

[Ord. No. 2914 § 4-13.10]

Violations of the provisions of this section shall subject the owner and/or violator to a fine as specified in Chapter I, Section 1-5 of the City Code. Each day or portion thereof shall be considered a separate violation.

§ 4-18.11 Applicability of Construction and Land Use Regulations.

[Ord. No. 2914 § 4-13.11]

Nothing in this section shall be interpreted as a waiver, replacement, or substitute for any installation that requires a Construction Code or Land Use Approval under applicable provisions of any statute, ordinance, rule or regulation.

§ 4-19 PERMITS FOR CHARTER BUSES.

§ 4-19.1 Definitions.

[2000 Code § 4-15.1]

As used in this section:

CHARTER AUTO BUS

shall mean a bus or other vehicle propelled by motor power, operated by the person owning or leasing such bus or vehicle, pursuant to a contract, agreement or arrangement to furnish an auto bus or vehicle and a driver or drivers thereof to a person or organization for a trip designated by such person or organization for a charge. The term shall also include any such bus or vehicle used by the person owning or leasing such bus or vehicle for the purpose of carrying passengers for hire, each passenger paying fixed charge for his/her carriage on a special trip arranged and designated by such owner or lessee, which fixed charge may or may not include meals, lodging, entertainment or other fixed charges. The term does not apply to taxicabs, hotel buses, or buses employed solely in transporting school children and school teachers to and from schools in the City; or to auto buses operated wholly within the City by virtue of a franchise from the City; or to auto buses which operate within the City under Municipal consent over a regularly established route, either intrastate or interstate between fixed terminals upon a regularly established and published schedule; or to any excursion of charter buses originating in the City and leaving for points elsewhere.

§ 4-19.2 Permit Required for Saturdays, Sundays and Holidays; Exceptions; Fees.

[2000 Code § 4-15.1]

The driver of a charter auto bus shall not enter into and load or unload passengers on any Saturday, Sunday or holiday, without first obtaining from the City Clerk a written permit authorizing the entry and loading and unloading of the passengers of the charter auto bus on a certain and specific date. No charter auto bus shall unload its passengers except during the hours of 9:00 a.m. and 3:00 p.m., unless unloading shall take place at a particular hotel, motel, restaurant, theater or the like which is the destination of the passengers. Any charter auto bus shall leave the City before 11:00 p.m., unless it is carrying passengers from a particular hotel, motel, restaurant, theater or the like. Every charter auto bus shall provide a chaperone or attendant for every five (5) passengers under seventeen (17) years of age. The application for the permit shall be made in writing addressed to the City Clerk, stating the name and address of the person or organization making the application and the address from which each ride will originate, the number of persons expected, the number of persons under the age of twenty-one (21), the number of buses to be used, the date, the approximate time of arrival in the City, the specific point of destination and the period of time during which the charter auto bus or buses' passengers expect to remain in the City. The City shall issue a permit for which there shall be a minimum fee of twenty ($20) dollars for each bus entering on a Saturday, Sunday or holiday only; provided, however, that an application for a permit shall be made but no fee shall be charged where the destination of the charter auto bus is a bona fide church or synagogue where the passengers intend to worship and no charge shall be made where the passengers of the charter auto bus have confirmed reservations at a hotel, motel, restaurant, theater or the like for a function or for a particular period of time. The application must be submitted to the City Clerk within a reasonable period of time before the date of arrival.

§ 4-19.3 Parking.

[2000 Code § 4-15.1]

The driver of a charter auto bus shall not park the bus on any street at any time. Arrangements for the parking of the charter auto bus shall be made by the driver, owner or lessee directly with the owner, operator or lessee of a duly licensed or authorized offstreet parking lot in the City.

§ 4-19.4 Limit on Number of Buses.

[2000 Code § 4-15.1]

The City Manager may limit the number of buses entering the City on any certain date, upon the recommendation of the Chief of Police.

§ 4-19.5 Locations for Loading or Unloading Passengers Restricted.

[2000 Code § 4-15.1]

No person shall load or unload passengers from any charter auto bus on any street in the City, except that all loading or unloading shall be done at the bus plaza located at Lake Avenue and Ocean Avenue, unless otherwise specifically designated in the written permit.

§ 4-19.6 Parking on Private Property.

[2000 Code § 4-15.1]

This section does not prohibit parking a charter auto bus or loading or unloading passengers on any private property or in any established bus terminal.

§ 4-19.7 Number of Passengers.

[2000 Code § 4-15.1]

No person shall operate any charter auto bus carrying passengers in excess of its rated seating capacity.

§ 4-19.8 Time Limit.

[2000 Code § 4-15.1]

This section shall only be effective during the period from June 23 to Labor Day, both inclusive, of each year.

§ 4-20 VENDING ON THE BEACHFRONT.

Source history includes 1977 Code § 3-1.8; Ord. No. 2689; Ord. No. 2785; Ord. No. 2844; Ord. No. 2876; Ord. No. 2905; Ord. No. 2979

§ 4-20.1 Permitted with Certain Conditions.

[Ord. No. 3046]

Vending on the beachfront within a "Boardwalk Vending Area," as defined herein, shall be permitted under the terms and conditions contained in this section.

§ 4-20.2 Definitions.

[Ord. No. 3046]

BOARDWALK VENDING AREA

shall be defined as any lands or premises east of Ocean Avenue to the edge of the easterly side of the boardwalk from the northerly terminus of the boardwalk south to the Ocean Grove Border.

§ 4-20.3 Structures.

[Ord. No. 3046]

Any structures used for such vending shall only be temporary in nature and shall not constitute permanent "structures" as defined under the New Jersey Municipal Land Use Law.

§ 4-20.4 Fees.

[Ord. No. 3046]

There shall be a fee associated with such vending in accordance with the regular fee schedule established by the City for vending, as set forth in the City Code, and that all such fees shall be payable to the City.

§ 4-20.5 Approval of Permits.

[Ord. No. 3046]

The Master Developer, or the Master Developer's assignee, shall have the exclusive right to approve the issuance of permits for vending on the beachfront, as authorized by this section and Ordinance No. 3046, with such permits to be issued through the City Clerk within fourteen (14) days after the Master Developer or its assignee has provided its written approval to a proposed vendor's application. The Madison Asbury Retail, LLC (MAR) is Master Developer's approved assignee with respect to this section and Ordinance No. 3046 pursuant to the Subsequent Developer Agreement among the City, Master Developer and MAR dated May, 2010.

§ 4-20.6 Display of Permit.

[Ord. No. 3046]

All vendors shall be required to have their vending permit on display in public view at the site of vending at all times.

§ 4-20.7 Enforcement.

[Ord. No. 3046]

The City shall enforce this section and take appropriate actions to prohibit vendors on the beachfront who have not obtained permits in accordance with this section.

§ 4-20.8 Denial of Permit; Hearing; Hearing Officer; Criteria for Approval by Hearing Officer.

[Ord. No. 3046]

a. Any person or entity who feels that they have been improperly denied approval for a permit shall have the right to ask for a hearing before the City Manager or his designee (the "hearing officer") upon three (3) days notice, with a decision to be rendered by the hearing officer in writing within twenty-four (24) hours of the hearing.

b. In the event the written determination of the hearing officer is that the person or entity has been improperly denied approval for a permit based upon the criteria set forth below, then the hearing officer is hereby authorized to direct the City Clerk to issue the permit, notwithstanding the position of the Master Developer, or the Master Developer's assignee, as to such issuance.

c. The criteria of the hearing officer is to include but not be limited to the following:

1. Good faith negotiations with the Master Developer, or the Master Developer's assignee;

2. The number of other vendors;

3. Compliance with insurance requirements as determined to be necessary by the City;

4. Financial ability;

5. Conflict or competition with existing retail and vendors;

6. Fast practices of the vendor (or is owner(s));

7. Residency;

8. Type of vending;

9. Compliance with standards applicable to other vendors;

10. Location of vending;

11. Willingness to pay a rental charge or fee similar to other vendors; and

12. Other reasonable issues deemed appropriate under the circumstances.

d. The hearing officer's determination shall be final; and

e. The hearing officer shall not make any decision respecting any applicant without first having discussed the applicant with MAR.

§ 4-21 through § 4-24. (RESERVED)

§ 4-25 LICENSING OF TOWING BUSINESSES.

§ 4-25.1 Definitions.

[Ord. No. 3083]

ABANDONED MOTOR VEHICLE

shall mean any motor vehicle which is in such defective condition as to be unable to be moved or moved safely under its own power, is not licensed or inspected for the current year or is stripped or junked, and is left on a public roadway within the municipality or on public or private property without the approval of the owner for a period of forty-eight (48) hours.

§ 4-25.2 Official Tow List.

[2000 Code § 4-14.1]

Any licensed towing facility may elect to be listed if that business makes application to the City Manager and agrees to provide the following services.

§ 4-25.3 Establishment of List.

[2000 Code § 4-14.2]

The Chief of Police of the City shall establish a list of persons or firms who shall be utilized by the Police Department to provide towing and wrecking services for abandoned, wrecked, or impounded vehicles. This list shall be established based upon the filing of applications by those interested parties, the application to be in a form as fully described in § 4-14.3.

§ 4-25.4 Application for License.

[2000 Code § 4-14.3; Ord. No. 2573; Ord. No. 3083; Ord. No. 2016-05]

An application for a license as a proprietor 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 or firm engaged in operating a wrecker or wreckers. The application shall be made on forms furnished by the Police Department and specifically report the following facts:

a. 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.

b. The year, make and type of each wrecker used in the business, its serial number, registration number and registered owner.

c. The address where the wrecker or wreckers shall be regularly garaged, the telephone number available on a 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.

d. Each authorized towing service shall secure and maintain the following minimum insurance coverage with an insurance company licensed to do business in the State of New Jersey:

1. Automotive liability in the amount of two million ($2,000,000) dollars combined single limits.

2. Workers' Compensation as required by Statute.

3. Garage keepers liability in the amount of fifteen thousand ($15,000) dollars per available individual spaces, per a minimum of twenty (20) spaces, totaling three hundred thousand ($300,000) dollars.

4. Garage liability in the amount of one million ($1,000,000) dollars combined single limit.

5. Miscellaneous coverage to provide complete protection to the municipality against any and all risks of loss or liability, including comprehensive general liability.

6. On-hook liability insurance.

The policies are to be endorsed to provide for collision coverage for vehicles in tow. The City is to be listed as an additional insured. Also, the policy is to provide for the indemnification of the City. The insured's coverage must be for the entire term of the contract.

e. The application shall be filed with the City Clerk, who shall refer the application for a license to the Police Department 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.

f. The office, workshop and storage areas of the applicant shall be located within a ten (10) mile radius of the center of the intersection of Main Street (Highway 71) and Asbury Avenue.

[Ord. No. 2016-05]

g. Each applicant providing towing service must show proof of ownership or a lease agreement for a proper land area to store a minimum of twenty (20) cars.

Adequate lighting, shielded from abutting premises, shall be maintained during night hours and a security fence of at least six (6) feet in height shall be maintained.

h. Each wrecker must meet all of the requirements of Title 39 of the New Jersey Statutes "Motor Vehicles Rules and Regulations," and must have a lifting capacity of at least four (4) tons. In addition, each wrecker must have the following equipment:

1. One (1) large broom and shovel;

2. At least one (1) set of dolly wheels;

3. Steering wheel lock for towing vehicles from the rear;

4. Tow sling type tow bar to prevent any part of crane metal from touching towed vehicles;

5. Emergency warning lights;

6. Portable safety lights to be installed on rear of towed vehicle if necessary;

7. Safety flares for night work;

8. At least fifty (50) feet of adequate size cable or chain to be used when winching is necessary;

9. Snatch block to be used for winching.

i. After the application has been submitted and has been reviewed by the Police Department, the Chief of Police will determine whether to approve or disapprove the application. Such approval or disapproval shall be dependent on both the applicant's technical ability to perform requested tasks, as outlined above, and upon the applicant's personal fitness to engage in a business regulated in the public interest. Factors which the Chief of Police may determine as disqualifying for reasons of personal fitness shall include:

1. Conviction of an indictable offense;

2. Conviction of a crime involving moral turpitude;

3. Conviction of a crime involving the use or possession of a controlled dangerous substance.

j. No license for a tower or wrecker license shall be granted unless and until the number of licenses issued and outstanding shall be less than six (6).

§ 4-25.5 License Fee; Term; Renewal.

[2000 Code § 4-14.4]

The fee for the license issued under this section shall be one hundred fifty ($150) dollars paid on receipt of the license from the City Clerk. The license shall remain valid from January 1 to December 31 of each year. It may be renewed annually by the operator paying a fee of one hundred fifty ($150) dollars, provided that the operator continues to comply with all the terms and conditions of this chapter.

§ 4-25.6 Employees Registered; Towing Personnel.

[2000 Code § 4-14.5]

a. Each authorized towing service must register with the Police Department all personnel who are authorized to perform all towing services for their firm. This registration must include for each person:

1. Name, residence and telephone number;

2. New Jersey Driver's License number and expiration date;

3. Such other information as experience may require.

b. Additionally, the Police Department may obtain updated reports on the drivers from the Motor Vehicle Commission.

§ 4-25.7 Necessary Licenses Required for Operation.

[2000 Code § 4-14.6]

Towing service must have all necessary licenses for the operation of its facilities and vehicles.

§ 4-25.8 Satisfactory Business Bureau Report.

[2000 Code § 4-14.7]

Towing services must obtain a satisfactory Better Business Bureau report.

§ 4-25.9 Periodic Inspections.

[2000 Code § 4-14.8]

The Police Department may conduct periodic inspections of a towing service's facilities and motor vehicles.

§ 4-25.10 Towing and Storage Fees and Charges.

[2000 Code § 4-14.9; Ord. No. 2782; Ord. No. 2981; Ord. No. 3083; Ord. No. 2016-05; Ord. No. 2018-12]

Towing fees and charges shall be as follows:

a. Passenger vehicles, including mopeds and motorcycles, weighing up to eight thousand five hundred (8,500) pounds, adjacent to the confines of the roadway, from any point in the City at any time day or night: one hundred five ($105) dollars.

b. Any vehicle over eight thousand five hundred (8,500) pounds registered gross weight, from any point within the City, at any time day or night: one hundred ten ($110) 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) dollars shall be charged. For any vehicle that is more than twenty (20) feet from the roadway, an additional fee of twenty-five ($25) dollars shall be charged, plus one and one-half ($1.50) dollars for every foot of cable used.

d. Where passenger vehicles, including mopeds and motorcycles, are stored prior to reclamation by the owner, a fee of thirty ($30) dollars per day shall be charged within the first 24 hours. After 24 hours the tow vendor will charge thirty ($30) dollars per calendar day. At no time is the Towing Service required to charge for a partial day. For such vehicles stored inside, storage shall be a fee of thirty-five ($35) dollars per day.

e. Where there is a moderate amount of debris and up to one (1) gallon of fluids for roadway clean-up, a fee of twenty ($20) dollars shall be charged. Where there is excessive clean-up and more than one (1) gallon of fluid, the clean-up fee shall increase accordingly, i.e. an additional ten ($10) dollar fee for roadway clean-up shall be charged per bag of speedy-dry use.

f. There shall be an administrative fee of twenty ($20) dollars per motor vehicle in all police-requested tows, to be paid by the licensee. This fee shall be due and payable upon the release of the vehicle to its owner within thirty (30) days, payable to the municipality. In the event that the vehicle is sold at public auction by the Police Department, the administrative fee will be due and payable at that time.

g. When assistance is required for service or tow of City emergency vehicles, a fee of twenty ($20) dollars shall be charged. The billing of the service shall be provided to the Police Department within five (5) business days from the end of the billing month.

[Ord. No. 2016-05]

§ 4-25.11 Disabled Vehicle Storage.

[2000 Code § 4-14.10]

Each authorized towing service must operate a suitable and secure vehicle storage yard, located within the City, having a capacity of at least ten (10) standard size automobiles for each district serviced. The yard must be adjacent to or part of the bidder's regular commercial business, which is in operation at least six (6) days a week. The storage yard and the commercial business must satisfy the applicable City ordinances in all respects. Authorized personnel of the Police Department shall have twenty-four (24) hours, seven (7) days a week, access to vehicles within the authorized towing service storage yard.

§ 4-25.12 Response Time Within Districts.

[2000 Code § 4-14.11; Ord. No. 2016-05]

Each towing service must guarantee the following response time within each district:

a. Day (7:00 a.m. through 7:00 p.m., seven days a week). Response: Fifteen (15) minutes.

[Ord. No. 2016-05]

b. Night (7:00 p.m. through 7:00 a.m., seven days a week). Response: Twenty (20) minutes.

[Ord. No. 2016-05]

c. Large Vehicle Storage Response. Normal day or night response plus thirty (30) minutes.

Response time determination is to be initiated when the Police call requesting towing is completed. In no case will the Police wait more than thirty (30) seconds for connection. Where the Police cannot reach the authorized service for that district, an adequate authorized service will be called and the incomplete call will be charged against the ten (10%) percent delay service performance category.

§ 4-25.13 Performance Standards.

[2000 Code § 4-14.12; Ord. No. 2016-05]

Each towing service authorized by the City will be responsible for and will guarantee the following response performance standards:

a. Ninety (90%) percent of all calls referred to will be answered (towing vehicle reaches scene) within the response time limit specified in § 4-25.11.

b. Not more than ten (10%) percent of the calls will be answered within an additional ten (10) minutes, day or night.

c. No response will be later than twenty-five (25) minutes, whether day or night.

d. The owner/proprietor of any City contracted tow service shall ensure that owners of stored vehicles have access to retrieve stored vehicles Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. and Saturday between 8:00 a.m. and 12:00 p.m.

[Ord. No. 2016-05]

The performance standards will be reviewed periodically. Failure to comply with the performance standards will result in a hearing before the Mayor and Council, at which time the license can be suspended or revoked.

§ 4-25.14 Responsibilities of Tower or Wrecker.

[2000 Code § 4-14.13]

By making application to be utilized as a tower or wrecker by the Police Department and by accepting such employment, the person or firm agrees to:

a. Clean all debris at the accident site emanating from the accident;

b. Provide the Police Department with the following information on vehicles unclaimed over twenty (20) days:

1. Year, make, color and vehicle identification number;

2. Owner's name and address, if available;

c. Maintain a ledger of all towing or wrecking jobs handled, the name of the owner or operator, if known, the charges made for the service and the date and amount of payments;

d. Comply with all other terms and conditions of this section;

e. Comply with O.S.H.A. standards;

f. Provide the City with a written agreement to indemnify and hold the City harmless against any claims arising out of the towing operator's work which may be found to be negligently performed. The agreement shall also include indemnification for any legal fees and costs and expenses incurred by the City;

g. Any vehicle impounded by the Police Department shall not be released without proper authorization from same.

§ 4-25.15 Special Services.

[2000 Code § 4-14.14]

If special service is required, the tower or wrecker must notify the vehicle owner, in writing, in advance of the service required and of the contract hourly service rate. In the event the owner is incapacitated and unable to act on his/her own behalf, the tower or wrecker must file the written notice of charge with the Traffic Bureau of the Police Department during the next business day after the service is rendered.

§ 4-25.16 Revolving List; Alphabetical Order.

[2000 Code § 4-14.15; Ord. No. 3083]

a. The Police Department shall maintain a revolving list of licensed wreckers to provide service where needed and instruct all duty officers to call those listed in alphabetical order on a rotational basis. All owners or operators of disabled vehicles shall retain the right to direct the towing vehicle to remove the damaged vehicle to a garage or workshop of their own choosing.

b. No subcontracting of towing services shall be permitted. Only licensed vendors employing approved operators and utilizing inspected and approved vendor equipment will be permitted.

§ 4-25.17 Authorized Towing Service Receipt Forms.

[2000 Code § 4-14.16]

Each authorized towing service will complete and promptly file an authorized towing service receipt for every vehicle serviced on City assignment. The pre-printed form used will be supplied by the service and will include the following information:

a. Towing and service fee schedule.

b. Authorized service's business name, address and telephone number.

c. Time, location and identification of accident.

d. Towing service representative's signature.

e. Service charge and fees when paid.

f. The receipts will be prepared initially in five (5) parts and be issued as follows:

1. Original. Issued immediately to vehicle owner upon completion of service and payment of bill.

2. Police Report. Issued monthly to the Police Department upon completion of services and payment of bill.

3. Owner's Accident Receipt. Issued at the accident site to the owner prior to the removal of the vehicle. In the event the owner is incapacitated or disputes the assignment of the service without arranging for the timely removal of the vehicle himself/herself, this receipt may be issued to the Police Department. The receipt issued at the accident must record:

(a) Towed vehicle's license number;

(b) Date of assignment (accident);

(c) Tow operator's initials.

4. Two (2) towing service copies.

§ 4-25.18 Towing Log.

[2000 Code § 4-14.17]

The towing facility shall maintain a log during all periods of time during which the facility is designated as the official towing service. The log, which shall be kept for a period of five (5) years, shall contain the following information with respect to each vehicle towed: the date of towing, the location from which the vehicle was towed, the color, make, model, year, vehicle identification number, and license plate number and State, the condition of the vehicle, the contents of the vehicle, and pictures of the vehicle. The log may contain any other information that may be helpful to the owner of the vehicle towed or to the City.

§ 4-25.19 Cruising, Soliciting, Gratuities Prohibited.

[2000 Code § 4-14.18]

The practice of cruising with a wrecker or tow truck is forbidden. Furthermore, no person shall pay any emolument to any third person not involved in the accident or to any Police Officer for information as to the location of any accident or soliciting the employment of the licensee's service, nor give any gratuities, fees or other compensation or gifts to any members of the Police Department.

§ 4-25.20 Authority of Police Department.

[2000 Code § 4-14.19]

The Police Department is hereby given the authority to promulgate rules and regulations necessary to carry out the intent and purpose of this section, subject to approval by resolution by the Mayor and Council. The Police Department is hereby given the authority to suspend or revoke the right of any person or firm which is on the authorized list if the person or firm violates any of the terms and conditions of this section. Any person or firm aggrieved by any rule or regulation promulgated by the Police Department or by a suspension or revocation made by the Police Department shall be given a hearing by the City Council within fifteen (15) days of the filing with the City Clerk of a request for a hearing.

§ 4-25.21 Penalty.

[2000 Code § 4-14.20]

Each and every person or entity violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.

§ 4-26 POLICE AND FIRE ALARM SYSTEMS.

§ 4-26.1 Purpose.

[Ord. No. 2016-24 § 39-1]

The purpose of this section is to provide for the establishment and maintenance of an efficient, effective and uniform Police and fire alarm system within the City and to provide standards and regulations for alarm equipment, devices or systems to be installed or connected with or to the Police panel alarm system at Police Headquarters in the City, or otherwise installed or connected so as to elicit a response by the City Police Department or, through the Police Department, the Fire Department or other municipal agency.

§ 4-26.2 Scope.

[Ord. No. 2016-24 § 39-2]

The provisions of this section shall apply to any person or business who installs, connects, operates, maintains, services or owns any alarm equipment, device or system, including local and central station alarms, designed to summon the Police Department or, through the Police Department, the Fire Department, or the Fire Department directly, or other municipal agency to any location within the City in response to any type of call, signal, alarm or preprogrammed, prerecorded message.

§ 4-26.3 Definitions.

[Ord. No. 2016-24 § 39-3]

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

CENTRAL STATION ALARM

means any type of equipment, device or system which is connected to a private alarm company monitoring station which monitors alarm activations at their subscribers' locations. Upon alarm activation, and in the event that no person can be reached at the location or the person reached fails to respond with the correct code word or number, such company will contact the Police to respond to the location. (See § 4-26.5, Types of Alarms.)

COMMON ANNUNCIATOR LICENSE

means the license issued by the City Clerk to install and connect and to operate, control and maintain the Police panel alarm system and to make all subscriber installations and connections thereto.

DIGITAL DIALER SYSTEM

means any type of equipment, device or system using telephone wires to activate an audible alarm at the Police communication desk and provide both an information readout and a printout.

FALSE ALARM

means any activation of an alarm system, whether intentional or unintentional, by failure, malfunction, accidental tripping, misoperation, misuse, inadvertence or negligence by the subscribers or their employees or agents.

INSTALLER'S LICENSE

means the license issued by the Chief of Police of the City permitting a person to engage in, manage, conduct or carry on the business of installing, leasing, connecting, maintaining, servicing, repairing, arranging, adjusting, replacing, moving and programming, in any building, place or premises in the City, any alarm, equipment or device designed to summon the Police Department or, through the Police Department, the Fire Department or other municipal agency.

LOCAL ALARM

means any type of equipment, device or system which, when actuated, produces a signal or alarm not connected to the Police panel alarm system, such as a store, burglar or intrusion alarm actuating a bell, horn or other sounding device, for the purpose of summoning the Police Department or, through the Police Department, the Fire Department or other municipal agency to the location thereof and in response thereto.

POLICE PANEL ALARM SYSTEM

means that system giving a visual or audio response, or both, on the control panel of the Police console located within the confines of the Police Department of the City, monitored by the Police Department, and which includes the subscriber modules, the control modules, the control cabinets, the energy pack, and all necessary and accessory equipment, wires and connections therein and thereto.

TAPE DIAL ALARM

means any type of equipment, device or system, preprogrammed or automatic, using telephone wires to transmit any alarm, message, signal or report directly through or to the Police Department switchboard for the purpose of summoning the Police Department or other municipal agency to any location within the City in response thereto.

§ 4-26.4 Penalties.

[Ord. No. 2016-24 § 39-4]

Any person found guilty in the Municipal Court of the City for violation of the terms of this section shall be subject to punishment as describe herein:

a. 1st Summons: $50

b. 2nd Summons: $100

c. 3rd Summons: $200

d. 4th Summons or more: To be determined by the Judge of the Municipal Court.

Alarm owners will not be held accountable for false alarms triggered by severe weather conditions, electrical malfunctions or phone line problems. A property owner shall have two "free" false alarms before summons are issued.

§ 4-26.5 Types of Alarms.

[Ord. No. 2016-24 § 39-5]

a. Central Station Alarm.

The installed alarm system is connected to a private alarm company which monitors alarm activations at the subscriber's location. When the alarm is activated, a signal is transmitted — usually over telephone lines — to the monitoring company which then calls the subscriber to verify the signal. If there is no answer or if the person who answers the telephone fails to respond with the correct code word or number, the monitoring company contacts the Police who, in turn, respond to the location.

b. Local Alarm.

When activated, this type of alarm system produces an audible or visual signal to alert occupants, neighbors or passers-by to a detected condition but it is not connected to a monitoring company.

c. Tape Dial Alarm.

When activated, a pre-recorded message is transmitted by telephone directly to the Police Department. Use of this type of alarm is prohibited.

d. Police Panel Alarm.

This type of alarm reports directly to the Police and is connected to the control panel of the Police console located within the department. Such systems usually do not incorporate verification capabilities to permit screening of false alarms prior to dispatch procedures being initiated. Consequently, the City of Asbury Park Police Department does not operate a Police panel for direct connection of alarm systems.

§ 4-26.6 Alarm System Permit or Registration Required.

[Ord. No. 2016-24 § 39-6]

a. No person shall install, connect or maintain, or cause to be installed, connected or maintained, any Police alarm equipment, device or system in or to the Police Headquarters in the City for the purpose of transmitting a signal or alarm or reporting a signal, alarm or prerecorded message to the attention of the Police Department for the purpose of summoning the police department or, through the Police Department, the Fire Department or other municipal agency in response thereto, without first having made application and been issued a permit therefor in accordance with the provisions of this section and the rules, regulations and procedures established and provided under this section.

b. No person shall install, connect or maintain, or cause to be installed, connected or maintained, any local or central station alarm without first having registered the alarm with the Chief of Police as provided in this section.

c. All applications for the issuance of a permit required under this section shall be made in writing to the Chief of Police on a form provided therefor, and shall be accompanied by the current application and processing fee.

d. The application, among other information which may, from time to time, be required or prescribed by the Chief of Police, shall contain the name, address and telephone number of the applicant, the name, address and telephone number of each of the premises and customers or persons to be served by the proposed installation or connection, the location of the device, alarm equipment or system, the name of the installer, the type of device, alarm equipment or system, provisions relating to false alarms and testing procedures, and a list of persons to be contacted in the event of an alarm.

e. Upon application for a permit, the Chief of Police shall cause an investigation and records to be made, and, thereafter, provided the applicant has complied with all of the terms of this section and the rules and regulations made, promulgated and adopted pursuant thereto, shall issue the permit.

f. Permit fees for present subscribers to the existing alarm system shall be waived or those with existing alarm systems.

g. Effective August 1, 2016, the permit fee for new applications shall be a non-refundable fee of fifty ($50) dollars.

§ 4-26.7 Information to Be Kept Current; Penalties.

[Ord. No. 2016-24 § 39-7]

Once the alarm system is registered, information on record with the Police Department must be up-to-date. Businesses must ensure that their emergency contact information is always correct. Failure to keep the alarm system registration current will result in penalties as found in § 4-26.4, Penalties.

§ 4-26.8 Conditions of Permits.

[Ord. No. 2016-24 § 39-8]

No permit shall be granted under this section except upon the following terms and conditions:

a. The applicant shall furnish and complete all information required relating to the application and the alarm, equipment, device or system to be installed or connected, and data relating to prevention of false alarms and testing procedures.

b. No person other than the applicant and the agent and employees shall exercise the privileges under the permit.

c. The applicant shall maintain the equipment in good condition and repair.

d. No permit shall be transferred or assigned in any manner.

e. The permit is accepted upon the express condition the permittee shall indemnify and hold the City harmless from and on account of any and all damages arising out of the activities of the permittee, its alarm contractor, or the common annunciator licensee of the City.

f. Each separate building, store, premises, place or location shall require a separate permit and a separate installation or connection to the Police panel alarm system.

g. The applicant or permittee, upon acceptance of such permit, thereby agrees to hold and save harmless the City and its agents or employees from any liability whatsoever in connection with any such alarm, equipment, device or system, or the operation and maintenance of the alarm, equipment, device or system, which shall be the sole responsibility of the person having had the alarm, equipment, device or system installed or connected.

§ 4-26.9 Suspension or Revocation of Permit.

[Ord. No. 2016-24 § 39-9]

a. Any permit issued under the provisions of this section may be suspended or revoked by the Chief of Police for any violation of or failure to comply with the provisions of this section or any rule or regulation promulgated by the Chief of Police and approved by the City Council pursuant to this section, including the following:

1. The permittee, agent or employee willfully failed to and did not comply with a request by a member of the Police Department to proceed immediately to the location of the permittee's alarm and render necessary services.

2. The permittee, agents or employees knowingly installed or maintained a faulty alarm device. An inordinate number of false alarms shall be prima facie evidence that such alarm device is knowingly a faulty device.

3. The permittee has breached the terms and conditions of the permit.

b. No permit shall be revoked or suspended without giving the permittee thirty (30) days' notice in writing of such action and an opportunity to show cause before the Chief of Police why such action should not be taken. Any person aggrieved by the action or determination of the Chief of Police in the denial of a permit or in the suspension or revocation of any permit provided for in this section may appeal to the City Manager.

§ 4-26.10 Tape Dial Alarm Devices Prohibited and Older Systems.

[Ord. No. 2016-24 § 39-10]

a. No permit shall be issued for the installation, connection, operation, maintenance, service or ownership of any tape dial alarm, equipment or device. Any unauthorized equipment may be disconnected by the Chief of Police or the designated representative for noncompliance with this section. Any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this section, and each day the equipment is in operation shall be considered a separate violation.

b. Older systems that cannot communicate with the Police Department do not need to be upgraded.

§ 4-26.11 Local and Central Station Alarms.

[Ord. No. 2016-24 § 39-11]

All local and central station devices, alarms, equipment or systems shall be registered with the Chief of Police, and all information required with respect to such registration shall be provided and kept current by the registrant.

§ 4-26.12 Limitations of Obligations of City.

[Ord. No. 2016-24 § 39-12]

a. The City shall be under no duty or obligation to any permittee under this section, the common annunciator licensee or any other licensee under this section for any of the Police panel alarm system equipment or any other equipment, device or system connected thereto, such equipment and system being maintained at will and subject to termination at any time by cancellation of the system by resolution duly adopted by the City Council. However, the common annunciator license provided for in this section shall not be revoked except upon good cause by the City Council. Any individual permit or license issued may be revoked at any time by the Chief of Police as provided in this section.

b. Notwithstanding payment of any fees or the receiving or issuance of any permit or registrations as required under this section, the Police Department of the City shall not be under any obligation whatsoever concerning the installation or connection or adequacy, operation or maintenance of the alarm, equipment, device or system so installed or connected, and the City and its authorized agents hereby assume no liability whatsoever for any failure of such alarm, equipment, device or system, failure to respond to any such alarm or transmittals or for any act of omission or commission as a result of any such alarm equipment, device or system; and the obligation for the maintenance and upkeep of such alarm equipment, device and system, except for the equipment installed in Police headquarters, shall be the sole responsibility of the person having had the equipment, device or system installed or connected.

§ 4-26.13 False Alarms.

[Ord. No. 2016-24 § 39-14]

a. The subscriber shall be accountable for false alarms caused by equipment failure or malfunction of the alarm system installed by the subscriber's alarm installer or the subscriber's alarm maintenance company.

b. A subscriber shall not be held accountable for false alarms caused by severe weather conditions, electrical malfunctions, malfunctions of the alarm console located at Police headquarters, or malfunction of telephone lines used to transport the alarm signal over which the subscriber or the subscriber's alarm installer or maintenance company have no control.

c. In the case of a false alarm by any type of device regulated in this section, including local and central station alarms, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations made under this section. In addition, in the case of a false alarm, the Chief of Police shall cause an investigation to be made and keep a record of such false alarms on file. For such false alarms, the following penalties are prescribed:

For the first and second false alarm in any given calendar year a warning shall be issued. For the third false alarm and each additional false alarm in the same calendar year, a fine shall be paid to the City as found in § 4-26.4, Penalties. The third false alarm shall begin at the 1st Summons level.

Where an alarm device is connected to the Police panel alarm system and the investigation of the Police Department discloses continued abuse of the privilege of such connection and a disregard of the permittee for taking remedial steps to avoid false alarms, the City Council reserves the right to require disconnection from the Police panel alarm system for a limited or permanent time, provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Chief of Police why such action should not be taken.

d. The permittee shall take all necessary steps to immediately ascertain the cause of any false alarm and shall alleviate the problem within 72 hours or show cause before the Chief of Police why the malfunction cannot be remedied within that time period. The Chief shall have the discretion to grant an additional period of time within which to make the repair.

§ 4-26.14 Unauthorized Connections; Inspections.

[Ord. No. 2016-24 § 39-15]

Any unauthorized equipment may be disconnected by the Chief of Police or designated representative for noncompliance with this section, and any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this section, and each and every day such equipment is in operation shall be considered a separate violation. Any permittee shall, by acceptance of the permit, be deemed to have consented to inspection of the premises on which the alarm devices are installed at reasonable hours by the Chief of Police or designated representative.

§ 4-26.15 Alarm Installer's License.

[Ord. No. 2016-24 § 39-16]

a. Required. No person shall engage in, manage, conduct or carry on the business of installing, leasing, connecting, maintaining, servicing, repairing, arranging, adjusting, altering, replacing, moving, programming, in or on any building, place or premises in the City, any Police, fire, burglar, dial, telephone, local or automatic alarm equipment, device or system which is equipped to report or to attract the attention of the Police Department or Fire Department in order to secure a response thereto without having applied for and received from the Chief of Police of the City an annual license therefor. Licensed electricians, electrical contractors and their employees shall not be exempt from the provisions of this section as hereinafter set forth.

b. Fee; term; renewal. Upon the initial filing of an application for an installer's license referred to in Subsection a. above, the applicant shall pay unto the Chief of Police a fee to defray the costs of investigation, inspections, maintaining records and other administrative expenses. Each year thereafter, such installer's license may be renewed, upon the request of such licensee, at an annual renewal fee. All installer's licenses hereunder shall expire on December 31 of the year in which issued, and all licenses for renewal thereof must be submitted in writing to the Chief of Police on or before January 31 of the succeeding year, together with the aforesaid renewal fee. The fee for the initial application and the fee for the renewal of an alarm installer's license shall be fifty ($50) dollars.

c. Application. Upon filing an application for a license, the applicant shall complete a form provided therefor by the Chief of Police, which form shall include the name, address and telephone number of the applicant; the name and type of equipment, device or system to be installed and utilized; the brand name or manufacturer of the equipment, device or system; the serial number of such equipment, device or system; the person from whom the equipment, device or system was purchased; the nature of installation; the method of operation; the location of installation; and such other information as may be required from time to time under the rules and regulations promulgated by the Chief of Police.

d. Investigation. The Police Chief shall cause an investigation to be made of the applicant for an installer's license to determine the qualifications, responsibility and reliability of such applicant and the quality and reliability of equipment, devices or systems to be installed or connected by the installer, as well as the ability of such installer to comply with the rules and regulations made and promulgated by the Police Chief and adopted by the City Council.

e. Records; Compliance with Rules and Regulations. Licensed electrical contractors and their employees and installer licensees under this section shall be required to maintain complete and accurate records of all such alarm equipment, devices or systems installed, connected, maintained, leased or serviced within the City, and shall notify the Police Chief of such installation, connection or maintenance, and all installations and connections and all alarm equipment devices and systems shall conform to the rules and regulations made and promulgated pursuant to this section by the Police Chief and approved by the City Council.

§ 4-26.16 Additional Rules and Regulations.

[Ord. No. 2016-24 § 39-17]

a. The Chief of Police may make, prescribe and promulgate supplementary rules and regulations for the installation and connection of alarm equipment, devices or systems covered by the terms of this section, and for the performance, maintenance and operation of alarm equipment, devices or systems as may be reasonably necessary to fulfill the purposes of this section.

b. Such rules and regulations shall be made, prescribed and promulgated to sufficiently promote and ensure an effective and uniform Police and fire alarm system, and proper installation and connection; provide for maintenance of records and efficient management of the alarm system, the speedy and accurate operation and reporting of alarms, minimizing mechanical failure, and minimizing false alarms and the consequential dangers of false alarms to citizens of the City; the proper monitoring of alarms, and prompt response to such alarms; and the prevention of jamming of the switchboard and the creation of nuisances or other interference or hindrance with the proper operation of duties of the Police Department and dispatchers.

c. The rules and regulations and all changes thereof shall be subject to the approval of the City council.

d. The rules and regulations shall be in writing and shall be given to each permittee or licensee at the time of the application for or issuance of the permit or license or at the time of the promulgation or amendment of such rules and regulations.

§ 4-27 FILM AND PHOTOGRAPHY PERMITS.

§ 4-27.1 Purpose.

[Added 3-24-2021 by Ord. No. 2021-7]

The purpose and intent of this section is to enable the City of Asbury Park to have control over commercial filming and photography activities which are undertaken within the confines of the City, in order to ensure the protection of the interests of those in the community upon whom such activities may impact.

§ 4-27.2 Definitions.

[Added 3-24-2021 by Ord. No. 2021-7]

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

CITY

Shall mean the City of Asbury Park, in the County of Monmouth, New Jersey.

EDUCATIONAL/STUDENT FILM

Shall mean a motion picture, film, television picture, videotape or other type of photographic compilation that is undertaken to satisfy a course or curriculum requirement at an accredited educational institution. The student filmmaker must supply proof that he/she is currently enrolled in any such educational institution.

FAMILY VIDEO OR FAMILY PHOTOGRAPHY

Shall mean the filming or videotaping of motion pictures, or still photography, intended solely for private use.

FILM

Shall mean a motion picture, movie, videotape or other similar visual recording involving a series of moving images that is intended to be shown to others for entertainment.

FILMING

Shall mean the taking of still or motion pictures, either on film, videotape, or similar recording medium, for any purpose intended for viewing in theaters, on television, or through other streaming mediums or electronic or other devices, or in any other respect for commercial purposes. This term shall not include Family Videos and Photography and News Media, as defined herein, or as otherwise provided herein.

MAJOR MOTION PICTURE

Shall mean any film which is financed and/or distributed by a major motion picture studio or corporation for presentation in movie theaters or to be shown or available through other streaming mediums or electronic or other devices, including any filming activity connected with any part of such a production, provided that the production has an overall budget of $2,000,000.00 or more.

MOTION PICTURE, TELEVISION PICTURE, OR STILL PHOTOGRAPHY

Shall refer to all activities attendant to the staging and/or shooting of commercial motion pictures, television movies, television shows, television series, commercials, or other videotaped activities that are intended to be shown through any type of streaming mediums or electronic or other devices or in any other respect for commercial purposes, and/or the taking of single or multiple photographs for sale or commercial use, where the photographer, cameraman or other person recording the activity sets up stationary equipment in any one location for longer than five consecutive minutes but does not comply with the definition of Major Motion Picture.

NEWS MEDIA

Shall mean photographic, filming, and/or videotaping for the purpose of a television news broadcast or reporting for print or digital media by reporters, photographers or cameramen.

NON-PROFIT

Shall mean an organization or entity which has been duly established and operates in accordance with the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1-1, et seq., or a similar entity which has been organized under the laws of a jurisdiction other than the State of New Jersey (defined as a "foreign corporation" under N.J.S.A. 15A:1-2f) and which may have obtained federal tax exempt status under Section 501(c) of the Federal (IRS) Tax Code.

PERSON

Shall include any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

PUBLIC LANDS

Shall mean any area which is under the jurisdiction and control of the City of Asbury Park, including but not limited to any public building, street, sidewalk, highway, square, park, playground, the beachfront, the boardwalk, and any other public places.

§ 4-27.3 Permit Required; Exemptions.

[Added 3-24-2021 by Ord. No. 2021-7]

A permit from the City of Asbury Park shall be required for any person or organization/entity to undertake filming for commercial purposes in or upon any public lands or commercial property located within the City. This requirement shall pertain to a major motion picture, motion picture, television picture or still photography, as those terms are defined in this section. Activities undertaken in connection with City-sponsored events, family videos or family photography, or by the news media, shall be exempt from this requirement.

§ 4-27.4 Application.

[Added 3-24-2021 by Ord. No. 2021-7; amended 4-26-2023 by Ord. No. 2023-14]

a. A person or organization/entity seeking issuance of a permit hereunder shall file an application with the City Manager or his or her designee, on a form to be provided for that purpose, on which form the applicant shall furnish pertinent information to include but not be limited to the following:

1. Date(s) of desired filming activities.

2. Contact information for responsible parties associated with the proposed filming activities.

3. Production company (if applicable), with contact information.

4. Proposed location(s) for filming activities.

5. Equipment to be utilized in connection with filming activities, including any special equipment such as firearms, pyrotechnics, etc.

6. Evidence of compliance with the City's insurance requirements.

7. Evidence of written notice to all businesses and residents within two hundred feet (200') of the filming location at least three (3) days prior to filming.

8. Any additional information required by the City.

b. Applications for a permit as required by this section must be submitted at least thirty (30) working days prior to the commencement date of the activity. Applications submitted less than thirty (30) working days prior to the commencement date of the activity shall be subject to an expedited approval fee as set forth below.

§ 4-27.5 Fees.

[Added 3-24-2021 by Ord. No. 2021-7]

a. Fees as specified below shall be required in connection with the issuance of a permit for commercial filming activities within the City.

b. In addition to the fees prescribed below, and/or in cases where no specific fee is referenced below for the proposed activity, the applicant shall be required to pay fees as applicable pursuant to § 4-10, Permits for Special Events, of the City Code.

c. As prescribed below:

Film and Photography	Permit Fees
Permit Fee (one time)	$500.00
Daily Fee	$750.00
Major Motion Picture shooting for six (6) days or more - Daily Fee	$2,500.00
Expedited Approval (less than thirty (30) days)	$500.00
Staff (Public Works, Fire, Police)	Special Event rate as found in § 4-10.5, Fees
Use of Public Building	$500.00
Use of Park or Beach	$500.00
Street Closing	Special Event rate as found in § 4-10.5j,1 and j,2
Non-profit	$50.00

d. Applicants for educational/student films shall be exempt from permit fees. Such applicants shall also be exempt from location fees and fees associated with usage of public property, at the discretion of the City Manager.

e. The City Manager shall be authorized to negotiate fees in relation to City staff and equipment, as required, to protect the health, safety and welfare of the public

§ 4-27.6 Reimbursement of Certain Costs.

[Added 3-24-2021 by Ord. No. 2021-7]

In addition to any and all other fees and costs specified under this section, the applicant shall be required to reimburse the City for any lost revenue, including but not limited to repairs required to public property, and any revenues that the City was prevented from earning because of the filming activities (i.e., parking meter fees, etc.).

§ 4-27.7 Insurance.

[Added 3-24-2021 by Ord. No. 2021-7]

No permit shall be issued pursuant to this section unless the applicant shall provide the City with satisfactory proof of the following:

a. For organizations/entities:

1. Comprehensive general liability insurance with carriers authorized to do business in the State of New Jersey and with policies remaining in full force and effect during the period of time contemplated by the permit, covering premises, products/completed operations, independent contractors, contractual coverage, advertising injury and protection against claims for all damages arising from bodily injury, property damage, and personal injury, including death, related to the activities to be undertaken in the City.

2. A Certificate of liability insurance naming the City of Asbury Park, along with its elected and appointed officials, employees, officers, agents, volunteers, boards, commissions, representatives, professionals and insurers as additional insureds (collectively referred to herein as the "City Insureds"), with limits carried of at least $1,000,000.00 per occurrence with a $2,000,000.00 aggregate underwritten by an insurance company licensed to do business in the State of New Jersey and acceptable to the City of Asbury Park. All such policies of insurance shall indicate that they are primary and non-contributory and shall include a waiver of subrogation or transfer of rights. The City reserves the right to increase the required amount of insurance coverage based upon the particular circumstances of each application.

3. A written hold harmless and indemnification agreement in favor of the City insureds for all losses arising out of the acts and omissions of permittees, their employees, agents, contractors and assigns, must also be executed, which shall be in a form satisfactory to the City.

b. For individuals:

1. A certificate of liability insurance with personal liability covered under a homeowners or similar insurance policy including bodily injury and property damage with minimum limits of liability not less than $1,000,000.00 naming the City of Asbury Park, along with its elected and appointed officials, employees, officers, agents, volunteers, boards, commissions, representatives, professionals and insurers as additional insureds (collectively referred to herein as the "City Insureds"). The City reserves the right to increase the required amount of insurance coverage based upon the particular circumstances of each application.

2. A written hold harmless and indemnification agreement in favor of the City Insureds for all losses arising out of the acts and omissions of permittees, their employees, agents, contractors and assigns, must also be executed, which shall be in a form satisfactory to the City.

The City Manager, in consultation with the City's risk management team, may amend the insurance requirements specified above if deemed appropriate, given the contemplated filming activities that are the subject of the permit.

§ 4-27.8 General Requirements.

[Added 3-24-2021 by Ord. No. 2021-7]

The following requirements shall apply to all permits issued under this section:

a. The person or organization/entity to which the permit is issued shall be responsible to ensure that all rules, regulations and ordinances of the City are obeyed and that City property is left in good order and not damaged.

b. If any damage to City property is occasioned, the person or organization/entity to which the permit is issued shall be required to repair the damage and return the property to its pre-damaged condition. The City reserves the right to require a refundable deposit of at least $500.00 to cover any damage to public property as a result of filming activities.

c. The permit holder shall preserve order and decorum during its filming activities.

d. The permit holder shall conduct its activities in such a manner as to minimize the inconvenience or discomfort to adjoining property owners and the public in general as a result of the filming activities and shall, to the extent practicable, abate noise and park vehicles off the public streets. All vehicles parked on public streets and rights of ways shall be parked in accordance with all applicable state and local regulations.

e. The City of Asbury Park shall receive promotional credit on any filming project.

f. Permits issued for filming activities under this section shall not be transferable.

§ 4-27.9 Refusal to Issue Permit; Revocation of Permit.

[Added 3-24-2021 by Ord. No. 2021-7]

a. The City may refuse to issue a permit whenever it determines, in its sole discretion, that the issuance of the requested permit may pose a risk to the health, safety and welfare of the public, or may cause an annoyance or disturbance to, or otherwise cause a negative impact upon, the quality of life of City residents.

Examples of the types of activities which may cause an annoyance or disturbance to, or otherwise negatively impact the quality of life of, City residents include but are not necessarily limited to the following:

1. The presence of trucks and trailers to store equipment and house cast members, which may create traffic and parking problems;

2. The attractive nuisance created by filming, which may attract crowds of onlookers and spectators;

3. Excessive noise and lighting;

4. The erection and placement of filming equipment which may obstruct public rights-of-way and other areas;

5. Activities extending well into the late night or early morning hours, which may disturb the peace and quiet enjoyment of neighboring residents;

6. The necessity of a constant police presence to keep the site secure and maintain order;

7. The potential for disorderly activities committed by either cast or crew members, or visitors to the site; or

8. Any other circumstances which, in the sole discretion of the City Manager, may negatively affect the public.

The above undesirable effects are particularly acute in residential neighborhoods, where residents have a legitimate and legally protected right to be free from unwanted and unnecessary intrusions into the peace and sanctity of their homes.

b. The City may revoke a permit issued pursuant to this section in any case where unforeseen circumstances arise which endanger the health, safety and welfare of the public, or in any other circumstance where the health, safety and welfare of the public is at risk, or where the activities associated with the filming activities have been determined, in the sole discretion of the City Manager, to have caused an annoyance or disturbance to, or have otherwise negatively impacted the quality of life of, City residents.def

§ 4-27.10 Waiver of Requirements of Section by the City.

[Added 3-24-2021 by Ord. No. 2021-7]

The City Manager or his/her designee is hereby authorized to relax the requirements of this section in furtherance of the best interests of the City and to protect the health, safety and welfare of the public, depending upon the specific circumstances of each case.

§ 4-27.11 Offenses and Penalty.

[Added 3-24-2021 by Ord. No. 2021-7]

a. Offenses. A person commits an offense if he or she:

1. Commences or conducts filming activities that are subject to the requirements of this section without a permit; or

2. Fails to comply with any condition, requirement or provision of the permit, or otherwise violates any ordinance, rule or regulation that is applicable to the filming activity.

b. Penalty. A person who violates a provision of this section shall be guilty of a separate offense for each day or part thereof during which the violation is committed or continued and shall be liable, upon conviction, to the penalty as stated in Chapter 1, Section 1-5 of the City Code, or as provided by State Statute.