[Editor's Note: The general power to license and prescribe
license fees is contained in N.J.S.A. 49:52-1, 2. Licensing is also
a part of the general Police power granted by N.J.S.A. 40:48-2.]
[1979 Code § 5-1.1]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the City, except alcoholic beverage licenses, dog licenses
and taxicab licenses; provided, however, that tax exempt religious
and charitable organizations shall be exempted from paying the license
fees provided for in this chapter.
[1979 Code § 5-1.2]
All applications for licenses shall be made to the License Inspector
on forms provided by him, and shall contain the following information:
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses, and if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
i.
The applicant shall be fingerprinted if the Chief of Police determines
that fingerprints are necessary for proper identification. Fingerprint
records shall be immediately processed for classification and identification.
j.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
[1979 Code § 5-1.3; New]
Each application may be referred by the License Inspector to
the Chief of Police or a Police Officer designated by him, who shall
immediately institute whatever investigation of the applicant's business
responsibility, moral character and ability to properly conduct the
licensed activity as he considers necessary for the protection of
the public. He shall communicate his findings in writing to the License
Inspector within a reasonable time after the application has been
filed. If the investigator decides that the applicant's character,
ability or business responsibility is unsatisfactory, or the products,
services or activity are not free from fraud, he shall disapprove
the application and the License Inspector shall refuse to issue the
license and shall so notify the applicant. Otherwise, the License
Inspector shall issue the license immediately, provided the required
license fees have been paid except in cases where approval of the
Council is required. In the case of an application for a solicitor's,
peddler's or canvasser's license, the license may be issued immediately
subject to the investigation.
[1979 Code § 5-1.4]
Licenses shall be in a form which the Mayor and Council shall
prescribe by resolution, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Mayor and Council may,
by resolution, require.
[1979 Code § 5-1.5]
The License Inspector shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Mayor and Council and shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Mayor and Council may, by resolution, require.
[1979 Code § 5-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any Police Officer or any person with whom
he is doing business.
[1979 Code § 5-1.7]
A license shall apply only to the person to whom it was issued
and shall not be transferable to another person. Licenses may be transferred
from place to place in cases where the licensed activity is conducted
at a fixed location, but only with the approval of the Mayor and Council
by resolution.
[1979 Code § 5-1.8]
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
b.
When an application for a license is made during the course of any
calendar year, the fee shall be prorated to the nearest month. Any
period of time greater than one-half (1/2) a month shall be considered
as a full month for this purpose.
[1979 Code § 5-1.9]
a.
Causes. Any license or permit issued by the City except for entertainment
licenses issued for premises under the jurisdiction of the Board of
Alcoholic Beverage Control may be revoked by the Council after notice
and a hearing for any of the following causes:
1.
Fraud or misrepresentation in any application for a permit or license.
2.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
3.
A violation of any provision of this revision.
4.
Conviction of the licensee of any crime or disorderly person's offense
involving moral turpitude.
5.
Conduct of the licensed activity whether by the licensee himself
or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
6.
Whenever a license has been issued immediately upon application,
pending the results of the investigation provided for by this section,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
b.
Notice of Hearing. Notice of hearing for the revocation of a license
or permit shall be given in writing by the City Clerk. The notice
shall specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his last known address by certified
mail, return receipt requested, at least five (5) days prior to the
date set for the hearing.
c.
Hearing; Determination. At the hearing the licensee shall have the
right to appear and be heard, to be represented by an attorney, to
present witnesses in his own behalf, to cross-examine opposing witnesses
and to have a permanent record made of the proceedings at his own
expense. The Council shall revoke or suspend the license if it is
satisfied by a preponderance of the evidence that the licensee is
guilty of the acts charged.
d.
Reinstatement of Revoked License. The Council may issue another license
to a person whose license has been revoked or denied if after hearing
it is satisfied by clear and convincing evidence that the acts which
led to the revocation or denial will not occur again; otherwise, no
person whose license has been revoked or denied, nor any person acting
for him, directly or indirectly, shall be issued another license to
carry on the same activity.
[Ord. No. 62-44]
a.
The purpose of this section is the regulation of the opening and
closing hours of all business and commercial establishments to which
the public is invited in the interest of the protection of the employees,
patrons and law enforcement officers. It has been determined that
unprotected and understaffed business and commercial enterprises are
prey to the criminal element in our society during the late night
and early morning hours and that certain security devices must be
provided in order to protect the general public who use these establishments.
b.
The provisions and requirements of this section shall not apply to
nor include any business or commercial establishment issued a license
or permit for on-the-premises consumption of alcoholic beverages or
permitted to carry on a business or commercial activity under the
laws of the United States, the State of New Jersey or other municipal
ordinances not inconsistent with the provisions of this section.
[Ord. No. 62-44]
No business or commercial establishment to which the public
is invited shall be open between the hours of 12:00 midnight and 6:00
a.m., Eastern standard time, unless:
a.
There are three (3) employees on continuous duty in that part of
the business or commercial establishment to which the public is invited;
or
b.
The business or commercial establishment shall employ a security
officer, who shall be considered one (1) of the required employees
as set forth under paragraph a above.
[Ord. No. 62-44]
Any person who shall violate a provision of this section shall, upon conviction thereof, be subject to the penalties set forth in subsection 1-5.1 of this Code.
[1979 Code § 5-2.1; Ord. No. 32-37 § 1]
As used in this section:
Shall mean any movable truck, van, trailer, bicycle or other
movable unit, including hand-carried, portable containers in or on
which food or beverage is transported, stored or prepared for retail
sale or given away at temporary locations.
Shall mean an organization, person or entity possessing a
tax exempt status which shall be evidenced by furnishing to the City
of Linden a tax exempt number provided by the State of New Jersey
and/or the Government of the United States.
Shall mean a person, commonly referred to as a "peddler"
or "hawker" or "itinerant merchant" who goes from place to place or
house to house by traveling on the streets and carries with him goods,
wares, merchandise or other things of value for the purpose of selling
and delivering them to consumers.
Shall mean a person who goes from house to house selling
or buying goods, wares, merchandise or other things of value by sample
or by taking orders for future delivery or selling a service, with
or without acceptance of an advance payment for the goods, wares,
merchandise, other things of value or service.
Shall mean a person who, whether a resident of the City or
not, engages in a temporary business within the City of selling and
delivering goods, wares, merchandise or services within the City and
who in furtherance of such purpose, hires, leases, uses or occupies
any building, structure, motor vehicle, tent, railroad, boxcar or
boat, public room in hotels, lodging houses, apartments or shops,
parking lot, sidewalk, street, alley or other place within the City,
for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction.
[1979 Code § 5-2.2; Ord. No. 32-37 § 1; Ord. No. 50-9 § 1]
The purpose of this section is to prevent dishonest business
practices; to provide for traffic and pedestrian safety by regulating
the use of the streets and property adjacent thereto by itinerant
or transient merchants; to prevent extended parking or trespassing
on private or public property; to prevent violations of the City Zoning
regulations; and to permit residents who choose not to engage peddling
and soliciting on their property to have their privacy protected.
[1979 Code § 5-2.3; Ord. No. 32-37 § 1; Ord. No. 50-9 § 1]
a.
This section shall not apply to:
1.
Any person conducting a sale pursuant to statute or court order.
2.
Any person soliciting a vote or support for any political candidate
or program.
3.
Any person engaged in delivering goods, wares, merchandise or other
articles or things in the regular course of business to the premises
of a person ordering or entitled to receive the same.
4.
Any person delivering or soliciting newspapers.
5.
Any person engaged in the distribution or dissemination of any pamphlets,
literature or documentation.
b.
The provisions of subsection 4-2.6 shall not apply to any person honorably discharged from the military, naval or marine forces of the United States possessing a license for one (1) of the activities defined in subsection 4-2.1 issued in conformity with N.J.S.A. 45:24-10 and any amendments thereto, except that such person shall present such license to the license inspector. All other provisions of this section shall be applicable.
c.
The provisions of subsection 4-2.6 shall not apply to any person who is an exempt member of a volunteer fire department, ambulance or rescue squad, possessing a license for one (1) of the activities as defined in subsection 4-2.1 issued in conformity with N.J.S.A. 45:24-9B and the amendments thereto, except that such person shall present his license to the license inspector. All other provisions of this section shall be applicable.
[Ord. No. 50-9 § 1]
Any property owner, resident, lessee, tenant, or other occupant of any real property located within the City of Linden may place a sign stating "no soliciting" in a visible place at or near the door where peddlers or solicitors would generally approach the premises. Such a sign shall be easily readable from a distance of five (5) feet. If such a sign is present, no individual shall approach the aforesaid premises for any purpose, including those individuals referred to in subsection 4-2.3a through c.
[1979 Code § 5-2.4; Ord. No. 32-37 § 1]
A transient merchant shall not be relieved from complying with
the provisions of this section merely by reason of associating temporarily
with any local dealer, trader, merchant or auctioneer or by conducting
such transient business in connection with, as part of or in the name
of any local dealer, trader, merchant or auctioneer.
[1979 Code § 5-2.5; Ord. No. 32-37 § 1; Ord. No. 51-31 § 1]
It shall be unlawful for any transient merchant, itinerant vendor,
itinerant merchant, peddler, hawker, or solicitor to sell, buy, dispose
of or offer to sell or dispose of any goods, wares, merchandise, or
other things of value or services in or on any portion of a public
right-of-way. Notwithstanding any other provision of this section,
any mobile retail food establishment may solicit to sell, buy, dispose
of or offer to sell or dispose of any goods, wares, merchandise, or
other things of value or service that are normally and customarily
offered by a mobile retail food establishment, in or on any portion
of the public right-of-way or City property provided that no mobile
retail food establishment shall stand upon any public right-of-way
or City property, at the same location, for a period in excess of
fifteen (15) minutes. For purposes of this subsection, the phrase
"same location" shall mean the physical location where the mobile
retail food establishment has stopped or is standing, on all public
rights-of-way or City property within two hundred (200) yards of the
mobile retail food establishment.
[Ord. No. 48-86 § 1]
It shall be unlawful for any transient merchant, itinerant vendor,
itinerant merchant, peddler, hawker, or solicitor to sell, buy, dispose
of or offer to sell or dispose of any goods, wares, merchandise, or
other things of value or services in any municipal building or on
municipal property without the express permission by the City Council.
[1979 Code § 5-2.6; Ord. No. 32-37 § 1]
It shall be unlawful for any transient merchant, itinerant vendor,
itinerant merchant, peddler, hawker, mobile retail food establishment,
or solicitor to sell, buy, dispose of or offer to sell or dispose
of any goods, wares, merchandise or other things of value or services
or to solicit contributions, gifts, pledges or subscriptions of money
or goods without first obtaining a license therefor.
A nonprofit organization may acquire a single license for the
sole purpose of conducting door-to-door solicitation of the organization
upon submission of a list of all dates for such solicitation and the
names and addresses of all solicitors and upon compliance with all
other terms of this section. The license shall be valid until December
31st of the year of its issuance.
Any nonprofit vendor may acquire a single license for the sole
purpose of conducting canister drives at commercial establishments
upon submission of a list of all dates and locations for such solicitation
and the names and addresses of all solicitors and upon compliance
with all other terms of this section. Such solicitation is limited
to two (2) persons per ingress or egress doorway and shall not involve
any structures, displays or furniture. The license shall be valid
until December 31st of the year of issuance.
[1979 Code § 5-2.6A; Ord. No. 32-37 § 1; Ord. No. 52-29 § 10]
Notwithstanding any other provision of this section to the contrary, any transient merchant, itinerant vendor, itinerant merchant, peddler, hawker, mobile food retail establishment, or solicitor to sell, buy, dispose or offer to sell or dispose of any goods, wares, merchandise or other things of value or services, or to solicit contributions, gifts, pledges or subscriptions of money, goods or otherwise, at any special event held by the City, the City of Linden Board of Education, or any group, organization or entity which is authorized to conduct same, may, on compliance with the applicable provisions of this section, and upon the payment of the fee of $20 established hereunder, be issued a one (1) day license to conduct business, which shall be valid only for the date upon which the event is scheduled to occur. There shall be no limitation upon the number of one (1) day special event licenses that may be obtained during the course of a year. Furthermore, with the exception of subsection 4-2.10 and the provisions of this section regarding license fees, the issuance of the one (1) day license to a transient vendor shall be subject to all other provisions of this section.
[1979 Code § 5-2.7; Ord. No. 32-37 § 1]
a.
Applicants for a license under this section shall file a written,
sworn application signed by the individual if an individual, by all
partners if a partnership, by the president if a corporation, and
by the highest two (2) officers if an association, society or other
form of organization, with the License Inspector, showing:
1.
The name or names of the person or persons having the management
or supervision of the applicant's business during the time that is
proposed that it will be carried on in the City; the local address
or addresses of such person or persons while engaged in such business;
the permanent address or addresses of such person or persons and all
addresses for such person for the past five (5) years; the date of
birth of such person or persons; the citizenship of such person or
persons; the social security number of such person or persons; the
marital status of such person or persons; the capacity in which the
person or persons will act (that is, whether as proprietor, agent
or otherwise); the name and address of the person, firm or corporation
for whose account the business will be carried on, if any, and if
a corporation, under the laws of what State the same is incorporated.
2.
The place or places in the City where it is proposed to carry on
the applicant's business and the length of time during which it is
proposed that the business shall be conducted. In furtherance hereof,
except in the case of mobile retail food establishments, applicant
shall be required to submit a sketch depicting the exact location
on the property wherein the activities will be conducted and the distance
from the location to the right-of-way line.
In the event that during the life of the license the applicant
desires to amend the location on the property wherein the activities
will be conducted, the applicant shall be required to submit an amended
sketch depicting the new location and obtain approval thereof, with
all distances from the location to the right-of-way line.
3.
The place or places, other than the permanent place of business of
the applicant, where the applicant, within the six (6) months preceding
the date of the application, conducted a transient business, stating
the nature thereof and giving the post office and street address of
any building or office in which such business was conducted.
4.
A brief statement of the nature, character and quality of the goods,
wares or merchandise to be sold or offered for sale by the applicant
in the City; the invoice and quality of such goods, wares and merchandise;
whether the same are proposed to be sold from stock in possession
or from stock in possession and by sample, at auction, by direct sale
or by direct sale and by taking orders for future delivery; where
the goods or property proposed to be sold are manufactured or produced;
and where such goods or products are located at the time the application
is filed.
5.
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers, and, if
required by the License Inspector, copies of all such advertising,
whether handbills, circulars, newspaper advertising or otherwise shall
be attached to the application as exhibits thereto.
6.
Whether or not the person or persons having the management or supervision
of the applicant's business have been convicted of a crime, misdemeanor
or the violation of any municipal ordinance, the nature of such offense
and the punishment assessed therefor.
7.
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
8.
Any record of arrest or conviction at any time of any crime or disorderly
conduct, or of any municipal ordinance or regulation of the person
or persons having management or supervision of the applicant's business
or of the applicant.
9.
The names and addresses of current employees and respective dates
of employment.
10.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of the
applicant's business or the method or plan of doing such business
as the Chief of Police or License Inspector may deem proper to fulfill
the purpose of this section in the protection of the public good.
b.
All such applications shall be filed at least thirty (30) days from
the scheduled date of the activity for which an application is sought.
c.
By the filing of the application, the applicant consents to the taking
of impressions of his fingerprints and also to the taking of photographs
by the Police Department and of filing thereof with the proper Federal
and State authorities. One of the photographs shall be attached to
the application, and the other shall be attached to the license, if
granted.
[1979 Code § 5-2.8; Ord. No. 32-37 § 1]
a.
The License Inspector shall forward the application to the following
departments:
1.
Police Department.
2.
Board of Health (if the application involves a mobile retail food
establishment or other activities within the jurisdiction of the Board
of Health).
3.
Zoning Officer.
4.
Fire Prevention Bureau.
5.
Law Department.
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The Police shall make such investigation of such person and
such person's business responsibility and character as deemed necessary
for the protection of the public good. Further the Police shall examine
such place or places to determine whether such place or places are
likely to create traffic congestion or traffic hazards as a result
of the location thereof or as a result of pedestrians or operators
of motor vehicles utilizing such place or places.
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The Board of Health shall make such investigation of the application
to determine whether any applicable State statutes, regulations or
municipal ordinances or regulations pertain to the operation and determine
compliance of the operation with such statutes, regulations, or ordinances.
The Zoning Officer shall examine such application to determine compliance
with any applicable provisions of the applicable Land Use, Land Development
or Zoning Ordinance of the City as well as compliance with applicable
provisions of this Code.
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The Fire Prevention Bureau shall examine such application to
determine compliance with all applicable statutes, codes and regulations
pertaining to fire safety.
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b.
Except in the case of a mobile retail food establishment, no license
shall be issued to any transient merchant or nonprofit vendor or where
the location of any activity or activities forming a part of the applicant's
business shall be closer than fifteen (15) feet to the right-of-way
line of any street in the City.
c.
If, as a result of such investigation, the applicant's character
and business responsibility are found to be satisfactory or if it
is determined that such place or places do not create a traffic safety
hazard, the Chief of Police shall so certify in writing to the License
Inspector. Further, as a result of such investigation, the Board of
Health shall determine that the activity is not regulated by an applicable
State statute, regulation or local ordinance regulating health matters
or if so regulated, that the activity complies with all applicable
statutes, regulations or ordinances, the Board of Health shall so
certify in writing to the License Inspector. Finally, if as a result
of such investigation, the Zoning Officer shall determine that the
proposed activity complies with all applicable provisions of the zoning
code and other applicable sections of the Revised General Ordinances,
he shall so certify, in writing, to the License Inspector. The License
Inspector upon receipt of all such written certifications shall then
issue a license. The License Inspector shall keep a full record in
his office of all licenses issued. Such records shall contain the
number of the license, the date the same is issued, the nature of
the business authorized to be carried on, the amount of the license
fee, the expiration date of such license, the place where the business
may be carried on under the license and the name or names or the person
or persons authorized to carry on same.
d.
Any license issued herein for door-to-door solicitation shall prohibit
such activity before the hour of 9:00 a.m. and after 7:00 p.m.
e.
The applicant shall provide such information to the License Inspector
as necessary to demonstrate that the applicant shall, at least fifteen
(15) days before the commencement of business, have registered with
the State, and the applicant shall provide the License Inspector with
a copy of the applicant's Certificate of Authority to Collect Sales
Tax (if applicable), all in compliance with P.L. 1993 c. 274 of the
New Jersey Statutes, to the License Inspector issuing any license
hereunder.
[1979 Code §§ 5-2.9, 23-3.5; Ord. No. 32-37 § 1; Ord.
No. 52-29 § 1]
The license fee shall be $400 per license for peddler, solicitors
or transient merchants.
[1979 Code § 5-2.10; Ord. No. 32-37 § 1]
The license issued under this section shall be posted conspicuously
in the place of business named therein. In the event that such person
or persons applying for the license desire to do business in more
than one (1) place within the City, separate licenses may be issued
for each place of business. In the case of mobile retail food establishments
which utilize more than one (1) vehicle, a single license shall issue
to the applicant, with a duplicate to be posted in each vehicle used
by the applicant. The License Inspector shall issue duplicates equal
to the number of vehicles which the applicant has applied for. Every
person who is required to hold a license under this section shall
carry the same when engaged in the business for which the license
is issued. In addition, each licensee shall be required to have on
his or her person a full and complete copy of the application for
the license, any alterations, erasures or mutilations shall void the
license.
[1979 Code § 5-2.11; Ord. No. 32-37 § 1]
Other than a license issued to a nonprofit organization for the purpose of conducting door-to-door solicitation and pursuant to the provisions of subsection 4-2.6 hereof, or to a mobile retail food establishment, all licenses issued under the provisions of this chapter to a nonprofit vendor, a transient merchant or solicitor shall be valid only for a fourteen (14) day period.
Each additional fourteen (14) day period shall be the subject
of separate license. No applicant shall be issued more than four (4)
licenses in any one (1) calendar year. All other licenses issued under
the provisions of this section shall be for a period of not more than
one (1) year and shall expire each December 31st.
[1979 Code § 5-2.13; Ord. No. 32-37 § 1]
The License Inspector shall provide the Chief of Police with
a copy of all licenses and a record of any violations thereof. The
Chief of Police shall report to the License Inspector any complaints
against any person licensed under the provisions of this chapter.
The License Inspector shall keep a record of all such licenses and
of such complaints and violations.
[1979 Code § 5-4.1]
As used in this section:
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale," "barn sale," "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 such sale.
Shall include any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
[1979 Code §§ 5-4.2, 23-3.5]
[1979 Code § 5-4.3; Ord. No. 22-15 § 1; Ord. No. 57-03]
a.
A garage sale license shall be issued to any one (1) dwelling unit as defined in Section 31-2, only twice within a calendar year and no such license shall be issued for more than three (3) consecutive days. In the event a sale is canceled because of rain, the licensee shall be authorized to receive a license for additional days, on a one to one basis for any dates canceled due to rain, without any additional fee. The licensee shall notify the License Inspectors Office of the Cancellation within four (4) business days of the date of the original sale.
b.
Licenses issued under this section shall only be granted to applicants
using residential property as homeowners or tenants and to nonprofit
political, fraternal, charitable and religious organizations using
their own property or leased or hired property for purposes of this
sale.
c.
Each license issued under this section shall be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
d.
No garage sale shall be conducted within the City except during the
hours of 9:00 a.m. and 6:00 p.m. on the days for which a permit is
issued.
[1979 Code § 5-4.4; Ord. No. 26-67 § 1]
The information to be filed with the License Inspector, pursuant
to this section, shall be as follows:
a.
Name of the person, firm, group, corporation, association, or organization
conducting the sale.
b.
Name of the owner of the property on which the sale is to be conducted,
and the consent of the owner if the applicant is other than the owner.
c.
Location at which the sale is to be conducted.
d.
Number of days of the sale.
e.
Date and nature of any past sale.
f.
Relationship or connection the applicant may have had with any other
person, firm, group, organization, association or corporation conducting
the sale.
g.
Whether or not the applicant has been issued any other vendor's license
by any local, State or Federal agency.
h.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
[1979 Code § 5-4.5]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five (5) in number.
[1979 Code § 5-4.6]
One (1) single-faced sign containing not more than four (4)
square feet in total area may be placed upon a residential premises
where the sale is being conducted. No other signs are permitted either
on public or private property.
[New; Ord. No. 57-03]
The License Inspector, Code Enforcement Officer, and the Police
Department shall have concurrent jurisdiction to enforce the provisions
of this section.
[1979 Code § 5-4.7; Ord. No. 57-03]
Any person conducting any such sale without being properly licensed 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 1, Section 1-5. Each day that such sale shall continue without being duly licensed shall be considered a separate violation. Each unauthorized sign shall be considered a separate violation.
[1979 Code § 5-6.1; Ord. No. 52-29 § 1]
Every general auctioneer shall obtain a license by filing an
application as provided by this chapter. The fee for the license shall
be $75.
[1979 Code § 5-6.2]
Pursuant to State law every licensed general auctioneer, upon
the receipt or acceptance by him of any personal property for the
purpose of sale at auction and before offering the same or any part
thereof for sale at auction, shall write or cause to be written in
a book to be kept by him for that purpose, the name and address of
the person who employed him to sell such property; the name and address
of the person for whose benefit, behalf or account the property is
to be sold; the name and address of the person from whom the auctioneer
received or accepted the property; the name and address of the owner
of the property immediately prior to its receipt or acceptance; the
location with street number, if any, in which the property is to be
kept until sold or offered for sale at auction; the place and street
number, if any, in which the property is to be sold or offered for
sale at auction; a description of the property; the quantity thereof
and the distinctive markings thereon, if any; and the terms and conditions
on which the auctioneer receives or accepts the property for sale
at auction.
As used herein, the words personal property and property shall
mean any goods, wares, works of art, commodity, compound or thing,
chattels, merchandise or personal property which may be lawfully kept
or offered for sale.
Nothing herein contained shall apply to the sale of real property
at auction.
[1979 Code § 5-6.3]
Such books and entries therein shall at all reasonable times
be open to the inspection of the Mayor and the Chief of Police, the
County Prosecutor, and any other person who is authorized in writing
for that purpose by any or either of them, and who exhibits such written
authorization to the auctioneer.
[1979 Code § 5-6.4]
As provided by State law, any person who violates the requirements
of this subsection shall be guilty of a misdemeanor.
[1979 Code § 5-6.5]
Every general auctioneer shall, before a license is issued to
him, enter into a bond with sureties sufficient to be approved by
the City Attorney in the sum of $1,000 and conditioned for the due
observance of all ordinances of the City during the continuance of
his license.
[1979 Code § 5-8.1]
Shall include sales designated as insurance, bankruptcy,
mortgage, insolvent, assignees, receivers, trustees, removal or closing-out,
goods damaged by fire, smoke or water, liquidation, creditors, loss-of-lease
and forced-out-of-business. Distress sales shall also include the
sale by anyone of the goods, wares, chattels or merchandise of another
or any and all sales advertised in such manner as to reasonably convey
to the public that such sales are anticipatory to the termination,
closing, liquidation, wind-up, discontinuance, conclusion or abandonment
of the business in connection with the sale or sales, and that upon
the disposal of the stock of goods on hand, the business shall cease
and be discontinued.
[1979 Code § 5-8.2]
The application for a distress sale license shall, in addition to all the requirements of subsection 4-1.2, contain the following information:
a.
A description of the place in which the proposed sale is to be held.
b.
The nature of the occupancy of such place, whether by lease or sublease,
and the effective date of the termination of occupancy.
c.
The true name of the owner of the goods to be offered for sale.
d.
The name of the operator of the sale if the operator is other than
the true owner of the goods proposed to be sold under the license.
e.
A full and complete itemized inventory of the quantity, kind and
character of the goods to be offered for sale which shall include
a listing of all goods which have been in stock prior to the application
for the license; a listing of all goods which have been ordered and
will be placed in stock during the pendency of the sale; the place
where such stock was purchased or acquired; and if not purchased,
the manner of acquisition and the reason for the urgent and expeditious
disposal of such goods.
[1979 Code § 5-8.3]
No person shall advertise or offer for sale in the City a stock
of goods, wares or merchandise at a sale, or hold or undertake any
sale coming within the provisions of this subsection, unless he obtains
a license from the Council to conduct the sale. No licensee shall
add to and include in any distress sale any goods, wares, merchandise
or chattels other than those which are listed in the inventory filed
with the application for license.
[1979 Code §§ 5-8.4, 23-3.5; Ord. No. 52-29 § 1]
Any license granted under this section shall be issued upon
the payment of the fee set below. No license shall be renewable, nor
shall any other such license be granted to the same person for a period
of one (1) year succeeding the expiration of a previous license. A
duplicate original of the application and inventory pursuant to which
the license was granted shall be available at all times to the investigators
of the City; and the licensee shall permit such investigators to examine
all merchandise on the premises for comparison with the inventory.
|
Not exceeding 15 consecutive calendar days
|
$125
|
|
16 to 30 consecutive days
|
$175
|
[Ord. No. 54-07]
Any person who keeps or operates or proposes to establish a
kennel, pet shop, shelter or a pound shall apply to the City Clerk/License
Inspector where such establishment is located for a license entitling
him to keep or operate such establishment.
The application shall describe the premises where the establishment
is located or is proposed to be located, the purposes for which it
is to be maintained, and shall be accompanied by the written approval
of the City Clerk/License Inspector and Health Officer showing compliance
with the local and State rules and regulations governing location
of and sanitation at such establishments.
All licenses issued for a kennel, pet shop, shelter or pound
shall state the purpose for which the establishment is maintained
and all such licenses shall expire on the last day of June of each
year, and be subject to State Department of Health or the local Board
of Health after the owner has been afforded a hearing by either the
State Department or local board.
Any person holding such license shall not be required to secure
individual licenses for dogs owned by such licensee and kept at such
establishments. Such licenses shall not be transferable to another
owner or different premises.
[Ord. No. 54-07]
The annual license fee for a kennel providing accommodations
for 10 or less dogs shall be $25 and for more than 10 dogs $35. The
annual license fee for a pet shop shall be $50. No fee shall be charged
for a shelter or pound.
[Ord. No. 54-07]
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on a leash or in a crate or other
safe control.
[1]
Editor's Note: Subsection 4-6.4, Friends of Linden Animal
Shelter (FOLAS) created by Ordinance No. 54-07, was repealed in its
entirety by Ordinance No. 54-37.
[1979 Code § 5-9.1; Ord. No. 21-48 § 1]
As used in this section:
Shall mean those games commonly designated and known as bagatelle,
baseball or pin amusement games, pool tables and billiard tables,
jukeboxes and kiddie rides, music machines, amusement and entertainment
machines and devices, video game machines, and any other coin-operated
skill amusement machine or device or mechanical contrivance which
is permitted to function by the insertion of a coin, slug, token,
plate or disc or key, and is operated for amusement only, and does
not dispense any form of payoff, prize or reward.
Shall mean any person, partnership, firm, association, corporation
or any other business entity which leases, rents out or places under
any kind of arrangement, within the City, one (1) or more music machines
or devices or one (1) or more amusement or entertainment machines
or devices in a premises, or in a location owned or controlled by
another.
Shall mean the entire premises, including, without limitation,
all buildings, auxiliary buildings, structures, appurtenant structures,
walks, alleys, drives and parking facilities owned or controlled by
the operator or owner-operator.
Shall mean any person, partnership, firm, association, corporation
or any other business entity which owns or controls a premises or
a location within the City, in which any music machine or device or
any amusement or entertainment machine or device is displayed for
public patronage or is placed or kept for operation by the public.
Shall mean any person, partnership, firm, association, corporation,
or any other business entity which owns or controls a premises or
a location within the City in which any music machine or device or
any amusement or entertainment machine or device which is owned by
the person, partnership, firm, association, corporation or any other
business entity is displayed for public patronage or is placed or
kept for operation by the public.
Shall mean the license period which shall be for one (1)
full year.
Shall mean and include any building, store, market-place,
club, tavern, inn, cocktail lounge, restaurant, hotel, confectionery
store, or other place wherein the public is invited, or wherein the
public may enter.
[1979 Code § 5-9.2]
No person shall install, keep, allow or operate any automatic
coin-operated machine in any public or quasi-public place owned, rented
or controlled by the person within the limits of the City, unless
he has first secured a license from the License Inspector for the
device or devices. A separate license shall be required for each device
in use within the limits of the City. Each license shall disclose
on its face the name and address of the licensee, and a brief description
of the device licensed. The license shall be displayed in a conspicuous
place so that the same can be easily and quickly identified.
[1979 Code § 5-9.3]
An application for a license for an automatic coin-operated machine shall contain the following information in addition to the requirements of subsection 4-10.2:
a.
The name of the applicant.
b.
Whether or not he has been convicted of any crimes involving gambling
or for any violation of this section.
c.
A description of the device for which an operator's license is sought.
d.
The name and address from whom such device is to be leased, rented
or otherwise obtained.
[1979 Code § 5-9.4]
The License Inspector shall determine from an investigative
report submitted by the Chief of Police the character, moral turpitude
and fitness of the applicant. Such investigative report shall include
the findings by the Chief of Police of any conviction with regard
to any unlawful, injurious, immoral or vicious habits of the applicant
and a report as to his known associations with any person of disreputable
or harmful character as indicated by a criminal conviction of such
person, or of his frequenting places of disreputable or harmful reputation
as indicated by a criminal conviction of any such person. No license
shall be issued by the License Inspector until the Mayor and Council
are satisfied from the investigative report and the recommendation
of the Chief of Police which shall be submitted with the report that
a license should be issued.
[1979 Code § 5-9.5]
If, after a license has been issued, the License Inspector determines that the operator is unfit to retain such license by reason of the conviction of a crime, or the conviction of the violation of a City ordinance involving moral turpitude, or for any reason for which the applicant would have been denied a license as enumerated in subsection 4-10.4, or if the operator has fraudulently misrepresented facts on the application or has knowingly concealed from the Mayor and Council facts which would preclude the issuance of a license hereunder, the license shall immediately be revoked by the License Inspector after a hearing before the Mayor and Council, upon written notice to the licensee, which notice shall specify the charges upon which the proposed license revocation is based. Five (5) days' notice of the hearing shall be given to the licensee and at such hearing the licensee and his attorney may be present and submit evidence in his defense.
[1979 Code § 5-9.6; Ord. No. 21-48 § 1]
a.
No mechanical device, including music machine or amusement or entertainment
machine or device, shall be permitted on any premises located within
five hundred (500) feet of any church, school, park, or playground.
b.
The operator or owner-operator shall not permit, suffer or allow
any person to bet or gamble in any form or manner on the licensed
premises and shall prevent any immoral or illegal conduct or activity
from occurring.
c.
No person on the licensed premises shall have illegally in his possession
or under his control or offer to another any habit-forming drug nor
shall the operator or owner-operator permit, suffer or allow such
person on the licensed premises.
d.
No operator or owner-operator shall permit, suffer or allow the unlawful
sale or consumption of alcoholic beverages upon the licensed premises
unless the premises have been licensed according to the Alcoholic
Beverage Control laws and regulations.
e.
No operator or owner-operator shall permit the operation of any amusement
or entertainment machine or device during the hours in which by either
Federal, State or local statute, ordinance or regulation the licensed
premises are not open to the general public.
f.
No operator or owner-operator shall permit the operation of any amusement
or entertainment machine or device by any person under eighteen (18)
years of age during school hours and after 10:00 p.m. on the eve of
school nights, unless accompanied by his parent, legal guardian or
an adult member of his family.
g.
The operator or owner-operator shall at all times maintain good order
upon the licensed premises and shall not permit, suffer or allow any
disturbance, congestion or loitering upon the licensed premises.
h.
No music machine or device or amusement or entertainment machine
or device shall be operated in such a manner as to be heard out-of-doors.
i.
No music machine or device or amusement or entertainment machine
or device shall be permitted to cause unnecessary and unwanted noise
or commotion, nor otherwise interfere with the public health, welfare
and morals.
j.
No operator or owner-operator of any amusement device shall offer
or permit to be offered any prize or other reward to any person playing
any music machine or device or amusement or entertainment machine
or device or any other machine required to be licensed by the provisions
of this section.
k.
No music machine or device or amusement or entertainment machine
or device shall be located in a so-called "backroom" nor in any part
of the licensed premises which is not open to the general public.
l.
No licensed premises shall be without adequate sanitary facilities
nor contain any fire, safety or health hazard.
m.
Each distributor or owner-operator shall promptly report in writing
to the License Inspector any change by addition or deletion of the
information furnished on the license application and all material
attached thereto and this obligation shall be fully met during the
term of any license or the renewal thereof.
n.
No distributor or operator or owner-operator shall refuse to cooperate
fully with the License Inspector and any law enforcement officer or
agency, nor shall a distributor or operator or owner-operator refuse
access to its premises to the License Inspector nor to any member
of the Departments of Police, Fire, Health, Welfare and Housing nor
to any law enforcement officer or agency.
o.
No license issued hereunder shall be transferable from one (1) address
to another address. Nothing contained herein shall prohibit the licensee
from using the license for new devices substituted within the valid
period of the license, provided he first notifies the Mayor and Council
of such substitutions.
p.
It shall be the duty of the operator and the owner-operator to submit
the application for the license, accompanied by a detailed floor plan
showing the location of each amusement or entertainment machine or
device in relation to exit or exits of the proposed licensed premises.
Amusement machines and music machines may be placed or maintained
by distributors, operators and owner-operators in any licensed premises
according to the following schedule:
1.
One (1) amusement machine and one (1) music machine, or a total of
two (2) amusement machines or two (2) music machines, are permitted
wherein there is a minimum of two hundred (200) square feet in the
area or room in which the machines are located.
2.
Two (2) amusement machines and two (2) music machines, or a total
of four (4) amusement machines or four (4) music machines, are permitted
wherein there is a minimum of five hundred (500) square feet in the
area or room in which the machines are located.
3.
Five (5) amusement machines and five (5) music machines are permitted
wherein there is a minimum of one thousand (1,000) square feet in
the area or room in which the machines are located.
4.
For six (6) or more amusement machines and music machines, a minimum
of one hundred (100) square feet of floor space per such machine shall
be required in addition to a minimum of five thousand (5,000) square
feet in the area or room in which the machines are located, and further
the area or room shall have a minimum of fifty (50) square feet of
clear and unobstructed window space.
5.
Under no circumstances shall a number of machines be permitted that
shall exceed thirty (30%) percent of the net floor area of the licensed
premises as defined herein. The Building Subcode Official shall determine
that there is the maximum number of square feet in each prospective
licensed premises which is subject to this subsection.
[1979 Code § 5-9.6A; Ord. No. 21-48 § 1]
No distributor or operator or owner-operator shall neglect or
fail to report promptly to the Police Department and to the License
Inspector any violation of any law or ordinance occurring on the licensed
premises, nor shall any distributor or operator or owner-operator
neglect or fail to report promptly to the License Inspector any conduct
or activity prohibited by this section.
[1979 Code §§ 5-9.7, 23-3.5; Ord. No. 52-29 § 1]
The fees for distributors or owner-operator for each automatic
coin-operated machine to be licensed shall be as follows:
a.
Distributors.
1.
Music machines or devices: A fee of $60 for the license together
with a fee of $35 for each such machine or device distributed.
2.
Amusement or entertainment machines or devices (except pool or billiard
tables not operated by the insertion of a coin, slug, token, plate,
disc or key): A fee of $200 for the license, together with a fee of
$30 for each such machine or device distributed.
3.
Pool or billiard tables not operated by the insertion of a coin,
slug, token, plate, disc or key: A fee of $100 for the license together
with a fee of $30 for each such machine or device distributed.
b.
Owner-Operator.
1.
Music machines or devices owned by the owner-operator: A fee of $30
for each such machine or device operated.
2.
Amusement or entertainment machines or devices (except pool or billiard
tables not operated by the insertion of a coin, slug, token, plate,
disc or key) owned by the owner-operator: A fee of $110 for the license
and $35 for each such machine or device operated.
3.
Pool or billiard tables not operated by the insertion of a coin,
slug, token, plate, disc or key: A fee of $20 for each such table
operated.
[1979 Code § 5-5.1]
No person shall operate a retail food establishment as defined
in the Retail Food Establishment Code of New Jersey, 1965 without
first having obtained a license from the Board of Health of the City,
and paid the required license fee. The term of the license shall be
for a period of one (1) year with all licenses to expire December
31. The administration and enforcement of this section shall be by
the Board of Health.
[1979 Code § 5-5.2]
In addition to the requirements contained in Section 4-1, each application for a license under this section shall be investigated by the City Health Officer who shall promptly report his findings in writing to the Board of Health. No license shall be issued unless the Health Officer reports that the applicant conforms to all provisions of the Retail Food Establishment Code.
[1979 Code §§ 5-5.3, 23-3.5]
The fees for licenses under this section shall be as follows:
|
Permanent location
|
$25
|
|
Temporary establishments
|
$25
|
|
Vehicles, each
|
$25
|
[1979 Code § 5-5.4]
In addition to the grounds for revocation set forth in subsection 4-1.9, any license issued under this section may be suspended or revoked by the Board of Health for failure to comply with any provision of the Retail Food Establishment Code.
[1979 Code 5-10.1]
As used in this section:
Shall mean the cleaning of textiles, fabrics, garments or
other articles by the use of any solvent other than water in a dry
cleaning machine designed to be used, offered to be used or used by
the general public. The term "used by the general public" shall refer
to the insertion of such textiles, fabrics, garments or other articles
into a dry cleaning machine or the removal of same from such machine
by a person other than an employee or owner of a dry cleaning establishment.
Shall mean any place providing or offering to provide coin-operated
dry cleaning as herein defined.
Shall mean the machinery and equipment in which coin-operated
dry cleaning shall be conducted.
[1979 Code §§ 5-10.2, 23-3.5]
No person shall operate a coin-operated dry cleaning establishment
without obtaining a license. The fee for such license shall be as
follows:
|
First machine
|
$25
|
|
Each additional machine
|
$15
|
[1979 Code § 5-10.3; New]
a.
No coin-operated dry cleaning establishment shall be permitted, maintained
or offered for use by the general public unless it is under the direct
supervision of the owner, or an employee of the owner, of the establishment.
The person charged with having direct supervision shall be of full
age and shall be present on the premises at all times during which
the same are in operation.
b.
No coin-operated dry cleaning machine shall be permitted to be used
by any person who is less than sixteen (16) years of age.
c.
All coin-operated dry cleaning machines shall be fitted with a device
which prevents the opening of the door of any such machine while the
machine is in operation and until all solvent vapors have been removed
from any textile, fabric, garment or other article and from the drum
in which the same may be placed.
d.
Each coin-operated dry cleaning machine shall be provided with an
exhaust which shall terminate to the outer air in the following manner:
1.
At least seven (7) feet above the roof of the premises in which the
machine is located or higher than the roof of adjoining buildings,
whichever is the greatest height.
2.
All exhausts shall be under static pressure by reason of a mechanical
fan.
3.
The terminal of any exhaust shall be at least five (5) feet from
any window or ventilating opening if such window or ventilating opening
lies on the same plane as the exhaust terminal; when the window or
other ventilating opening lies on plane which faces in the direction
of the exhaust terminal, such terminal shall be at least ten (10)
feet away from the same.
4.
All direct equipment exhausts or vents shall be provided with mesh
line arrestors which shall be kept clean unless lint traps are provided
on the dry cleaning units.
e.
In the event that perchlorethylene or any chlorinated hydrocarbon
is a component part of any solvent used in a coin-operated dry cleaning
machine, then such dry cleaning machine may not be used if the odor
of perchlorethylene or any chlorinated hydrocarbon is masked or altered
in any fashion and if the concentrations of solvent vapor of such
perchlorethylene or chlorinated hydrocarbon is greater than two hundred
(200) parts of such vapor to one million (1,000,000) parts of air
at any time and anywhere in the establishment in which such coin-operated
dry cleaning machines are in use.
f.
No coin-operated dry cleaning machine may be used unless it is provided
with gutters or dikes leading to a receptacle or device of sufficient
size and capacity to accept all solvent contained in the coin-operated
dry cleaning machines in the establishment. The gutters or dikes shall
be so arranged as to cause solvent to drain into such receptacle or
device by means of gravity flow and the gutters, dikes, receptacle
and device shall be arranged and located so as not to be open to the
public.
g.
No coin-operated dry cleaning machine may be located within ten (10)
feet of any gas-fired dryer or similar gas-fired device.
h.
In any coin-operated dry cleaning establishment, solvent storage
tanks, power boxes and other sources of danger shall be so situated
as to be inaccessible to the general public.
i.
No sewage, effluent or waste of any kind shall be permitted to enter
the sewage system of the City unless it meets the requirements of
the City.
j.
No coin-operated dry cleaning establishment shall be connected to
the sewage system of the City without a permit being first obtained
from the Linden-Roselle Sewerage Authority for such connection.
k.
All coin-operated dry cleaning establishments shall comply with all
ordinances of the City and of its Board of Health, as well as with
all laws of the State of New Jersey and the rules and regulations
of all governmental agencies having authority and jurisdiction in
the premises.
l.
All coin-operated dry cleaning establishments shall have front and
rear exits.
[1979 Code § 5-11.1]
As used in this section:
Shall mean any place of business operated for the purpose
of washing or drying clothes or other washable materials where the
work is done by the customers themselves in machines located on the
premises, whether coin-operated or otherwise. The term shall include
such establishments as "launderettes," "laundromats," "washomats"
and other establishments with similar names, except that coin-operated
washers and dryers provided for the convenience of tenants in apartment
houses shall not be included.
[1979 Code §§ 5-11.2, 23-3.5; Ord. No. 52-29 § 1]
No person shall operate a self-service laundry in the City without
obtaining a license. The fee for such license shall be as follows:
|
Up to 20 machines
|
$50
|
|
Each additional machine
|
$5
|
[1979 Code § 5-11.3]
In addition to conforming to all health ordinances and regulations
of general application, all self-service laundries shall be operated
in accordance with the following regulations:
a.
The entire premises devoted to the operation of the laundry, including
all machines used in connection with it, shall be kept in a clean
and sanitary condition at all times. The walls and floors shall be
covered with an easily cleaned, impervious material and shall be kept
clean and dry. The premises shall be adequately lighted and ventilated.
b.
No machinery used in connection with a self-service laundry shall
be operated in such a manner as to cause any unreasonable noise or
vibration.
c.
No equipment using exhaust or other circulation systems shall have
vents or openings constructed or located so as to permit heat, lint,
gas, fumes or other material to be directed upon neighboring properties.
d.
All parts of the premises to which the public has access shall be
clearly visible from the street.
e.
The owner or operator of the premises shall be responsible for maintaining
good order among the patrons, and shall be responsible for any disorder
which may result from the lack of a supervising attendant upon the
premises during hours of operation.
f.
All articles of clothing containing bodily excrement or discharges
shall be placed as quickly as possible in machines designated for
that purpose. These machines shall be conspicuously marked and shall
not be used for any other purpose.
g.
All premises shall be constructed with gutters in front of or behind
the machines leading to drain takes of sufficient size to contain
the flow of water in the event of connection breaks or machine breakdown.
h.
No self-service laundry shall be open for business between the hours
of 10:00 p.m. and 7:00 a.m. unless a responsible employee of the licensee
over the age of eighteen (18) is in continuous attendance. Where no
attendant is provided, the self-service laundry shall be closed in
accordance with this paragraph; however, machines started before 10:00
p.m. may continue in operation until the cycle is completed.
i.
Where an attendant is not on continuous duty, there shall be conspicuously
posted a telephone number where notice may be given in case of machine
breakdown or some other emergency.
j.
Machines which break down shall be either repaired or removed from
the premises as quickly as possible.
k.
These regulations shall be posted in a conspicuous place on the premises
of each laundry.
[1979 Code § 5-11.4]
The operation of any self-service laundry in violation of this
section shall be a nuisance.
[1979 Code §§ 5-12.1, 23-3.5; Ord. No. 52-29 § 1]
The license fee below shall be paid at the time the license
is issued. Licenses shall run for a period of one (1) year from the
date of issuance.
|
First alley
|
$150
|
|
Each additional alley
|
$20
|
[1979 Code § 5-13]
Pursuant to the provisions of N.J.S.A. 5:8-50 et seq., and N.J.S.A.
5:8-31, licenses may be issued for the holding, operating and conducting
of certain games of chance as set forth in the statutes referred to
herein, within the City on the first day of the week, commonly known
and designated as Sunday, during the hours of 2:00 p.m. to 11:00 p.m.,
in addition to every other day of the week.
[1979 Code § 5-7.1]
No person shall produce or exhibit any circus or carnival, or
similar public exhibition, in the City without first having obtained
a permit from the License Inspector, who shall only issue a permit
after it has been approved by the City Council.
[1979 Code § 5-7.2]
Any person desiring to conduct any circus or carnival, or similar
public exhibition, in the City, shall make application in writing
to the Council at least one (1) month before the time the circus,
carnival or similar public exhibition is proposed to be held or conducted,
for a permit to hold, conduct or participate in any circus, carnival
or similar public exhibition. The application shall state the date
and place when and where the circus, carnival or similar public exhibition
is desired to be held or conducted, the names and addresses of the
officers intending to be in authority and control of such circus,
carnival or similar public exhibition, and shall also give such other
information concerning the same as may be required by the Council.
[New; Ord. No. 52-29 § 1]
The applicant shall deliver to the City sufficient evidence
of an insurance policy with liability limits not less than $2,000,000
covering and providing for the indemnification for any injury to any
person who may attend these circus, carnival or similar exhibition.
The applicant shall further execute a power of attorney designating
the License Inspector of the City of Linden as his agent for acceptance
of the service of process in any civil suit or proceeding by any resident
of the State of New Jersey against the applicant in any way relating
to the operation of the circus, carnival or similar public exhibition,
for any injury or damages sustained as a result thereof.
[1979 Code § 5-7.4]
Upon receiving written application together with surety bond,
power of attorney and license fee, the Council shall grant or refuse
the applicant a permit for the holding or conducting of a circus,
carnival or similar public exhibition, as the Council deems best for
the welfare, peace, quiet and good order of the City. The Council
may grant such permit upon any other additional conditions or regulations
it may see fit to impose, including the stationing of a regular or
special Policeman or Policemen to maintain order, the cost of which
shall be paid by the person making the application, regulating the
sale or giving away of any form of refreshment or the playing of any
games, or restricting the hours during which such public entertainment
as herein specified may be held.
[1979 Code §§ 5-7.5, 23-3.5; Ord. No. 45-61 § 1; Ord.
No. 52-29 § 1]
The fee as set forth below shall accompany the application to
hold any circus, carnival or similar public exhibition, which sum
shall become the property of the City upon the granting of the permit.
No application shall be considered unless accompanied by this fee.
a.
Carnivals, circuses, per day $200, except if the carnival or circus
is produced or exhibited by a not-for-profit organization, in which
event there shall be a flat fee of $200 per carnival or circus or
similar public exhibition.
[1979 Code § 4-7.1]
No person shall engage in, form or start any parade in the City
without obtaining a permit from the Chief of Police. For the purpose
of this section, a parade shall mean any assemblage of ten (10) or
more persons engaged in an organized procession of any duration along
a public sidewalk, street or highway, following a certain route, whether
predetermined or not.
[1979 Code § 4-7.2]
This section shall not apply to:
[1979 Code §§ 4-7.3, 23-3.5; Ord. No. 52-29 § 1]
A person seeking issuance of a parade permit shall file an application
as follows with the Chief of Police on forms provided by such officer.
a.
Filing Period. An application for a parade permit shall be filed
with the Chief of Police not less than five (5) days nor more than
ten (10) days before the date on which it is proposed to conduct the
parade.
b.
Contents. The application for a parade permit shall set forth the
following information:
1.
The name, address and telephone number of the person who shall be
the parade chairman and be responsible for its conduct.
2.
If the parade is proposed to be conducted for, on behalf of, or by
an organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible head of
such organization.
3.
The date when the parade is to be conducted.
4.
The route to be traveled, the starting point and the termination
point.
5.
The approximate number of persons who, and animals and vehicles which,
will constitute such parade; the type of animals and description of
the vehicles.
6.
The hours when such parade will start and terminate.
7.
The location by streets of any assembly areas for such parade.
8.
Any additional information which the Chief of Police shall find reasonably
necessary for a fair determination as to whether a permit should be
issued.
c.
Late Applications. The Chief of Police, where good cause is shown,
shall have the authority to consider any application hereunder which
is filed less than five (5) days before the date the parade is proposed
to be conducted.
[1979 Code § 4-7.4]
The Chief of Police shall act upon the application for a parade
permit within three (3) days after the filing thereof in one (1) of
the following manners:
a.
Notice of Rejection. If the Chief of Police disapproves the application,
he shall mail to the applicant within three (3) days after the date
upon which the application was filed, a notice of his action, stating
the reasons for his denial of the permit.
b.
Alternative Permit. The Chief of Police, in denying an application
for a parade permit, shall be empowered to authorize the conduct of
the parade on a date, at a time or over a route different from that
named by the applicant. An applicant desiring to accept an alternate
permit shall, within one (1) day after the notice of the action of
the Chief of Police, file a written notice of acceptance with the
Chief of Police. An alternate parade permit shall conform to the requirements
and have the effect of a parade permit under this section.
[1979 Code § 4-7.5]
A permittee hereunder shall comply with all permit directions
and conditions with all applicable laws and ordinances. The parade
chairman or other person heading or leading such activity shall carry
the parade permit upon his person during the conduct of the parade.
[1979 Code § 4-7.6]
a.
Interference. No person shall unreasonably hamper, obstruct, impede
or interfere with any parade or parade assembly, or with any person,
vehicle or animal participating or used in a parade.
b.
Driving though Parades. No driver of a vehicle shall drive between
the vehicles or persons comprising a parade when such vehicles or
persons are in motion and are conspicuously designated as a parade.
c.
Parking on Parade Route. The Chief of Police shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of
vehicles along a highway or part thereof constituting a part of the
route of a parade. The Chief of Police shall post signs to this effect
and no person shall park or leave unattended any vehicle in violation
thereof.
[1979 Code § 5-14.1]
As used in this section:
Shall be synonymous with trailer camp and shall mean any
place where a trailer or mobile house unit may be parked for longer
than three (3) hours, other than in a closed building.
Shall mean any vehicle used or constructed to be used as
a conveyance upon public streets, whether self-propelled or otherwise,
and designed so as to permit the occupancy thereof as a dwelling or
sleeping place.
[1979 Code § 5-14.2]
No person shall conduct or carry on the business of operating
a trailer camp or trailer court or work in, occupy, or directly or
indirectly in any manner whatsoever utilize any place or premises
in which is conducted or carried on a trailer court, unless first
obtaining a license from the City Council.
[1979 Code § 5-14.3]
An application for a license shall include, in addition to the requirements of subsection 4-1.2, the following information:
a.
Name and address of the owner of the premises upon which the business
is to be conducted.
b.
A description of the premises with a diagram of the same which shall
designate the location of the trailers existing on the premises at
the time the application is made.
c.
A detailed description of the sewer, water and toilet facilities
provided.
d.
The maximum number of trailers to be accommodated on the premises.
e.
The exact number of trailers existing on the premises at the time
the application is made.
[1979 Code §§ 5-14.4, 23-3.5; Ord. No. 19-227 § 1]
The license fee for a trailer court shall be as set forth below. The sum of $100 shall be payable in advance each year. The fee per trailer or mobile house unit shall be payable monthly, at which time a trailer court registry, which may be an abstract of the register as described in subsection 4-23.5k, shall be delivered in triplicate to the License Inspector who shall retain one in his records, deliver one to the Police Department and the other to the City Treasurer's office.
|
Trailer courts
|
$100
|
|
Each trailer or mobile house unit, additional, per calendar
week
|
$2.50
|
|
Each trailer or mobile house unit parked 3 days or less
|
$1.50
|
[1979 Code § 5-14.5]
a.
No person shall park a trailer for any period exceeding three (3)
hours on any street in the City, or park a trailer on any premises
within the City except for the purpose of repair or storage. If any
person desires to repair or store a trailer other than in a licensed
location, he shall obtain a permit from the Council. Such permit shall
be granted upon request without fee and shall be valid for a period
of ten (10) days, and may for good cause shown be renewed for further
ten (10)-day periods as necessity requires. Any trailer undergoing
repairs or being stored shall not be used as a dwelling or sleeping
place.
b.
Every trailer court shall be laid out, maintained and arranged so
as to provide a minimum space eighteen (18) feet wide and thirty-five
(35) feet long for each trailer. Trailers shall be arranged in rows
abutting or facing on a driveway or clear, unoccupied space of not
less than fifteen (15) feet in width, leaving and providing unobstructed
access to a public street, alley way or lane connected with a public
street.
c.
A license for a trailer court shall be issued only for a location
where trailer courts are permitted under the zoning regulations.
d.
Every trailer court shall be established and located upon a well-drained
area and the premises shall be properly graded so as to prevent the
accumulation of storm or casual waters.
e.
Every trailer court shall provide an adequate supply of pure water
for drinking and domestic purposes. The water supply shall be obtainable
from faucets conveniently located and no dipping vessels or common
cups shall be permitted.
f.
Every trailer court, the grounds thereof, the toilets, baths, showers,
lighting, sewage and drainage systems shall be maintained in a clean
and sanitary condition and all the equipment and facilities thereof
shall be kept in a good state of repair.
g.
Every trailer court shall be provided with at least one (1) sink,
one (1) water closet and one (1) bath or shower for every group of
fifteen (15) males and for every group of males in excess of fifteen
(15) and the facilities shall be distinctly marked For Men. The same
number of facilities shall be provided for females and shall be distinctly
marked For Women. The facilities for the males shall be separated
from the facilities for the females.
h.
Adequate garbage receptacles with close-fitting metal covers for
refuse and rubbish shall be placed in the trailer court and shall
at all times be maintained in a clean and sanitary condition to permit
the keeping of the premises clean, sanitary and free of garbage and
rubbish.
i.
No waste water or material from sinks, baths, showers or other plumbing
fixtures in any trailer court shall be permitted to be disposed of
upon the surface of the ground, and all such fixtures shall be connected
with the sewer system of the City or in the alternative the drainage
therefrom shall be disposed of in a manner satisfactory to the Board
of Health.
j.
Every trailer court shall be provided with means of lighting the
exterior premises and the facilities used in common by the occupants
of the trailer courts, and such facilities shall be kept lighted during
the hours of darkness.
k.
Every licensee shall keep and maintain or cause to be kept and maintained
a register in which shall be written the true name and address of
each and every guest, the date of registration, the date of occupancy
and the number of the trailer court space occupied by such guest.
Such registration shall be signed by the person renting the trailer
court space or by someone under his direction. The licensee or his
agent shall write opposite each name the space assigned in the trailer
court or the number of the unit assigned in the court to such guest
and the license number of any motor vehicle, including the state issuing
such license number, then being used or operated by such guest. The
register shall be available for inspection to the Police authorities,
License Inspector and the Board of Health.
l.
No person shall permit any licensed premises to be used for immoral
purposes or allow the violation thereon or therein of any penal law
or of any ordinance of the City.
m.
A trailer court business and the premises where the same is conducted
shall be subject to examination and inspection at all times by the
Council, the License Inspector and the Police, Fire and Health authorities
of the City.
[1979 Code § 5-15.1; Ord. No. 20-175 § 1]
No person shall operate, conduct or maintain or engage in operating,
conducting or maintaining the business of dealing in secondhand motor
vehicles and parts thereof within the limits of the City without having
first obtained a license.
The expiration date of the license shall coincide with the date
of expiration of State of New Jersey license.
[1979 Code §§ 5-15.2, 23-3.5; Ord. No. 52-29 § 1]
The fee for a license issued for the business of dealing in
secondhand motor vehicles shall be as follows:
|
Secondhand car lots
|
$250
|
|
Secondhand cars sold in conjunction with the operation of a
gasoline station
|
$300
|
[1979 Code § 5-15.3]
An application for a license shall include, in addition to the requirements of subsection 4-1.2, the following information:
a.
The exact location and extent of the premises wherein such business
shall be conducted.
b.
The name and address of the owner of the premises.
c.
In the instance of a firm or corporation, the names and addresses
of the persons constituting such firm or the officers of such corporation.
d.
The name and address of the person in charge of such premises and
any other pertinent information and data relating to or concerning
the location and situation of the premises.
[1979 Code § 5-15.4; Ord. No. 20-175 § 1]
a.
The licensed premises shall be maintained in a safe, clean, sanitary
and sightly condition and shall not be permitted to emit any offensive
odors or noises.
b.
All motor vehicles stored upon the lot shall be in operating condition
and movable under their own power. All stored vehicles shall meet
the minimum standards set forth governing motor vehicles by the statutes
of the State of New Jersey and the directives, rules and regulations
of the Division of Motor Vehicles of the State of New Jersey.
c.
No motor vehicles and parts thereof shall be stored nearer than five
(5) feet to any property line, and all motor vehicles shall be stored
in such a manner as to leave a minimum cleared space of four (4) feet
between any two (2) motor vehicles.
d.
No sale of secondhand cars shall be permitted on any property unless
the property is located in a zone which would permit the sale of secondhand
cars in accordance with the zoning regulations of the City.
[1979 Code § 5-15.5; Ord. No. 20-175 § 1]
The provisions of this section shall comply with all laws of
the City of Linden, the State of New Jersey, and all rules and regulations
of the Division of Motor Vehicles pertaining to the sale of secondhand
motor vehicles.
[1979 Code § 5-16.3; New]
a.
To act as a theft deterrent, bicycles shall be registered with the
License Inspector.
b.
Applications for registration of bicycles shall be made in writing
on forms provided by the License Inspector.
c.
Fees. The fee for each bicycle registration shall be as established
by the City Council. The applicant shall be the owner of the bicycle.
d.
Licenses from Other Municipalities in the State. A bicycle that has
been licensed by any other municipality of the State of New Jersey
shall be considered licensed, provided such license is current.
e.
Safety and Familiarity with Law. The applicant shall demonstrate
to the License Inspector or other authorized person that the bicycle
is in a safe mechanical condition and that the applicant is capable
of operating it safely and is familiar with the traffic laws of the
State of New Jersey relative to the operation and equipment of such
bicycle, as well as such rules and regulations as the Police Department
may promulgate with the approval of the Council concerning the operation,
equipment, maintenance, and use of such bicycles.
[1979 Code § 5-17.1]
As used in this section:
Shall mean the teenage dance hall, together with the entire
premises on which the hall is located and, except where inconsistent
with the context, parking facilities used in connection therewith,
and the sidewalks abutting any of the foregoing.
Shall mean the person to whom a license to operate a teenage
dance hall is issued and shall include the manager or agent in charge
or control of the licensed premises and, where the context so requires,
any agent, servant or employee of the licensee.
Shall mean any room, hall, building, place or location of
assemblage for persons from fourteen (14) through nineteen (19) years
of age where dancing is carried on and to which an admission charge
is made by payment of a fee, or by the purchase, possession or presentation
of a ticket or token, or by any other device, and which is conducted
as a place of business for profit.
[1979 Code §§ 5-17.2, 23-3.5]
No person shall conduct or engage in the business of operating
a teenage dance hall within the City without having first obtained
a license to do so and without the license being in force and not
suspended or revoked. An annual license fee of $500 shall be paid
to the City and such license shall expire twelve (12) months from
the date of issuance of each year. Not more than two (2) such licenses
shall be issued and outstanding within the City, and no such license
shall be transferred by the person to whom it is issued to any other
person.
[1979 Code § 5-17.3]
Any person desiring to obtain a license to conduct or engage in the business of operating a teenage dance hall shall make application in triplicate to the City Clerk for approval by the City Council. In addition to the requirements of subsection 4-1.2 of this chapter, the application shall contain the following information:
a.
The name, home address and business address, if any, and home and
business telephone numbers of the owner of the premises, if such owner
is a person other than the applicant.
b.
The name, home address and home telephone number of the manager or
other agent of the applicant, if any, who shall be in charge of the
licensed premises.
c.
The capacity, stated in number of persons, of the teenage dance hall
for which the license is sought, and the location and capacity, stated
in number of cars, of the off-street parking facilities to serve the
teenage dance hall.
d.
The minimum number of employees who will be on duty at any time in
solely a security or policing capacity.
e.
The amount charged for admission and the manner in which the charge
shall be made, whether by fee, ticket, token or other device.
f.
The amount, if any, charged for parking and the rate of such charge.
g.
The items of commerce that will be available for purchase on the
licensed premises and the charge that will be made for each such item.
h.
Whether any minimum purchase will be required over and above the
amount of the admission, and the amount of such minimum purchase,
if any.
|
The application shall be accompanied by a plat or drawing of
the premises, in triplicate, drawn to scale, showing its location
and size; the location and size of entrances and exits; the location
and size of the hall, building or place where dancing will be conducted
together with the location and size of the dance floor itself, any
bandstand or similar area, any service area; the number and location
of tables, and the number of chairs provided at tables or elsewhere
in the dance hall itself; the location and number of toilet facilities;
the number, size and location of off-street parking spaces to serve
the teenage dance hall; and such other data or information as may
be necessary or helpful to show compliance with all the requirements
of this section or with other pertinent regulations or laws of the
City or State of New Jersey.
|
[1979 Code § 5-17.4]
The City Clerk shall promptly forward the application and accompanying
materials to the Chief of Police, Fire Chief, Health Officer and Building
Subcode Official for investigation and report. The application, accompanying
materials and investigative reports shall be forwarded to the City
Council who, in accordance with the standards set forth herein, may
grant or refuse the license. If the City Council grants the license,
the City Clerk shall issue the license upon payment of the license
fee. The City Council shall satisfy itself that the applicant and
the manager or other agent of the applicant, if any, are persons of
good moral character and capable of operating the proposed teenage
dance hall in a manner consistent with public safety, good morals
and the general welfare of the City; that the operation of the proposed
teenage dance hall will not present a traffic hazard and will not
unnecessarily expose teenagers coming to the licensed premises on
foot to the danger of traffic; that the applicant has sufficient contiguous
off-street parking facilities in relation to the capacity of the dance
hall or that sufficient off-street parking facilities are available
within a reasonable distance of the licensed premises; that the operation
of the teenage dance hall will not unnecessarily interfere with the
enjoyment of property in the area by the owners thereof; that the
charges made for admission and for items of commerce sold on the premises
will not represent an unwarranted financial exploitation of teenage
patrons; and that all the requirements of this section and the applicable
provisions of all other pertinent regulations and laws have been fully
complied with.
No license shall be granted or renewed unless the licensee meets
the standards set forth in this section and complies with all the
applicable regulations and laws, and in no event shall the license
or any renewal thereof become effective until it has been approved
by the City Council and the license fee paid. On an application for
renewal the same investigative reports shall be required as for an
original application and the City Council shall grant the renewal
upon satisfying itself that the applicant has complied with the standards
set forth herein.
[1979 Code § 5-17.5]
a.
Hours of Operation. The licensee may operate the licensed premises
on Friday, Saturday and Sunday, between the hours of 2:00 p.m. and
5:30 p.m., and between the hours of 8:00 p.m. and 11:30 p.m. on Friday
and Saturday.
b.
Persons Excluded. The licensee shall not permit any person who is
less than fourteen (14) years of age or more than nineteen (19) years
of age, except employees, or any intoxicated or disorderly person,
to be admitted to the licensed premises or to remain therein.
c.
Readmittance. The licensee shall not permit any person who, after
paying the admission charge, has been admitted to the licensed premises
and has left the premises, to be readmitted at any time prior to the
next succeeding period, either daytime or evening, when the licensed
premises are open for business.
d.
Good Order. The licensee shall maintain good order in the teenage
dance hall, upon the entire licensed premises, and in any off-street
parking facility used in connection therewith, and shall not permit
loitering in or about the entrances, exits, sidewalks or any other
portion of the licensed premises.
e.
Betting or Gambling Prohibited. The licensee shall not permit any
person to bet or gamble in any form or manner at or in the licensed
premises.
f.
Habit-Forming Drugs and Intoxicating Liquors. No person on the licensed
premises shall have in his possession or under his control, or offer
to another, any habit-forming drug or intoxicating liquor, nor shall
the licensee permit such person to be on the licensed premises. No
license hereunder shall be granted covering premises licensed to serve
intoxicating liquors.
g.
Employees and Attendants. At all times during business hours, the
licensee shall provide an adequate number of qualified security officers
continuously on duty who shall patrol the licensed premises, parking
lot, entrances and exits to see that order is maintained, that disorderly
or immoral conduct is prevented, that the licensed premises and its
entrances and exists are kept free from congestion and loitering,
and that the provisions of this section and all other applicable regulations
and laws are complied with. All such security officers and all other
persons employed in any capacity in or at the licensed premises, exclusive
of performing musicians, shall be at least eighteen (18) years of
age.
h.
Commercial Activity. No items of commerce shall be sold or offered
for sale on the licensed premises except nonalcoholic beverages, confections
or food prepared for service upon the premises.
i.
Type of Music Permitted. Only live music produced by musicians performing
at the time shall be permitted on the licensed premises.
j.
Noise. No loudspeaker or public address system, or any other manual,
mechanical or electrical means or devices for amplifying sound, shall
at any time be used or permitted to be used on the licensed premises
so as to be heard out of doors. Any loud, unnecessary, annoying, offensive
or raucous noise which disturbs the public peace, emitted by or emanating
from the licensed premises, is hereby declared to be a nuisance and
detrimental to the public health and general welfare, and shall be
prohibited.
k.
Lighting in the Off-Street Parking Facility. The off-street parking
facility used in connection with the teenage dance hall shall be lighted
in conformance with directions of the Police Department.
[1979 Code § 5-17.6]
When the operation of any teenage dance hall, or the conduct
of any licensee, agent or employee, is so inimical to the public health,
morals, safety or general welfare as to give rise to an emergency
or to constitute a nuisance, the Chief of Police shall have the authority
to summarily order the cessation and the closing of the licensed premises
or to suspend the license; or the City Council, after hearing, upon
a showing of good cause for so doing, may revoke any license issued
hereunder. During such suspension and after any such license shall
have been revoked, the license shall be inoperative and of no effect.
[1979 Code §§ 5-18.2, 23-3.5; Ord. No. 51-61 § 1]
The fee for an annual license for the period January 1 through
December 31 of each year shall be $100 per screen. The licensee shall
insure that a renewal license is obtained prior to the expiration
of the existing license.
[1979 Code §§ 5-19.2, 23-3.5; Ord. No. 19-277 § 1; Ord. No. 52-29 § 1]
The fee for a license issued for the operation of a motel or
hotel shall be as follows:
Motels or Hotels
|
Annual fee
|
$200
|
|
Each unit
|
$10 (additional)
|
[1979 Code § 5-20.1; Ord. No. 20-109 § 1]
As used in this section:
Shall mean any person, partnership or corporation, who, through
any means, buys or sells second-hand gold, silver, precious metals
or jewelry, and includes anyone advertising the purchase or sale of
any of the aforementioned items.
Shall mean any person under the age of eighteen (18) years.
[1979 Code §§ 5-20.2, 23-3.5; Ord. No. 20-109 § 2; Ord. No. 52-29 § 1]
Each dealer conducting business within the City shall first
register with the Chief of Police, who shall investigate the applicant,
and shall obtain a license from the License Inspector by paying a
fee of $100.
[1979 Code § 5-20.3; Ord. No. 20-109 § 3]
Each dealer shall maintain a complete record of each purchase
and sale including the amount paid, indicating the name, residence,
occupation, age and description of the person from whom the items
were purchased, received or sold. These records shall be subject to
the inspection of any authorized Police Officer of the City.
[1979 Code § 5-20.4; Ord. No. 20-109 § 4]
Each dealer doing business in the City shall deliver to the
Chief of Police the description of all items purchased, received,
or sold, within seventy-two (72) hours of the completion of the transaction,
on forms prescribed by the Chief of Police.
[1979 Code § 5-20.5; Ord. No. 20-109 § 5]
No dealer shall sell, melt, change the form of or dispose of
any articles purchased or received within five (5) days from the date
the notification is made to the Chief of Police and all such items
shall remain on the premises where the purchase was made for at least
five (5) days.
[1979 Code § 5-20.6; Ord. No. 20-109 § 6]
Each dealer must require identification of the person with whom
it is transacting business and no transaction may be made with any
minor, as hereinabove defined.
[1979 Code § 5-20.7; Ord. No. 20-109 § 7; New]
[1979 Code § 5-21.1; Ord. No. 25-25 § 1]
No person shall manage, conduct, operate or carry on the business
of automotive gasoline stations and automotive repair stations without
first having obtained a license as hereinafter provided. All gasoline
pumps, tanks or other containers for which permits or licenses have
been heretofore granted shall be and become subject to the terms of
this section and amendments thereto, and persons to whom licenses
have been granted shall forthwith apply for a license under the terms
and provisions of this section.
[1979 Code § 5-21.2; Ord. No. 25-25 § 1; Ord. No. 26-18 § 1]
All licenses issued under this section shall terminate on the
31st day of December following the date of issuance, however, holders
of such license may have it suspended or revoked if found to be in
violation of the standards for issuance of the license. A renewal
of a license, where a license has previously been granted, shall be
issued by the license department and no renewal shall be refused unless
it appears that the applicant for the renewal is conducting the station
in such a manner as to be dangerous or detrimental to the public health,
safety or welfare or otherwise is violating a City regulation and
then only after notice as provided for compliance to such ordinances.
[1979 Code § 5-21.3; Ord. No. 25-25 § 1]
No license granted under the provisions of this section shall
be assigned or transferred to any other person, firm or corporation,
nor shall any such license authorize any person, firm or corporation
other than the licensee named therein to do business or act under
such license at the location specified.
[1979 Code § 5-21.4; Ord. No. 25-25 § 1]
The license application shall be reviewed by the Building Subcode
Official, Zoning Officer and Fire Protection Subcode Official/Fire
Prevention Bureau before being issued. License to be issued by the
License Inspector.
[1979 Code § 5-21.5; Ord. No.
25-25 § 1; Ord. No. 52-29 § 1]
The fee for a license issued for the operation of an automotive
gasoline station and automotive repair station shall be as follows:
|
Automotive service station
|
$100
|
|
Automotive repair station
|
$150
|
[1979 Code § 23-3.5; Ord. No. 52-29 § 1]
a.
Operation of sound trucks: $20/day
[1]
Editor's Note: Former Section 4-34 Police Alarm Systems, previously
codified herein and containing portions of 1979 Code §§ 15-1 — 15-10,
was repealed in its entirety by Ordinance No. 56-11.
[1]
Editor's Note: Prior ordinance history includes portions of 1979 Code §§ 7-1, 7-2.1 — 7-2.8, 7-3.1 — 7-3.6, 7-4.1 — 7-4.6, 23-3.5 and Ordinance Nos. 20-181, 27-41, 28-41, 37-34, 47-63, 50-7, 52-29.
[2]
Editor's Note: The general power to license and prescribe
license fees is contained in N.J.S.A. 40:52-1 et seq. Licensing is
also a part of the general Police power granted by N.J.S.A. 40:48-1
et seq. Taxicabs must also comply with the requirements of N.J.S.A.
48:16-1 et seq.
[Ord. No. 53-51 § 1; Ord. No. 60-27]
A "City certificate of public convenience and necessity"
issued by the Licensing Division authorizes the holder thereof to
conduct a taxicab business in the City, except as otherwise provided
in this section.
Shall mean a license issued by the License Inspector for
each vehicle operated under a City certificate of public convenience
and necessity.
Shall mean the driving of a taxicab on the streets, alleys
or public places of the City, at a slow rate of speed for the obvious
purpose of searching for or soliciting prospective passengers for
hire.
Shall mean a public place alongside the curb of a street
or elsewhere in the City, which has been designated by the License
Division as reserved exclusively for the use of certain taxicabs.
Shall mean the permission granted by the License Inspector
to a person to drive a taxicab upon the streets of the City.
Shall mean a person to whom a certificate of public convenience
and necessity has been issued.
Shall mean the City Clerk.
Shall mean a daily record prepared by a taxicab driver of
all trips made by such driver, showing time and place of origin, destination,
number of passengers and the amount of fare of each trip.
Shall mean a license issued by the License Inspector for
each volume operated under a certificate.
Shall mean and include an individual, a corporation or other
legal entity, a partnership and any unincorporated association.
Shall mean a card issued by the License Inspector for display
in each taxicab which contains the rate of fare then in force.
Shall mean a motor vehicle engaged in the business of carrying
passengers for hire, having a seating capacity of four persons and
not operated on a fixed route.
Shall mean a license issued to one who is engaged in the
dispatching of taxicabs at various times to various destinations upon
the request of the public.
Shall mean the time when a taxicab is not in motion from
the time of acceptance of a passenger or passengers to the time of
discharge, but does not include any time that the taxicab is not in
motion if due to any cause other than the request, act or fault of
a passenger or passengers.
Shall mean a map showing the City by streets and the fare
zones, with the amount of the fare for each zone shown thereon, which
map shall be in each cab and must be produced upon demand.
[Ord. No. 53-51 § 1]
An application for a certificate shall be filed with the Central
License Bureau upon forms provided by the City; and such application
shall be verified under oath and shall furnish the following information:
a.
The name and address of the applicant.
b.
The financial status of the applicant, including the amounts of all
unpaid judgments against the applicant and the nature of the transaction
or acts giving rise to such judgments.
c.
The experience of the applicant in the transportation of passengers.
d.
Any facts which the applicant believes tend to prove that public
convenience and necessity require the granting of a certificate.
e.
The number of vehicles to be operated or controlled by the applicant,
and the location of proposed designated taxi stands.
f.
The color scheme or insignia to be used to designate the vehicle
or vehicles of the applicant.
[Ord. No. 53-51, § 1]
a.
Upon the filing of an application, the License Inspector shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by posting a notice of such hearing in the Union County Local Source at least seven (7) days prior to such hearing, which notice shall be at the expense of the applicant. Any interested person may file with the license inspector a memorandum in support of or opposition to the issuance of a certificate. The procedure set forth in this subsection and subsection 4-35.4 shall not apply to any license in existence as of the date of the final adoption of the ordinance[1] codified in this section.
b.
In no event, however, shall the approval or denial of an application
be considered final until the Governing Body has confirmed the decision
of the License Inspector as to approval or disapproval, and the Governing
Body may, after considering the report of the License Inspector, act
upon his or her recommendation without a public hearing, or he or
she may order another public hearing to be held thereon. Notice shall
be given in the Union County Local Source as set forth in this section
in the event that the mayor orders a public hearing.
c.
No consent nor license shall be granted under this section unless
the applicant owns, leases, or is otherwise in custody and control
of a physical location within the City of Linden where the actual
dispatching of taxi calls is made and where all of the vehicles referred
to and set forth on the application are kept and maintained. All such
locations shall comply with the Land Use Ordinance of the City of
Linden as well as all other applicable laws. No certificate of public
convenience shall be issued prior to obtaining a certificate of occupancy
from the City of Linden. Such certificate of occupancy shall note
the total number of taxis that maybe stored on the site.
d.
If the license inspector finds that further taxicab service in the
City is required by the public convenience and necessity, and that
the applicant is fit, willing and able to perform such public transportation
and to conform to the provisions of this section and the rules promulgated
by the License Inspector, then the License Inspector shall recommend
approval, and after confirmation of same by the Governing Body as
hereinafter set forth, he or she shall issue a certificate stating
the name and address of the applicant, the number of vehicles authorized
under such certificate and the date of issuance; otherwise the application
shall be denied.
e.
In making the above findings, the License Inspector and the Governing
Body shall take into consideration the number of taxicabs already
in operation, whether existing transportation is adequate to meet
the public need, the location of the designated taxi stand, the probable
effect of increased service on local traffic conditions, and the good
character, satisfactory experience and responsibility of the applicant.
In no event, however, shall the ratio of taxicabs in the City exceed
a ratio of one (1) cab to one thousand five hundred (1,500) population
in the City, as determined by the last United States Census.
[Ord. No. 53-51 § 1]
a.
If the
license inspector finds that further taxicab service in the City is
required by the public convenience and necessity, and that the applicant
is fit, willing and able to perform such public transportation and
to conform to the provisions of this section and the rules promulgated
by the License Inspector, then the License Inspector shall recommend
approval, and after confirmation of same by the Governing Body as
hereinafter set forth, he or she shall issue a certificate stating
the name and address of the applicant, the number of vehicles authorized
under such certificate and the date of issuance; otherwise the application
shall be denied.
b.
In making
the above findings, the License Inspector and the Governing Body shall
take into consideration the number of taxicabs already in operation,
whether existing transportation is adequate to meet the public need,
the location of the designated taxi stand, the probable effect of
increased service on local traffic conditions, and the good character,
satisfactory experience and responsibility of the applicant. In no
event, however, shall the ratio of taxicabs in the City exceed a ratio
of one (1) cab to one thousand five hundred (1,500) population in
the City, as determined by the last United States Census.
[Ord. No. 53-51 § 1]
No certificate of public convenience and necessity shall be
issued or continued in operation unless the holder thereof shall comply
with all of the provisions of N.J.S.A. 48:16-1 et seq., and N.J.S.A.
39:1-1 et seq., and all other statutes applicable to the operation
of taxicabs in the State of New Jersey, including but not limited
to all insurance requirements as provided by State law.
[Ord. No. 53-51 § 1]
a.
No certificate shall be issued or continued in operation unless the
holder thereof has paid a yearly license fee of $100 for the right
to engage in the taxicab business and $50 each year for each permit
issued for each vehicle operated under a certificate of public convenience
and necessity. The license fee shall be for the licensing year and
shall be in addition to any other license fees or charges established
by proper authority and applicable to the holder or the vehicle or
vehicles under his or her operation and control. For purposes of this
section, the licensing year shall be for a period of one (1) year
from April 1 to March 31 of the next ensuing year.
b.
Whenever any license issued under the authority of this section is
legally transferred person to person, a transfer fee is established,
made payable to the City, in the amount of $100, to be paid by the
transferrer. For any transfers other than person to person, a transfer
fee is established, made payable to the City, in the amount of $25
to be paid by the transferrer.
[Ord. No. 53-51 § 1]
No certificate of public convenience and necessity or permit
for a City taxicab may be sold, assigned, mortgaged or otherwise transferred
without the consent of the License Inspector.
[Ord. No. 53-51 § 1]
a.
A certificate issued under the provisions of this section may be
revoked or suspended by the License Inspector subject to the approval
of the Governing Body, if the holder thereof has:
1.
Violated any of the provisions of this section.
2.
Discontinued operations for more than thirty (30) days, unless for
good cause shown.
3.
Violated any ordinances of the City or the laws of the United States
or the State of New Jersey, the violations of which reflect unfavorably
on the fitness of the holder to offer public transportation.
b.
Prior to the License Inspector recommending to the Governing Body
that the certificate be suspended or revoked, the holder shall be
given at least five (5) days' notice of the proposed recommendation
and shall have an opportunity to be heard by the License Inspector.
Upon receipt of the recommendation of the License Inspector to suspend
or revoke the certificate of the holder, the Governing Body shall,
within thirty (30) days, approve or disapprove the recommendation
of the License Inspector. Upon written request by the holder, the
Governing Body shall give the holder an opportunity to be heard prior
to his or her decision.
[Ord. No. 53-51 § 1]
No person shall operate a taxicab for hire upon the streets
of the City, and no person who owns or controls a taxicab shall permit
it to be driven, and no taxicab licensed by the City shall be so driven
at any time for hire, unless the driver of such taxicab shall have
first obtained and shall have then in force a taxicab driver's license
issued under the provisions of this section. Such license shall expire
on March 31 next succeeding the date of issuance unless sooner suspended
or revoked by the License Inspector.
[Ord. No. 53-51 § 1]
a.
An application for a taxicab driver's license shall be filed with
the License Inspector on forms provided by the City; and such application
shall be verified under oath and shall contain the applicant's name
and address and the following information:
1.
The names and addresses of three (3) individuals who have known the
applicant for a period of one (1) year and who will vouch for the
sobriety, honesty and general good character of the applicant.
2.
The experience of the applicant in the transportation of passengers
and that he or she has driven a motor vehicle for at least one (1)
year.
3.
The educational background of the applicant.
4.
A concise history of his or her employment.
5.
The age of the applicant, which must be at least eighteen (18) years,
and a representation that the applicant is able to read and write
the English language, a representation that he or she is not addicted
to the use of intoxicating liquors or drugs and an agreement that
he or she shall not partake of intoxicating liquors during his or
her regular tour of duty.
6.
A record of applicant's convictions of any crimes.
7.
Information as to whether his or her New Jersey State driver's license
has ever been revoked or suspended and for what reason (Driver abstract).
8.
Four (4) recent photographs of himself or herself not less than one
and one-half (1 1/2) inches in diameter.
9.
Fingerprints.
10.
The License Inspector has the authority to promulgate any additional
rules and regulations necessary to implement this section.
11.
Proof of authorization to work, i.e. birth certificate, citizenship
papers or naturalization papers.
12.
Must show social security card.
b.
Such license shall be in effect for the remainder of the licensing
year. A license for every licensing year thereafter shall be issued
upon the payment of $25 unless the license for the preceding year
has been revoked. The fee of $25 shall not apply to owner-operators.
Such fees shall be turned over to the City Treasurer of the City for
general revenue purposes.
[Ord. No. 53-51 § 1]
Before any application is finally passed upon by the License
Inspector, the applicant shall be required to show that he or she
has a current motor vehicle operator's license issued by the State
of New Jersey.
[Ord. No. 53-51 § 1]
The Police Department shall conduct an investigation of each
applicant for a taxicab driver's license, and a report of such investigation
and a copy of the traffic and police record of the applicant, if any,
shall be attached to the application for the consideration of the
License Inspector.
[Ord. No. 53-51 § 1]
The License Inspector shall, upon consideration of the application
and the reports and certificate required to be attached thereto, approve
or reject the application. If the application is rejected, the applicant
may request a personal appearance before the Governing Body to offer
evidence why his or her application should be reconsidered.
[Ord. No. 53-51 § 1]
a.
Upon approval of an application for a taxicab driver's license, the
License Inspector shall issue a license to the applicant which shall
bear the name, address, age, signature and photograph of the applicant.
b.
Such license shall be in effect for the remainder of the licensing
year. A license for every licensing year thereafter shall be issued
upon the payment of $25, unless the license for the preceding year
has been revoked.
[Ord. No. 53-51 § 1]
Every driver licensed under this section shall have prominently
displayed in full view of all passengers:
a.
The taxicab operator's license.
b.
The taxicab owner's permit.
c.
The assigned permit number of each taxicab shall be painted or affixed
on the outside of each front door under the word "taxi" and on the
rear door, company name, Linden, New Jersey, not less than six (6)
inches nor more than six (6) inches in height. Taxi permit number
on trunk of taxicab.
[Ord. No. 53-51 § 1]
a.
The License Inspector is given the authority to suspend any driver's
license to operate a cab, issued under this section, for a driver
failing or refusing to comply with the provisions of this section,
such suspension to last for a period of not more than thirty (30)
days. The License Inspector is also given authority to recommend the
revocation of the driver's license to operate a cab for failure to
comply with the provisions of this section. However, a license to
operate a cab may not be recommended for revocation unless the driver
has received a five-day notice by certified or registered mail and
has had an opportunity to present evidence in his or her behalf.
b.
The decision of the license inspector to revoke shall be considered
a recommendation of the Chairman of the Councilmanic City Clerk Committee,
or any member thereof who shall, within thirty (30) days, approve
or disapprove the recommendation of the License Inspector. A copy
of such recommendation shall be forwarded to the licensee, with the
reasons for same included therein. The Chairman of the Councilmanic
City Clerk Committee, or any member thereof shall give the licensee
an opportunity to be heard prior to reaching his or her decision,
provided that the Chairman of the Councilmanic City Clerk Committee
receives a written request for a hearing by the holder.
c.
Pursuant to N.J.S.A. 48:16-7, where a taxicab operates in more than
one (1) municipality, the insurance policy or bond required by the
aforesaid statute shall be filed with the Clerk of the municipality
in which the owner has his principal place of business. For the purposes
of determining a "principal place of business," consideration will
be given to the nature of the business operation; the name and location
of the dispatching and vehicle storage areas, the volume of business
conducted; and such other factors as the City deems relevant to make
such a determination. By filing its application, said business authorizes
and agrees to provide the City with any such information as it may
request to make such a determination.
[Ord. No. 53-51 § 1]
Every driver licensed under this section shall comply with all
City, State and Federal laws. Failure to do so will justify the License
Inspector to recommend the suspension or revocation of the license.
[Ord. No. 53-51 § 1;
amended 11-21-2023 by Ord. No. 67-70]
a.
Initial Inspection. Prior to the use and operation of any vehicle
under the provisions of this section, the vehicle shall be thoroughly
examined and inspected by the License Inspector or any other officer
or employee of any department or any outside agency designated by
the City Council and found to comply with such reasonable rules and
regulations as may be prescribed by the License Inspector. These rules
and regulations shall be promulgated to provide safe transportation
and shall specify such safety equipment and regulatory devices as
the License Inspector shall deem necessary therefor. No vehicle shall
be presented to the License Inspector without first having passed
inspection by the New Jersey Motor Vehicle Commission, proof of which
is required to be submitted to the Bureau License Inspector at the
time of inspection. No vehicle covered under this section shall be
allowed to service passengers in the City without first having passed
inspection by both the New Jersey Motor Vehicle Commission and the
City License Inspector or his designee.
b.
Capacity. When the License Inspector, or any other officer or employee
of any department or outside agency designated by the City Council
finds that a vehicle has met the standards established by License
Inspector, the License Inspector shall issue a report to that effect,
which shall also state the authorized seating capacity of the vehicle,
with a maximum seating capacity of four passengers, other than the
driver.
c.
Periodic Inspections Required. Every vehicle operating under this
section shall be periodically inspected by License Inspector, or any
other officer or employee of any department or outside agency designated
by the City Council at such intervals as shall be established by the
License Inspector to ensure the continued maintenance of safe operating
conditions.
d.
Maintenance in Clean and Sanitary Condition Required. Every vehicle
operating under this section shall be kept in a clean and sanitary
condition according to rules and regulations promulgated by the License
Inspector.
e.
In the event a vehicle governed by the provisions of this section
fails to pass an inspection for reasons other than mechanical, then,
in that event, the use and operation of the vehicle may continue for
a period of fourteen (14) days thereafter, at the conclusion of which
time the necessary corrections of the noted violations shall be corrected.
In the event the violation corrections are not made within the period
of fourteen (14) days, then the use and operation of the vehicle shall
thereafter be prohibited until such time as corrective action has
been taken to the satisfaction of the License Inspector.
f.
In the event that an existing taxicab is permanently removed from
service for any reason, it must be replaced with a taxicab that is
no older than sixty (60) months old.
[Ord. No. 53-51 § 1]
a.
Each taxicab shall bear on the outside of each rear door, in painted
letters not less than two (2) inches nor more than four (4) inches
in height, the name of the owner and, in addition, may bear an identifying
design approved by the License Inspector. No vehicle covered by the
terms of this section shall be licensed whose color scheme, identifying
design, monogram or insignia to be used thereon shall, in the opinion
of the License Inspector or his designee, conflict with or imitate
any color scheme, identifying design, monogram or insignia used on
a vehicle or vehicles already operating under this section in such
a manner as to be misleading or tend to deceive or defraud the public;
and provided further, that if, after a license has been issued for
a taxicab hereunder, the color scheme, identifying design, monogram
or insignia thereof is changed so as to be, in the opinion of the
License Inspector or his/their designee in conflict with or imitate
any color scheme, identifying design, monogram or insignia used by
any other person, owner or operator in such a manner as to be misleading
or tend to deceive the public, the license of or certificate covering
such taxicab or taxicabs shall be recommended for suspension or revocation.
b.
The assigned permit number of each taxicab shall be caused to be
painted or affixed above the rear window of the taxicab in numerals
not less than two (2) inches in height, clearly visible and so maintained.
c.
Each taxicab licensed under the provisions of this section shall
be equipped with a dome of glass or like material with the word "taxi"
painted thereon. The dome shall be illuminated after dark when available
for service.
d.
Each taxicab shall bear on the outside of each front door the word
"taxi" in painted letters not less than two (2) inches nor more than
four (4) inches in height.
e.
Any taxicab utilizing mobile radio communications equipment to which there is an assigned reference number shall do so in a manner prescribed by the Licensing Division. Under all circumstances, this number shall be synchronized with and not different from any other number appearing on or used to identify the taxicab for reference by riders of and inspectors of taxicabs. Numerals so used shall be of a contrasting color to the surface on which they are painted. Use of such radio communication numerals shall be optional but, when used, shall be as above provided for and as provided for assigned permit numbers in subsection 4-35.15c.
[Ord. No. 53-51 § 1]
A zone map shall be prepared and furnished for each taxicab,
illustrating the taxicab fare zones in the City. Each taxicab shall
have a zone map at all times, which map shall be produced upon the
demand of any passenger or authorized representative of the City.
[Ord. No. 53-51 § 1]
No owner or driver of a taxicab shall charge a greater sum for
the use of a taxicab than in accordance with the following rates:
c.
Surcharge.
1.
A $1 surcharge between the hours of 9:00 p.m. and 6:00 a.m. and on
Sundays shall be added to the fare.
d.
Hand Baggage.
1.
There will be a $1 charge for hand baggage regardless of the number
of bags, but there will be no charge if there is only one (1) piece
of hand baggage. No charge shall be made for shopping bags.
[Ord. No. 53-51 § 1]
The driver of any taxicab shall, upon demand by the passenger,
render to such passenger a receipt for the amount charged, either
by a mechanically printed receipt or by a specially prepared receipt
on which shall be the name of the owner, license number or motor number,
amount of charges, date of transaction and points of pickup and discharge
of passengers.
[Ord. No. 53-51 § 1]
It is unlawful for any person to refuse to pay the legal fare
of any of the vehicles mentioned in this section after having hired
the same, and it is unlawful for any person to hire any vehicle herein
defined with intent to defraud the person from whom it is hired of
the value of such service.
[Ord. No. 53-51 § 1]
a.
Solicitation of Passengers by Driver. No driver shall solicit passengers
for a taxicab, except when sitting in the driver's compartment of
such taxicab or while standing immediately adjacent to the curbside
thereof at the proper designated stand. The driver of any taxicab
shall remain in the driver's compartment or immediately adjacent to
his or her vehicle at all times when such vehicle is upon the public
street, except that when necessary a driver may be absent from his
or her taxicab for not more than ten (10) consecutive minutes, and
provided further that nothing herein contained shall be held to prohibit
any driver from alighting to the street or sidewalk for the purpose
of assisting passengers into or out of such vehicle.
b.
Prohibited Solicitation. No driver shall solicit patronage in a loud
or annoying tone of voice or by sign, or in any manner annoy any person
or obstruct the movement of any persons or follow any person for the
purpose of soliciting patronage.
c.
Receipt and Discharge of Passengers on Sidewalk Only. Drivers of
taxicabs shall not receive or discharge passengers in the roadway
but shall pull up to the right-hand sidewalk as nearly as possible,
or in the absence of a sidewalk, to the extreme right-hand side of
the road and there receive or discharge passengers, except upon one-way
streets, where passengers may be discharged at either the right- or
left-hand sidewalk, or side of the roadway in the absence of a sidewalk.
d.
Cruising Prohibited. No driver shall cruise in search of passengers.
e.
Solicitation of Other Common-Carrier Passengers Prohibited. No driver,
owner or operator shall solicit passengers of any other common carrier,
nor at any intermediate points along any established route of any
other common carrier.
f.
Additional Passengers. No driver shall permit any other person to
occupy or ride in his or her taxicab, unless the person or persons
first employing the taxicab shall consent to the acceptance of additional
passenger or passengers. No charge shall be made for an additional
passenger, unless more than two (2), except when the second passenger
rides beyond the previous passenger's destination and then only for
the additional distance so traveled as per zone map and rate schedule
as herein set forth.
g.
Number of Passengers Restricted. No driver shall permit more persons
to be carried in a taxicab as passengers than the rated seating capacity
of his or her taxicab as stated in the license for the vehicle issued
by the License Inspector. A child seven (7) years of age or less shall
not be counted as a passenger.
h.
Refusal to Carry Orderly Passengers Prohibited. No driver shall refuse
or neglect to convey any orderly person or persons upon request, unless
previously engaged or unable or forbidden by the provisions of this
chapter to do so.
i.
Prohibitions to Drivers. It shall be a violation of this section
for any driver of a taxicab to solicit business for any hotel, motel,
rooming house or place of lodging, or to attempt to divert patronage
from one to another. Neither shall such driver engage in selling intoxicating
liquors or solicit business for any house of ill repute or use his
or her vehicle for any purpose other than the transporting of passengers.
j.
Prohibitions to Passengers. It is unlawful for the driver of any
taxicab to permit any person or persons to stand on the running board
of such vehicle while the same is in motion, and it is unlawful for
any person to ride on the running board of such vehicle when the same
is in motion.
[Ord. No. 53-51 § 1; Ord. No. 62-22]
a.
The License Inspector of the City is authorized and empowered to
establish stands in such place or places upon the streets of the City
as he or she deems necessary for the use of taxicabs operated in the
City. The License Inspector shall not create a stand without taking
into consideration the need for such stand by the operator and the
convenience to the general public. The License Inspector shall prescribe
the number of cabs that shall occupy such stands. The License Inspector
shall not create a stand in front of any place of business where the
abutting property owners object to the same or where such stand would
tend to create a traffic hazard.
b.
The driver shall pull up to any taxi stand from the rear and shall
advance forward as the cabs ahead pull away. At no time, should a
driver solicit passengers or engage in loud or boisterous talk while
at the stack or queued at a stand. Nothing in this section shall be
construed as preventing a passenger from boarding the taxicab of his
or her choice that is parked at stands.
c.
Notwithstanding any provisions of this section, taxicabs are prohibited
from parking overnight between the hours of 10:00 p.m. to 6:00 a.m.
on any City owned street.
[Ord. No. 53-51 § 1]
Where two-way radio communication is used, or requests for service
are received by telephone and a dispatcher is employed, whether or
not on a full- or part-time basis, the dispatcher shall file an application
for a dispatcher's license with the License Inspector. The granting
of which license shall be subject to all of the provisions of this
section where applicable. The amount of the fee for the dispatcher
shall be $5, payable annually as herein set forth. In the event that
the dispatcher is also either a holder or a licensed driver of a taxicab
operating in the City, then no additional fee for his or her use as
a dispatcher shall be charged, but the application to act as dispatcher
must nevertheless be made. It shall be considered a violation of this
section if the dispatcher in the course of his or her employment does
not identify himself or herself upon request by giving his or her
name to anyone seeking services, whether personally or by telephone.
All dispatchers must be courteous in their dealings with the public,
and shall not use profane language, whether over the two-way radio
in dealing with the cab radio or over the telephone when dealing with
the public. It is unlawful for a dispatcher to promise services at
a given time and destination when in fact adequate facilities are
not available at that time to render such services. All taxicab service
shall be reasonably prompt and efficient.
[Ord. No. 53-51 § 1]
Private or other vehicles for hire shall not at any time occupy
the space upon the streets that has been established as stands.
[Ord. No. 53-51 § 1]
All persons engaged in the taxicab business in the City operating
under the provisions of this section shall render an overall service
to the public desiring to use taxicabs. Holders of certificates of
public convenience and necessity shall maintain a central place of
business in the City and keep the same open twenty-four (24) hours
a day, or such hours as approved by the License Inspector, for the
purpose of receiving calls and dispatching cabs. They shall answer
all calls received by them for services inside the corporate limits
of Linden as soon as they can do so, and if such services cannot be
rendered within a reasonable time, they shall then notify the prospective
passengers how long it will be before the call can be answered and
give the reason therefor. Any holder who shall refuse to accept a
call anywhere in the corporate limits of Linden at any time when such
holder has available cabs, or who shall fail or refuse to give overall
service, shall be deemed a violator of this section, and the certificate
granted to such holder shall be revoked at the discretion of the License
Inspector, subject to the approval of the Governing Body.
[Ord. No. 53-51 § 1]
All persons engaged in the taxicab business as a dispatcher
must, in dealing with the public personally or by telephone or other
means of communication, refrain from the use of profane language,
and must at all times properly identify themselves by their full name
upon request of the public.
[Ord. No. 53-51 § 1]
a.
Every driver shall maintain a daily manifest upon which are recorded
all trips made each day, showing time and place of origin and destination
of each trip and amount of fare, and all such completed manifests
shall be returned to the owner by the driver at the conclusion of
his or her tour of duty. The forms for each manifest shall be furnished
to the driver by the owner and shall be of a character approved by
the License Inspector.
b.
Every holder of a certificate of public convenience and necessity
shall retain and preserve all drivers manifests in a safe place for
at least the licensing year next preceding the current licensing year,
and such manifests shall be available to the License Inspector and/or
his designee.
[Ord. No. 53-51 § 1]
a.
Every holder shall keep accurate records of receipts from operations,
operating and other expenses, capital expenditures and such other
operating information as may be required by the License Inspector.
Every holder shall maintain the records containing such information
and other data required by this section at a place readily accessible
for examination by the License Inspector or his designee.
b.
Every holder shall submit reports of receipts, expenses and statistics
of operation to the License Inspector for each licensing year, in
accordance with a uniform system prescribed by the License Inspector.
The reports shall reach the License Inspector on or before the fifteenth
day of September of the year following the licensing year for which
such reports are prepared.
c.
All accidents arising from or in connection with the operation of
taxicabs shall be reported, by the taxicab owner, within twenty-four
(24) hours from the time of occurrence to the Police Department and
the License Inspector. At such time of notification to the License
Inspector, or as soon thereafter as possible, the taxicab owner must
furnish the License Inspector with a copy of the police accident report
of the accident.
d.
Service Contract Reports. It shall be mandatory for all holders to
file with the License Inspector copies of all contracts, agreements,
arrangements, memoranda or other writings relating to the furnishing
of taxicab service to any railway station or other place of public
gathering, whether such arrangement is made with the holder or any
corporation, firm or association with which the holder may be interested
or connected. Failure to file such copies within seven days shall
be sufficient cause for the revocation of a certificate of any offending
holder, or the cancellation of any cab stand privileges.
[Ord. No. 53-51 § 1]
Subject to the rules and regulations of the License Inspector,
it is lawful for any person owning or operating a taxicab or motor
vehicle for hire to permit advertising matter to be affixed to or
installed in or on such taxicabs or motor vehicles for hire.
[Ord. No. 53-51 § 1]
No driver shall inquire about the destination of a prospective
passenger until the passenger has been seated in the taxicab, and
no taxicab driver shall refuse service to a passenger to any destination
in the City.
[Ord. No. 53-51 § 1]
All taxicab drivers while engaged in their employment shall
be neat in dress and appearance.
[Ord. No. 53-51 § 1]
a.
A badge and/or identification card shall be issued each licensing
year by the Licenses Inspector to the holder of a taxicab driver's
license, which badge and/or identification card shall contain information,
including, but not limited to, the identity of the wearer as a taxicab
driver licensed by the City and an indication of the licensing year.
This badge and/or identification card shall be worn on the person
of the driver while he or she is engaged in his or her employment,
and this badge and/or identification card shall at all times be conspicuously
exhibited on his or her person.
b.
No taxicab shall be operated except by a duly licensed person wearing
such badge and/or identification card, and the badge and/or identification
card and the taxicab driver's license shall be returned to the Central
License Division at the end of the licensing year.
c.
In the event that any badge and/or identification card and/or taxicab
driver's license is lost or destroyed, a new badge and/or identification
card and/or taxicab driver's license shall be furnished upon of a
fee of $25 being paid to the License Division.
d.
Failure to comply with the provisions of this section shall result
in a suspension of the taxicab driver's license for a period not to
exceed five (5) days.
[Ord. No. 53-51 § 1]
The holders of any or all licenses as set forth in this section
are required to report any change in their home or business address
within forty-eight (48) hours.
[Ord. No. 53-51 § 1]
No owner or driver of any taxicab shall induce any prospective
passenger to employ him or her by knowingly giving misinformation
or misleading such prospective passenger by false information, including,
but not limited to, the time or place of the arrival or departure
of any train or bus, or the location of any hotel, public place or
private residence within the City. It is unlawful for an owner or
driver of any taxicab to convey a passenger to any other place or
over any other route other than that to which such passenger may reasonably
instruct the driver to follow.
[Ord. No. 53-51 § 1]
The use of a taxicab for illegal or immoral purposes is prohibited,
and any owner or taxicab driver that knowingly permits or allows the
use of a taxicab for such purposes shall be deemed in violation of
this section.
[Ord. No. 53-51 § 1]
Every taxicab driver, immediately after the termination of any
hire or employment, must carefully search and examine such taxicab
for any property lost or left behind therein, and any such property,
unless sooner claimed or delivered to the lawful owner, must be reported
to and given to the Department of Police of the City for disposition
according to law.
[Ord. No. 53-51 § 1]
Every holder of a taxicab dispatcher license shall keep a logbook
solely for the purpose of recording the time of each request for service
and the dispatching of the cab, the destination to which a taxicab
is dispatched and the number of taxicabs providing the service, and
the name of the taxicab driver operating the vehicle on that tour
of duty. This logbook shall be available for inspection at all times
at the office of the holder, by the License Inspector or is designee
and the Department of Police of the City. The information in the logbook
must be in legible print, ink, and the book must be maintained at
the business address of the taxicab owner. No book shall be destroyed
for a period of three (3) consecutive licensing years.
[Ord. No. 53-51 § 1]
a.
All taxicabs licensed in accordance with this section are required
to have located therein, at all times, a rate schedule book published
and furnished by the City. The operator of any taxicab shall, upon
request of any passenger, exhibit the rate schedule book for inspection
and verification of the rate to be charged for the particular fare
in question.
b.
The License Inspector is authorized to charge a fee of $3 per rate
schedule book to all owners and operators of taxicabs, as well as
to any member of the public who wishes to purchase same.
[Ord. No. 53-51 § 1]
It shall be a mandatory requirement that all City taxicab owners
provide the License Inspector with a list of all full time and part
time employees, including dispatchers and all part time and full time
drivers, which shall contain their names, addresses, telephone numbers,
driver's license numbers and taxicab driver's license numbers. This
list must be provided upon renewal of the owner's taxicab applications
in March of every year. The list must be updated within five (5) working
days of any employee's or driver's employment or termination at all
times necessary throughout the year.
[Ord. No. 53-51 § 1]
a.
Any person who violates any provision of this section shall be subject to the provisions of subsection 1-5.1 of the General Ordinances of the City of Linden.
b.
In addition to the penalty provided in paragraph a of this subsection,
the License Inspector may recommend the suspension or revocation,
and the Governing Body may suspend or revoke the licenses enumerated
in this section as provided in this section.
[Ord. No. 53-51 § 1]
The Linden Police Department, the Linden License Inspector and/or
Elizabeth License Inspectors will have full authority to enforce the
provisions of this section.
[Ord. No. 53-60 § 1]
As used in this section:
Shall include motor vehicles as defined at N.J.S.A. 48:16-13
et seq.
Shall mean and refer to the City Clerk or his designee.
Shall mean the business of carrying passengers for hire by
autocabs or limousines as defined at N.J.S.A. 48:16-13.
Shall mean any individual, partnership, association, or other
legal entity, its lessees, trustees or receivers.
Shall mean the location of the main place of business of
the limousine service within the City of Linden where limousines are
dispatched, or where limousine drivers report for duty.
[Ord. No. 53-60 § 1]
The licensing and enforcement pursuant to the provisions of
this section and the provisions of N.J.S.A. 48:16-13 et seq. shall
be under the jurisdiction of the License Inspector and/or his designees
and the Linden Police Department as herein provided.
[Ord. No. 53-60 § 1; Ord. No. 54-29]
The City Clerk of the City of Linden shall, upon the filing
of the insurance policy required by N.J.S.A. 48:16-14 and the payment
of a fee in the amount of $50, shall issue in duplicate a license
to operate showing that the owner of the limousine has complied with
the terms and provisions of N.J.S.A. 48:16-13 et seq. Said license
shall recite the name of the insurance company, the number and date
of expiration of the policy, a description of every limousine insured
thereunder, and the registration of same. The duplicate license shall
be filed with the Motor Vehicle Commission before any such car is
registered as a limousine. The original license shall be retained
within the limousine and shall be available for inspection by any
police officer in the State. In lieu of the recital of insurance information
required on the license pursuant to this subsection, the owner of
a limousine may affix to the original license retained within the
limousine a notarized letter from an insurance company containing
the same insurance information required in the recital, which shall
constitute proof of insurance coverage, in which shall also be available
for inspection by any police officer in the State. A copy of the notarized
letter shall constitute proof to the Director of the Motor Vehicle
Commission that the applicant has complied with the insurance provisions
of this subsection. Any such insurance policy shall provide therein
that a Notice of Cancellation thereof must be provided to the City
of Linden not later than thirty (30) days prior to such cancellation.
a.
Additional Fee. Pursuant to N.J.S.A. 16-17, the City Clerk of the
City of Linden shall, with limousine services with their principal
place of business in the City of Linden, upon filing of the required
insurance policy, charge $10 for each limousine which is covered under
the required insurance policy, in addition to the $50 fee for each
limousine service.
[Ord. No. 53-60 § 1]
No limousine or livery service having its principal place of
business in the City shall operate upon the streets of the City without
first applying with the provisions of N.J.S.A. 48:16-13 through N.J.S.A.
48:16-22.7, inclusive. Each license issued by the City Clerk shall
expire on the 31st of March of each year.
[Ord. No. 53-60 § 1]
a.
No owner or operator of an autocab or limousine shall park or cause
to be parked upon the streets of the City an autocab or limousine
for the purpose of waiting to be dispatched to a new location or waiting
to pick up a passenger or passengers at a new location after it has
completed its original dispatched assignment.
b.
No owner or operator of an autocab or limousine shall drive or cause
to be driven or cruise such autocab or limousine upon the streets
of the City in search of prospective passengers for hire or for the
purpose of soliciting or accepting unscheduled passengers for hire.
c.
No owner or operator of an autocab or limousine shall park or cause
to be parked any such vehicles upon the streets of the City displaying
any sign, soliciting or accepting passengers for hire, or utilize
any on street or off street parking area as a location or place to
solicit such business.
d.
No autocab or limousine shall be dispatched when the prospective
passenger requests the dispatch of a taxicab.
e.
No autocab or limousine shall be stored or parked on the streets
of the City of Linden.
[Ord. No. 53-60 § 1; Ord. No. 54-03]
a.
The License Inspector or his designee shall have the authority to
issue a license or other authorization under the provisions of this
Chapter and N.J.S.A. 48:16-13 et seq.
b.
In addition to the payment of the fee and filing of insurance as
required by N.J.S.A. 48:16-17, the owner or operator of an autocab
or limousine shall obey and cause to be obeyed all applicable Federal,
State and local laws and regulations.
c.
In the event the owner or operator of an autocab or limousine violates
the provisions of this section or any other applicable law, the owner
or operator may be served a notice of revocation or suspension or
denial of renewal of the license to operate issued pursuant to N.J.S.A.
48:16-17. Any such notice shall be in writing to the owner of record
by the License Inspector and be forwarded by regular and certified
mail, return receipt requested, or by personal service.
d.
Any proposed denial, suspension or revocation of a license to operate
shall entitle the aggrieved party to a hearing. A request for such
hearing shall be made in writing to the License Inspector not later
than seven (7) days from the date of the owner's receipt of the aforesaid
notice. The License Inspector will then set down a date for a hearing,
which shall be conducted by the License Inspector or his designee,
and shall take place within twenty (20) days of the date of the request
therefor unless a later date is mutually agreed upon by the parties.
e.
In the event the aggrieved party is dissatisfied with the decision
of the License Inspector following said hearing, an appeal may be
taken to the Linden City Council Transportation and Parking Committee
by the filing of a written request for such appeal not later than
ten (10) days from the date of the receipt by the appellant of the
License Inspector's decision. Said appeal shall be de novo.
f.
No limousine licensed by the City of Linden shall contain any lettering,
domes, emblems, or advertising, except in the case of medical liveries.
[Ord. No. 53-60 § 1]
Any person who violates any provision of this section shall be subject to the provisions of subsection 1-5.1 of the General Ordinances of the City of Linden.
[Ord. No. 53-60 § 1]
The Linden Police Department, the City of Linden License inspector
and/or any other inspectors engaged by the City of Linden under a
Shared Services or other agreement for such purposes shall have full
authority to enforce the provisions of this section including but
not limited to the authority to issue summonses for violations returnable
in Linden Municipal Court.
[New; Ord. No. 52-29 § 1]
Any individual or entity wishing to place a solid waste or refuse
container upon any roadway within the City of Linden shall make application
to the License Inspector for approval. Upon receipt of the application,
the License Inspector shall forward same to the Chief of Police or
his designee for a traffic safety evaluation. Upon approval from the
Chief of Police, the License Inspector may issue a permit. The permit
shall specify the date(s) upon which the container may remain upon
the designated roadway. A one time fee of $50 shall be charged to
the applicant and collected by the License Inspector.
[New]
Failure to obtain the permit shall constitute a violation of
this section. Any individual or entity violating the provisions hereof
shall be responsible for all fees and costs attendant to removal of
the container. The provisions hereof shall be enforced by the License
Inspector or any duly appointed member of the Linden Police Department.
[New]
Any container placed pursuant hereto shall be located as close
to the curb as possible and shall have a minimum of two (2) amber
colored lighted warning devices placed on each end of the container
in clear view of the roadway.
[Ord. No. 39-31 § 1]
This section is applicable to any towing firm, individual or
company (hereafter "tower") which is engaged in the towing of unauthorized
vehicles from private property located within the City of Linden.
This does not include vehicles towed at the request of the vehicle's
owner.
[Ord. No. 39-31 § 2; Ord. No. 53-61 § 1]
Any towing firm, individual or company engaged in the towing
of unauthorized vehicles from private or quasi-private property located
within the City shall register with and obtain a license from the
City Clerk. Any such license shall be valid for a period of one year,
commencing January 1 and ending December 31, or the remainder of the
calendar year in which same was issued.
[Ord. No. 39-31 § 3; Ord. No. 40-2 § 1]
Any such towing firm, individual or company shall:
a.
Provide the City of Linden with a certificate of insurance evidencing
liability coverage and property damage coverage in the minimum amount
of $500,000.
b.
Own, lease or otherwise provide a secure private garage, lot, facility
or property, for the storage of any such towed vehicle, which garage,
lot, facility or property shall be located in the State of New Jersey
and not more than three miles from any border of the City of Linden.
[Ord. No. 39-31 § 2; Ord. No. 53-61 § 1; amended 12-17-2019 by Ord. No.
63-60]
All towers licensed by the City of Linden under this section
shall comply with the provisions of N.J.S.A. 56:13-16(i) et seq.,
and any other statutes, Administrative Code provisions, or other provisions
of law which in any way govern such towing activities. Any owner,
operator or employee of a towing business or vehicle found to be in
violation of any such provision of law, including any municipal ordinance
of the City of Linden, shall be subject to revocation of the aforesaid
license to provide such services within the City of Linden. The City
Clerk may, upon receiving sufficient information that such a violation
has occurred, provide notice of suspension or revocation to the tower,
which shall include the specific reasons therefor and be sent by regular
and certified mail and/or by personal service. If a hearing is requested
by the tower, it shall be conducted by the Councilmanic License Committee
within 30 days of the receipt of said notice by the tower or at a
date mutually agreed upon by the parties. The Committee may, in its
discretion, issue or impose a written warning, temporary suspension,
or revocation or denial of renewal of the tower's license to perform
such services within the City of Linden.
a.
License fee. The fee for said license shall be $1,000.
b.
Fee schedule. All towing companies operating on private property
in the City of Linden are to adhere to the following towing fees:
|
Type
|
Fee
|
|---|---|
|
Vehicles up to 6,999 GVW
| |
|
Wheel lift tow
|
$70
|
|
Flatbed
|
$80
|
|
Motorcycle tow and secure for transport
|
$100
|
|
Vehicles 7,000 to 14,500 GVW
| |
|
Wheel lift tow
|
$125
|
|
Vehicles over 14,500 GVW
| |
|
Box trucks, tractors, etc.
|
$275
|
|
Tractor trailers, buses
|
$350
|
|
Storage fees are based on set storage fees of each towing company.
|
c.
Immobilization or booting of vehicles on private property. It shall
be unlawful to immobilize, by use of any wheel-lock device ("boot")
or other method, a vehicle that is parked on private property, whether
for an unauthorized or authorized purpose, without the permission
of the owner, lessee or agent of the motor vehicle.
[1]
Editor's Note: Former Subsections 4-37.5 through 4-37.8, previously
codified herein and containing portions of Ord. No. 39-31, were repealed
in their entirety by Ord. No. 53-61.
[Ord. No. 39-31 § 9; Ord. No. 40-2 § 1]
When a violation of this section occurs, the violator may be
fined and/or have his permit to engage in such towing suspended or
revoked, according to the penalties set forth in this section.
a.
For the purpose of determining suspension or revocation of the permit with the permit issued pursuant to Subsection 4-37.2 hereof, the Chief of Police of Linden shall hear all such cases. The Chief of Police or his designee shall be responsible for the notification of the tower of such recommendation and notice of charges against him. The tower shall be afforded an opportunity to be heard before the Chief of Police and to respond to all charges before any decision on charges is made.
[Ord. No. 39-31 § 10]
In the event the tower is found to have violated any provision
of this section, it shall, in addition to any other penalty herein
provided for, refund any and all monies paid as a result of the towing
and shall further release any such towed vehicle without charge to
its lawful owner.
[Ord. No. 40-38 § 1]
The City Council finds and determines as follows:
a.
Various City businesses have requested and proposed the use of portions
of public sidewalks for displays and commercial ventures as a means
of enhancing the business district and the economic vitality of the
City.
b.
The City Council is desirous of supporting and encouraging appropriate
"Life on the Street" activities which bring together residents of
the City in various settings to enjoy a better quality of life.
c.
The City Council desires to support and encourage appropriate activities
which bring together members of the commercial and business district
in various settings to enhance the economy of the City.
d.
The City Council has consulted with the Special Improvement District
Committee; City of Linden, over the use of public sidewalks for outdoor
sidewalk cafes and as a result this section has been formulated and
adopted in order to encourage and promote the quality of life in the
City and to further the interest of economic development.
e.
The temporary use of City sidewalks can most appropriately be accomplished
by reasonable standing regulations and by the issuance of annual permits.
[Ord. No. 40-38 § 2]
A person or corporation desiring to use any portion of the public
sidewalk for the placement of chairs and tables and/or the service
of food or beverages shall apply for a sidewalk cafe permit to the
License Inspector, City of Linden, in accordance with the regulations
hereinafter established.
[Ord. No. 40-38 § 3]
All permits shall be issued upon the following terms and conditions.
a.
Permits shall be renewed annually.
b.
Permits shall be for specific hours and may be authorized for all
or part of the hours from 7:30 a.m. to 11:00 p.m. Monday through Thursday,
except for Friday and Saturday, when such hours shall be 7:30 a.m.
to 12:00 a.m.
c.
No permanent furniture or other items of personal property may be
attached or affixed to the sidewalk curb.
d.
No signs are authorized except those previously or hereafter approved
by the Special Improvement District Committee.
e.
Clear, straight and unobstructed passage for pedestrians at least
five (5) feet in width between furniture, fixtures and the curb shall
be maintained at all times.
f.
Every permittee shall submit to the License Inspector, prior to the
issuance of any such permit, an insurance policy for general liability
in the amount of $500,000 naming the City of Linden, its officers,
agents and employees as additional insureds.
g.
Every application for permit or amended permit shall be accompanied
by a sketch showing the measurements of the area where tables, chairs,
umbrellas and any proposed trash receptacles will be located. The
sketch shall show the location of parking places in the adjoining
street or streets. Such sketch shall be submitted to the License Inspector
and referred to the Special Improvement District Committee for review
and approval prior to issuance of any permit. The Special Improvement
District Committee shall approve or deny the sketch within ten (10)
working days, and said sketch shall be retained by the License Inspector
and a copy kept upon the licensed premises.
h.
All furniture and umbrellas shall be of lawn, cafe or similar type
and shall be constructed of plastic, wood or wrought iron. Tables
shall not exceed thirty-six (36) inches in length, width or diameter.
i.
Furniture and equipment shall be removed from sidewalk areas and
stored inside at closing time.
j.
No permit shall authorize the serving of food or beverages on any sidewalk except in accordance with retail food handling licenses issued by the Board of Health pursuant to Chapter 12 of the State Sanitary Code, and the Retail Food Handling Code of the Board of Health of the City of Linden.
k.
No permit shall authorize the service of alcoholic beverages except
pursuant to a license issued by the appropriate licensing authority
specifically describing the sidewalk area as a part of the licensed
premises.
l.
All permits are issued on condition that the use of the sidewalk
shall immediately be terminated pursuant to an order of the senior
police or fire official present, when in the opinion of such official,
such action is necessary to respond to the needs of law enforcement
or fire suppression.
m.
Every permittee will be responsible for maintaining furniture and
equipment in good repair and appearance, and for maintaining cleanliness
of any sidewalk areas used by them, along with adjacent curb and sidewalk
areas.
n.
Permits may also be obtained by a business, whose primary business
is the sale of fruits/flowers to display on carts directly in front
of their store, on a cart, the size of which shall not exceed two
(2) feet by six (6) feet. Said carts may be no closer than one hundred
(100) feet apart. These carts must be put inside of the building at
closing time.
o.
The annual fee for a sidewalk cafe permit or fruit/flower cart is
$50 which shall be paid to the License Inspector at the time of application
and is not refundable. There shall be no fee for an amended permit
in the same year for which a permit was issued previously.
[Ord. No. 40-38 § 4]
No person or corporation shall use a sidewalk for the purpose
of placing or installing any table, chair or umbrella within such
sidewalk or for the serving of food and/or beverages except in accordance
with a sidewalk cafe permit issued pursuant to this section. Violations
of this section or of any sidewalk cafe permit authorized hereunder
shall be punishable by a fine of up to $1,000. Upon conviction of
a third offense, the permit may be revoked and may not be reissued
at the discretion of the City.
[Ord. No. 49-33 § 1]
For the purpose of this section, the following words and phrases
shall have the meanings ascribed to them in this section:
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.
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.
Shall mean any person, male or female, who administers a
massage for any form of consideration.
[Ord. No. 49-33 § 1]
No person, firm or corporation shall operate any establishment
or utilize any premises in the City of Linden as or for a massage
establishment unless or until there first has been obtained a license
for such establishment or premises from the City of Linden in accordance
with the terms and provisions of this section.
[Ord. No. 49-33 § 1]
No person shall render or perform services as a massagist or
engage in the business of or be employed as a massagist unless and
until he or she has obtained a massagist's license from the City of
Linden in accordance with the terms and provisions of this section.
Said application shall contain a photograph of the applicant, together
with a medical certificate showing said applicant to be in good health.
[Ord. No. 49-33 § 1]
Each and every applicant for a license, either for an establishment
or premises to be used for a massage establishment or for a massagist's
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,
if the applicant desires a license for said establishment or premises.
c.
If the applicant desires a massagists' license, a statement of all
employment for a period of three (3) years prior to making the application.
d.
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
or offense in this or any other state.
[Ord. No. 49-33 § 1]
a.
The applicant for a license for a massage establishment or premises
shall pay an annual license fee in the amount of $200, which license
fee shall become due on the first of January in each year.
b.
The applicant for a massagist's license shall pay an annual license
fee of $100, which license fee shall become due on the first of January
in each year.
[Ord. No. 49-33 § 1]
Each application for a license or the renewal thereof, either
to operate a massage establishment or premises or to engage in the
business of or to be employed as a massagist, shall be reviewed by
the City Clerk before any license is issued. The City Clerk shall
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, he shall determine that
the granting or renewal of such license would tend to encourage or
permit criminal or immoral activities within the City of Linden, or
if there is evidence of a violation of any Federal, State, County
or Municipal statute, regulation, ordinance or other provisions of
law by the applicant. Additionally, the City Clerk may, upon written
notice of charges and a hearing thereon, suspend, revoke and/or refuse
to renew any such license for any of the reasons set forth in this
subsection.
[Ord. No. 49-33 § 1]
The provisions of this section shall not apply to massage or
physical therapy treatments given:
a.
By a registered massagist R.M.T. or A.M.T.A.
b.
In the office of a licensed physician, chiropractor or physical therapist.
c.
In a regularly established medical center, hospital or sanitarium
having a staff which includes a licensed physician, chiropractors
and/or physical therapists.
d.
By any licensed physician, chiropractor or physical therapist in
the residence of his patient.
e.
In any establishment whose primary purpose is not the administration
of massages and, in addition, offers an overall health facility, including
swimming, steam baths, sauna, exercise rooms, etc.
[Ord. No. 49-33 § 1]
In addition to any action taken by the City Clerk with respect
to a license or application therefor, any violation of this section
may be brought by complaint in Linden Municipal Court by any individual
or entity found by the Municipal Court to be in violation of any of
the provisions of this section shall be subject to a fine not to exceed
$1,000, six (6) months imprisonment or both.
[Ord. No. 49-33 § 1]
A recognizable and legible sign shall be posted at the main
entrance to any building, or to the portion of a building used as
a massage establishment identifying the premises as a massage establishment,
and recognizable and legible signs shall be posted at all exits identifying
each such exit. All such signs shall be posted in accordance with
all existing municipal ordinances.
[Ord. No. 49-33 § 1]
All massage establishments and massagists shall comply with
all other State laws and local ordinances of both the Board of Health
and the Mayor and Council of the City of Linden.
[Ord. No. 62-62]
As used in this section, the following terms shall have the
meanings indicated:
Any person who is licensed to engage in any of the practices
encompassed in barbering.
Any one or combination of the following practices when done
on the human body for cosmetic purposes and not for the treatment
of disease or physical or mental ailments and when done for payment
either directly or indirectly or when done without payment for the
general public:
Shaving or trimming of the beard, mustache or other facial hair;
Shampooing, cutting, arranging, relaxing or styling of the hair;
Singeing or dyeing of the hair;
Applying cosmetic preparations, antiseptics, tonics, lotions,
or creams to the hair, scalp, face or neck:
Massaging, cleansing or stimulating the face, neck or scalp
with or without cosmetic preparations, either by hand, mechanical
or electrical appliance: or
Cutting, fitting, coloring or styling of hairpieces or wigs,
to the extent that the services are performed while the wig is being
worn by a person.
Any establishment engaged in the practice of barbering for
the public.
Any person designated by the Health Officer to act for him/her
in the performance of his/her duties.
An Environmental Protection Agency (EPA) or New Jersey Department
of Environmental Protection registered product with demonstrated bactericidal,
virucidal and fungicidal activity used in accordance with manufacturer's
instructions.
Any person who is licensed to engage in the practices encompassed
in cosmetology and hairstyling.
Any one or combination of the practices as outlined in N.J.S.A.
45:5B-3(j) when done on the human body for cosmetic purposes and not
for the treatment of disease or physical or mental ailments and when
done for payment either directly or indirectly or when done without
payment for the general public.
Any establishment engaged in the practice of hairdressing,
cosmetology, or barbering for the public.
The Health Officer of the City of Linden or his/her duly
authorized representative.
Any establishment engaged in the practice of cutting, shaping,
polishing or enhancing the appearance of the nails of the hands or
feet, including, but not limited to the application and removal of
sculptured or artificial nails.
A person who, for compensation, cuts, shapes, polishes or
enhances the appearance of the nails of the hands and feet, including
but not limited to the application and removal of sculptured or artificial
nails.
A person who owns, leases, or manages a shop/salon, or any
licensed person performing barbering, hairdressing, cosmetology, manicuring
or waxing.
A person who owns a shop/salon establishment and is responsible
for upholding the regulations of this section in all areas of the
establishment.
An individual, firm, partnership, company, corporation, trustee,
association or any public or private entity.
The individual present in a barbershop or hairdressing and/or
cosmetology salon/shop or nail salon/shop that is the apparent supervisor
of the barbershop or hairdressing and/or cosmetology shop/salon or
nail salon/shop at the time of inspection. If no individual claims
to be a supervisor, then any employee present is deemed to be the
person in charge for the purposes of this section.
Safe and clean shop/salon conditions that prevent the spread
of communicable diseases and protect the public's health and welfare.
The temporary removal of superfluous hair from the hair follicle
on any area of the human body through the use of a physical (wax)
depilatory or by tweezing.
A separate room with more than one work station, or a private
room set aside to serve one customer at a time.
A chair, countertop and floor space set aside for the purpose
of serving a customer, including floor space for the operator to stand
while serving the customer.
[Ord. No. 62-62]
a.
No person shall maintain or operate any barbershop, hairdressing,
cosmetology salon/shop or nail salon/shop without having a valid license
issued by the Linden Board of Health. Only a person who complies with
the requirements of this section shall be entitled to receive or retain
such a license.
b.
Every barbershop, hairdressing, cosmetology salon/shop or nail salon/shop
must comply with local planning and zoning regulations and all other
applicable ordinances before being issued a license.
c.
Application for a license shall be made on forms furnished by the
Health Department. All licenses are valid for one year or a portion
thereof and are renewable on September 1st of each year.
d.
The application fee for a license, new or renewal, shall be $100
each for a one-year period beginning September 1st and ending the
last day of August. License application fees are not prorated and
are nonrefundable. All licenses issued during the course of the year
shall expire on the last day of the following August. All applications
for the renewal of licenses and the fees thereof must be received
by the Health Department no later than September 30 of the year in
which the current license shall expire.
e.
No license shall be issued or renewed until a completed application
has been submitted, the license fee has been paid and the applicant's
barbershop or hairdressing and/or cosmetology salon/shop or nail salon/shop
meets the requirements set forth in this section and all other applicable
State and local regulations.
f.
Licenses shall be valid until the last day of August of each year
as noted on the license unless suspended by the Health Officer, or
until such time as the facility changes owners, closes or goes out-of-business.
g.
Licenses shall not be transferable from person to person or from
location to location. Any planned change in ownership of a facility
must be reported promptly to the Board of Health and such changes
must be approved by the Board of Health prior to the issuance of an
operating license.
h.
Licenses must be displayed in a prominent location within the establishment
where patrons can observe it.
i.
All applications for the renewal of licenses and the fees thereof
that are not received by September 30th of the year following that
during which the current license expires shall be subject to a late
fee of $25.
[Ord. No. 62-62]
a.
The Health Officer shall promulgate such rules and procedures as
are necessary to ensure compliance with this section.
b.
At least once a year, the Health Officer or his/her designee shall
inspect each barbershop, hairdressing and/or cosmetology shop/salon
and nail salon/shop and shall make as many additional inspections
as are necessary for the enforcement of this section.
c.
The Health Officer or his/her designee, after proper identification,
shall be permitted to enter, during normal operating hours, any portion
of any barbershop or hairdressing and/or cosmetology shop/salon or
nail salon/shop for the purpose of making inspections to determine
compliance with this section.
d.
In the event that the Health Officer or his/her designee finds unsanitary
conditions in the operation of a barbershop or hairdressing and/or
cosmetology shop/salon or nail salon/shop, or if a violation or multiple
occur, the Health Officer or his/her designee may immediately issue
a written notice to the license holder, or person in charge, citing
such conditions, specifying the corrective action to be taken and
time frame within which such action shall be taken. If corrective
action is not made in the allotted time, the licensee may be fined
or his or her license suspended.
[Ord. No. 62-62]
a.
General Cleanliness. Each shop/salon shall be maintained to provide
a safe and sanitary environment. All facilities shall be kept clean,
sanitary and in good repair.
b.
Disinfection of Reusable Equipment.
1.
After each use on a patron, any tool or part thereof which comes
into contact with the head, face or neck of the patron, such as razors,
scissors, tweezers, combs and parts of vibrating trimmers, shall be
thoroughly cleaned and disinfected.
2.
After each use on a patron, all electrical and nonelectrical instruments
shall be thoroughly cleaned to remove foreign matter, treated with
an approved disinfectant and stored in a protected manner until next
use.
3.
Disinfectants shall be changed in accordance with the manufacturer's
instructions to ensure complete disinfection. No sediment from the
items being disinfected shall be allowed to remain in the bottom of
the disinfection container.
c.
Disposable and Single-Use Equipment.
1.
Disposable or single-use articles shall be disposed of in a waste
receptacle after use on each patron unless stored in a separate closed
clean container labeled with the patron's name and used only on that
patron.
2.
All disposable or single-use articles that come into contact with
blood and/or body fluids shall be enclosed in sealable plastic bags
prior to being placed in the waste receptacle.
3.
All sharp or pointed articles shall be disposed of in a puncture
proof container.
d.
Sanitation of Foot Spas and Water Baths.
1.
An antimicrobial additive shall be placed in each foot spa or water
bath during use.
2.
After each patron, the shop/salon shall drain all water and debris,
properly disinfect and dry the foot spa or waterbath.
3.
At the end of each day, the shop/salon shall remove and immerse any
filter in disinfectant and flush the foot spa or waterbath with low-sudsing
soap and water, and then disinfect and air dry the foot spa or waterbath.
f.
Cosmetics.
1.
When only a portion of a cream, liquid, powder or other cosmetic
preparation is to be removed from the container, it shall be removed
in such a way as not to contaminate the remaining portion.
2.
Multi-use of cosmetic applicators is prohibited. This includes the
use of lipsticks, powder puffs. Makeup brushes and sponges which are
not disposable.
3.
Lotions and powders shall be dispensed from a sanitary self-dispensing
container.
g.
Operators.
1.
Operators shall thoroughly wash their hands with soap and water immediately
after using the toilet, eating or smoking. Before serving each customer,
operators shall thoroughly wash their hands with soap or hand disinfectant.
2.
No operator shall remove warts, moles or treat any disease of a patron,
nor perform any medical procedure such as an injection, nor dispense
any medical device.
3.
All operators shall have an exclusion policy for people with a communicable
disease that may be transmitted through the services of a barber,
hairdresser, cosmetologist, or nail technician.
4.
No individual shall perform procedures requiring licensure by the
New Jersey State Board of Cosmetology without possessing such a valid
license.
5.
No individual shall perform procedures requiring licensure by the
New Jersey State Board of Cosmetology without having such license
visible and present on site.
i.
Toilet and Sink Facilities.
1.
Each shop/salon shall provide adequate toilet and hand-washing facilities
for patrons and employees.
2.
Toilet and hand-washing facilities shall be in working condition
at all times, and kept clean and sanitary.
3.
Each hand-washing sink shall have a soap dispenser and disposable
towels or an air dyer for hand drying.
4.
Hand-washing signs stating "Wash Hands Before Resuming Work" or words
of similar meaning shall be posted conspicuously in all toilet rooms
and at each separate lavatory facility in the establishment.
j.
Lighting and Ventilation.
1.
Lighting shall be sufficient to provide adequate illumination in
the work area.
2.
The shop/salon shall be properly and adequately ventilated to remove
excess heat, vapors, and odors.
3.
Windows and doors shall be effectively screened against insects,
rodents and other vermin. Insects and vermin entry must be otherwise
precluded at all times.
k.
Floors, Walls, Ceilings. Floors, walls and ceilings shall be kept
clean and in good repair.
[Ord. No. 62-62]
a.
Failure to comply with the provisions of this section and applicable
State regulations shall be grounds for suspension of any license issued
under the provisions of this section.
b.
The Health Officer may suspend, without warning, prior notice or
hearing, any license to operate a barbershop or hairdressing and/or
cosmetology shop/salon or nail salon/shop if the operation constitutes
an imminent hazard to public health, including, but not limited to,
any one of the following:
1.
There is an outbreak of an infectious, pathogenic or toxic agent
capable of being transmitted to consumers.
2.
There is an absence of potable water, supplied under pressure, in
a quantity which, in the opinion of the Heath Officer, is capable
of meeting the needs of the facility.
3.
There is a sewage backup into the facility.
4.
An unlicensed individual is performing procedures requiring licensure
by the New Jersey State Board of Cosmetology.
5.
Unsanitary conditions.
c.
Suspension shall be effective immediately upon delivery of the written
order to the license holder or person in charge of the facility by
the Health Officer or his/her designee. When a license is suspended,
all barbershop, hairdressing and/or cosmetology shop or nail salon/parlor
operations shall cease immediately and shall not resume until written
approval to resume has been issued by the Health Officer or his/her
designee. The Health Officer or his/her designee shall remove a suspended
license from the premises.
d.
When a license is to be suspended for a reason other than set forth
in paragraph b., the holder of a license, or the person in charge,
shall be notified in writing of the suspension, and an opportunity
for a hearing will be provided if a written request for hearing is
filed with the Health Officer or his/her designee by the holder of
the license within two (2) business days. If no written request for
a hearing is filed within two (2) business days, the suspension is
sustained. The Health Officer or his/her designee may end the suspension
at any time by giving written notice to the license holder if reasons
for suspension no longer exist.
e.
Upon receiving a request for a hearing, the Health Officer or his/her
designee shall schedule a hearing not later than ten (10) business
days from the date of actual receipt of the request to afford the
owner the opportunity to present evidence and argument on all facts
or issues involved and to examine the merits of such suspension.
f.
The Health Officer or his/her designee shall examine the merits of
such suspension and render a decision in writing to vacate, modify,
or affirm such suspension within ten (10) business days of the date
of the hearing held under this section.
g.
Whenever a license has been suspended, the holder of the suspended
license may make written request for license reinstatement. Within
ten (10) business days following receipt of a written request, including
a statement signed by the applicant that, in his or her opinion, the
conditions causing the suspension have been corrected, the Health
Officer or his/her designee shall make a re-inspection. If the Health
Officer or his/her designee determines that the applicant has corrected
the violations, the license shall be reinstated and returned to the
license holder.
[Ord. No. 62-62]
No variation from any of the provisions of this section shall
be permitted except as elsewhere provided herein.
[Ord. No. 62-62]
Any person aggrieved by any administrative decision of the Health
Officer pursuant to this section, including the denial of a license,
the refusal to renew a license, or the suspension of a license, shall
have an absolute right to appeal such decision to the Board at its
next regularly scheduled meeting. For such appeal, the Health Officer
shall present evidence supporting the decision made by the Health
Officer, and the aggrieved party shall present opposing the decision
of the Health Officer. After hearing all the evidence presented to
it, the Board, by a majority vote, shall then affirm, reverse or modify
the decision of the Health Officer. On all appeals, the decision of
the Board shall be final.
[Ord. No. 62-62]
a.
For any violation of any provision of this section, the following
shall apply:
1.
For any violation of any provision of this section, the Health Officer
or his/her designee or any other law enforcement officer shall issue
a summons and complaint, in usual form, returnable in the City of
Linden Municipal Court.
2.
Upon conviction, any person who violates any provision of this section
shall be subject to a fine by law in accordance with the general penalty
of the City of Linden 1-5.1.
3.
In addition to any other penalties imposed, upon conviction, any
person who violates any provision of this section may have its license
suspended.
b.
Each day (consisting of a twenty-four-hour period beginning at 12:01
a.m.) during which a continuing violation of this section subsists
shall constitute a separate violation and shall incur the penalties
set forth herein, at the discretion of the Health Officer or his/her
designee.
[Added 2-19-2019 by Ord.
No. 63-6]
The purpose of this section is to license establishments that
sell electronic smoking devices. The funds collected by licensing
of such establishments shall be used to fund the City of Linden Tobacco
Age of Sale Enforcement Program and other smoking cessation, prevention
or control programs and related Health Department programs.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
different meaning. When not inconsistent with the context, words used
in the present tense include the future, words used in the plural
number shall include the singular number, and words used the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The Linden Board of Health.
A window in a shop/store displaying items for sale or otherwise
designed to attract customers to the store.
An electronic or other powered device that can be used to
deliver nicotine or other substances to the person inhaling from the
device, including, but not limited to, an electronic cigarette, cigar,
cigarillo, hookah or pipe.
Any establishment that sells or offers for sale electronic
smoking device products designed for consumption through inhalation.
Every delivery of electronic smoking devices, whether the
same is by direct sale or the solicitation or acceptance of an order,
including exchange, barter, traffic in, keeping and exposing for sale,
displaying for sale, delivering for value, peddling and possessing
with intent to sell.
a.
No person shall conduct, maintain or operate an establishment that
sells electronic smoking devices without first obtaining a license
from the Linden Board of Health.
b.
Fees in accordance with the following schedule shall be paid before
any license shall be issued:
1.
Electronic smoking device establishment license: $300.
c.
Licenses issued under the provisions of this section, unless forfeited
or revoked by the Board of Health, shall expire annually on the 31st
day of December of each year.
d.
Licenses are not transferable.
e.
The license shall be posted conspicuously in the establishment.
a.
No electronic smoking device shall be displayed in a manner to be
visible from the exterior of the establishment.
Any person found in violation of this section shall be subject to a penalty as prescribed in § 1-5.1 of the City of Linden Ordinances.
[Added 7-21-2020 by Ord.
No. 64-32]
A designated area on the premises of a retail food establishment
or restaurant, but outside the principal building, and where patrons
may sit at tables while consuming food and beverages.
[Added 7-21-2020 by Ord.
No. 64-32]
a.
A temporary Outdoor Dining Area as defined in this section may be
established for any existing retail food establishment or restaurant
facilities with current interior dining area.
b.
No person shall operate an Outdoor Dining Area without a permit from
the City of Linden. A permit is valid for a twelve-month period from
date of issuance but outdoor dining is limited to the period of May
1 through November 30 of each calendar year.
c.
Applicants shall apply for permit approval in accordance with the
provisions of this chapter. All such applications must be approved
by the Zoning Officer and shall be referred to the Chief of Police,
Fire Official and Health Officer, who shall provide the Zoning Officer
with written reports of their opinions and recommendations regarding
the application.
d.
Applicant shall meet the general ordinance requirements and all other
laws, rules, regulations and codes applicable to the proposed activity.
e.
Any restaurant or retail food establishment which has previously
received approval by resolution of the Planning Board or Zoning Board
of Adjustment for outside seating is exempt from the above permitting
requirement. This exemption applies only for the specified number
of seats permitted in the approving resolution.
f.
Outdoor Dining Areas located on public sidewalk or public right-of-way are subject to Section 4-38 Outdoor Sidewalk Cafes. Areas not regulated by § 4-38, Outdoor Sidewalk Cafes, require approval from City Council. At a minimum, all applicants shall indemnify the City and provide insurance for said use.
g.
An application and permit shall be required for all Outdoor Dining
Areas.
1.
All permits required by this section shall be applied for and obtained
from the Office of the Zoning Officer.
2.
The applicant proposing to establish an Outdoor Dining Area must
provide current licensed occupancy.
3.
The applicant shall submit to the Zoning Officer a layout of the
proposed seating areas, which shall include a depiction of all aisles,
seating areas and means of ingress and egress. The applicant shall
also detail proposed barriers such as large planters or shrubs, decorative
fencing or vehicle barriers designed to enclose the eating area.
4.
The applicant shall detail plans to control litter and waste.
h.
All Outdoor Dining Areas shall comply with the following rules, regulations,
and specifications.
1.
The Zoning Officer shall review each application to ensure that the
proposed operation of the Outdoor Dining Area will not interfere with
pedestrian or vehicular traffic. Six feet of unobstructed sidewalk
should be provided with the exact width being determined by the Zoning
Officer as he deems it to be appropriate to promote pedestrian or
vehicular safety. However, in no event shall the unobstructed sidewalk
be less than four feet.
2.
The Outdoor Dining Area shall be operated and maintained in accordance
with the outdoor seating plan as finally approved, and by the same
person who operates and maintains the abutting retail food establishment.
3.
Any proposed outdoor seating shall serve as a substitute for permitted
indoor seating. The total existed permitted occupancy of the restaurant
or retail food establishment shall not be increased by the establishment
of an outdoor dining area.
4.
No furniture, apparatus, decoration, or appurtenance used in connection
with the operation with the Outdoor Dining Area shall be located in
such a way as to impede the safe and speedy egress to or from any
building or structure.
5.
The outdoor area used by the Outdoor Dining Area shall be kept clean
and free of litter and shall be washed as required.
6.
Noise shall be kept at such a level as to comply in all aspects with
the provisions of applicable ordinances of the City.
7.
Outdoor Dining Areas shall be permitted to operate from 7:00 a.m.
until 12:00 a.m. Monday through Thursday and 7:00 a.m. until 12:00
a.m. Friday through Sunday during the months of May through November.
8.
Furniture, apparatus, decorations, and appurtenances must be maintained
in an orderly fashion within the outdoor dining area during hours
of operation and at closing a specific breakdown process must be implemented
to assure same.
9.
No canopies or tents will be permitted in the outdoor dining area.
Tables are permitted to have umbrellas.
10.
No outdoor bar or serving stations that require plumbing or electric
are permitted.
11.
Applicants must comply with all ABC regulations and permit requirements
pertaining to outdoor alcohol beverage sales and consumption. Any
served or BYOB beverages must remain within approved designated areas.
12.
Outdoor Dining Areas shall be solely an extension of the permitted
business use within the adjacent building or storefront.
13.
All applicants shall demonstrate authorization from the property
owner to proceed with any such outdoor dining use.
[Added 7-21-2020 by Ord.
No. 64-32]
Outdoor dining area: $50.
[Added 7-30-2021 by Ord.
No. 65-30]
As used in this section, the following terms shall have the
meanings indicated:
Any motor vehicle fueled with clean-burning compressed natural
gas, gasoline permitted only as a backup fuel source.
An autobus for hire with or without fee and shall include
any motor vehicle for hire engaged in carrying individual passengers,
which is operated over and upon the streets of the City. A jitney
shall be constructed and intended to accommodate up to 20 passengers
on routes established wholly within the limits of the City.
The individual designated to accept applications for licenses
and to issue licenses in accordance with this section.
Includes an individual, sole proprietorship, partnership,
limited partnership, corporation, or limited-liability company.
Includes any street, avenue, land or public place in the
City utilized for vehicular jitney traffic.
Any motor vehicle that produces zero exhaust emissions of
all criteria pollutants under all possible operational modes and conditions.
[Added 7-30-2021 by Ord.
No. 65-30]
a.
No person shall operate a jitney within the City of Linden without
obtaining from the licensing clerk a license issued to that person
pursuant to this section. The City Council is the issuing authority
of all jitney licenses, and shall annually determine the number of
licenses, routes, and stops of all jitneys.
b.
A license shall be valid for a period of one year from the date of
issue and shall be renewed prior to expiration. No jitney shall be
operated if the renewal license is not granted by the expiration of
the existing license. All applications for license renewal shall be
made in writing and filed with the licensing clerk.
[Added 7-30-2021 by Ord.
No. 65-30]
An application for a jitney owner-operator's license shall be
filed with the licensing clerk upon forms provided by the City for
that purpose. The application shall require disclosure of the following
information:
a.
The name, address, and date of birth of the applicant.
1.
If the application is a corporation, its name, address of its principal
place of business and the name and address of its registered agent
must be supplied. In addition, a copy of the certificate of incorporation
shall be filed with the application.
2.
If the application is a limited-liability company, its name, address
of all members and address of the registered agent shall be submitted
in addition to a copy of the certificate of formation of the limited-liability
company and a current operating agreement, if any.
3.
If the application is a partnership, the same information required
of an individual application shall be required for each of the partners.
b.
The applicant will cooperate with an agency authorized by the City
of Linden to complete a background check of the applicant, including
any history of commission or violation of any criminal or quasi-criminal
statutes including, but not limited to, traffic laws and municipal
ordinances.
1.
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
2.
In the event that the applicant is a limited-liability company, such
investigation shall include all officers of the corporation and, if
practical, the shareholders.
3.
In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
c.
The type of motor vehicle, the name of the manufacturer, the New
Jersey vehicle registration number, vehicle insurance policy particulars,
and valid New Jersey driver's license(s) of the intended operators
of the jitney(s).
d.
Proof that the vehicle must meet all requirements to make it a CNG
or ZEV vehicle, as defined herein.
e.
Proof that the seating capacity of the vehicle, according to its
trade factory rating, is intended to accommodate 13 passengers or
20 passengers, as permitted by N.J.S.A. 48:16-23.
f.
A complete description of the vehicle, both inside and out, including
whether the vehicle has been converted for jitney use and, if so,
the name and place of business of the individual doing the conversion.
g.
Previous experience of the applicant in the transportation of passengers
for hire, including the name of any other state or municipality where
the applicant has ever been licensed, or is currently licensed, to
operate a jitney and whether said license was ever suspended or revoked
or whether an application for the issuance or renewal of a license
was ever denied and the reasons for the denial, suspension, or revocation.
h.
The names and addresses of three individuals who are not members
of the applicant's immediate family, who can verify the applicant's
good character and business and financial responsibility to operate
a jitney.
i.
Any other facts that the applicant believes would have any effect
on the decision to grant or deny the jitney license.
j.
Any other information which the City Council may prescribe.
k.
All applications shall be verified by oath or affidavit before a
notary public or some other person fully authorized to administer
oaths. Applications by a partnership shall be verified by all partners,
applications by a corporation shall be verified by the president or
vice-president, and applications by a limited-liability company shall
be verified by any member.
l.
Once an application is complete and the applicant pays a nonrefundable
application fee in the amount of $250, the licensing clerk shall commence
his investigation.
[Added 7-30-2021 by Ord.
No. 65-30]
a.
The holder of a jitney license pursuant to the provisions of this
section shall be responsible for any violations of this application
and of the laws of the State of New Jersey. Every licensed driver
is the agent, servant and employee of the holder of the license of
the vehicle being operated by said licensed driver.
b.
The City Clerk or his designee, or investigating agency shall be
responsible for the conduct of an investigation into each applicant
for a jitney license hereunder. Each applicant shall submit to fingerprinting
by the investigating agency. In the case of a corporation, partnership
or limited-liability company, the investigation shall include an investigation
of the individual designated by such entity as the driver of the vehicle
in the City of Linden, who shall also be fingerprinted. Each applicant
shall submit to fingerprinting by the investigating agency. The investigation
shall concern all matters stated in the application and shall determine
whether the applicant for such license has any criminal record and
if so the circumstances of such record including the date, results
of such investigation together with recommendations by the City Clerk
and/or the Chief of Police as to whether such license should be granted
or denied supported by the reason(s) for such recommendation shall
be forwarded to the City Council. The City Clerk shall in turn make
such report available to the individual members of City Council. A
copy of the report shall also be sent to the applicant.
[Added 7-30-2021 by Ord.
No. 65-30]
As a condition of conducting the investigation referred to in § 4-43.4, each applicant, by submitting an application for a jitney license, authorizes the City Clerk or his designee to release the results of such investigation to the City Council, Mayor, City Attorney, or any other City official. No such investigation shall be undertaken without such written authorization by the applicant.
[Added 7-30-2021 by Ord.
No. 65-30]
The City Council shall, by resolution, act upon the owner-operator's license application within 60 days of receipt of the investigation report from the Chief of Police. If the Chief of Police recommends granting the license and if the report discloses no reason which would justify denying the license, the City Council may proceed to issue the license without a hearing as defined hereafter in § 4-43.7.
[Added 7-30-2021 by Ord.
No. 65-30]
If the recommendation of the City Clerk or his designee is to
deny the license, or if City Council is satisfied that there are reasons
which would justify the denial of the issuance of the license separate
and apart from the recommendation of the City Clerk, or the revocation
of an existing license, the applicant shall be granted a hearing before
City Council prior to final determination. The applicant shall receive
notification of the date and time for such hearing which shall be
scheduled within 60 days from the denial date or notice of revocation,
and such hearing shall be commenced and concluded within the immediately
succeeding 30 days. If the applicant refuses the opportunity to appear
for a hearing, then City Council shall proceed to grant or deny the
license, or revoke an existing license, in the exercise of its discretion.
[Added 7-30-2021 by Ord.
No. 65-30]
a.
The holder of a jitney license may be permitted to substitute a vehicle
in place of a duly licensed vehicle; provided, however, written notice
of substitution of the vehicle shall have first been filed with the
licensing clerk and approval given by the licensing clerk, which written
notice shall consist of the following:
b.
If such substitution is approved for a vehicle the City-issued identification
number shall then be identified with the vehicle.
[Added 7-30-2021 by Ord.
No. 65-30]
a.
License term. The term of a jitney license shall be from January
1 through December 31. A license issued after January 1 shall be valid
for the balance of the calendar year in which it is issued.
b.
Renewal. A renewal jitney license may be issued upon the applicant
completing and filing a renewal application and verifying by oath
or affirmation that there have been no changes in the information
contained in the issuance of the initial application and that he or
she has continued to comply with all laws of the State of New Jersey
relating to the operation of jitneys and is not in violation of any
provisions of this chapter. A criminal records check shall be required
of renewals.
c.
Franchise tax. Every person, as herein defined, owning and operating
a jitney within the City of Linden shall, on or before the 10th day
of each calendar month, file with the City Clerk a statement, verified
by oath, showing the gross receipts from the business of said jitney
during the preceding calendar month, and shall at the same time pay
to the City Clerk 5% of such gross receipts as a monthly franchise
tax.
[Added 7-30-2021 by Ord.
No. 65-30]
The jitney license card issued to a licensee shall be issued
by the licensing clerk after the applicant has successfully completed
the approval process. The applicant's license card shall at all times
be prominently displayed and adequately protected in the interior
of any jitney operated by the licensee so that the face thereof shall
be at all times in full view and plainly legible to any passengers
seated on the jitney. The license card shall at all times be and remain
the property of the City of Linden. No license card, other than that
of the person actually operating the jitney at the time, shall be
displayed thereto.
[Added 7-30-2021 by Ord.
No. 65-30]
Each motor vehicle operating as a jitney in the City of Linden
shall have permanently affixed a permanent insignia designating such
motor vehicle as a jitney license by the City of Linden. The insignia
shall be located on the rear bumper.
[Added 7-30-2021 by Ord.
No. 65-30]
On all authorized jitney routes there may be charged a fare
at the discretion of the owner-operator. Only one fare can be charged
for each seat in the vehicle.
[Added 7-30-2021 by Ord.
No. 65-30]
The City Council shall establish by resolution all routes and
stops to be utilized by jitneys. All owner-operators shall operate
their jitneys on the route designated by City Council. In the event
of a detour that prevents the jitney from following the designated
route, the jitney may take the shortest, safest alternate route that
will permit the owner-operator to resume operating on the designated
route.
As a condition for the issuance of a license hereunder, the
applicant for a jitney license shall, in accordance with the provisions
of N.J.S.A. 48:16-24, file with the City Clerk an insurance policy
attesting that the person and/or owner-operator is insured under a
policy of comprehensive, general liability insurance. The limits of
said insurance shall be not less than $300,000 per occurrence. The
insurance policy, or an accompanying document, shall obligate the
liability insurer to notify the City Clerk and Business Administrator
of the City of Linden if any change occurs in the policy or if the
policy is terminated or canceled for any reason. In accordance with
the provisions of N.J.S.A. 48:16-24, each owner-operator shall execute
and deliver to the City Clerk concurrently with the filing of the
policy referred to above, a power of attorney wherein and whereby
the said owner-operator shall nominate, constitute and appoint the
City Clerk as the owner-operator's true and lawful attorney for the
purpose of acknowledging service of any process out of a court of
competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the insurance policy filed.
[Added 7-30-2021 by Ord.
No. 65-30]
a.
Any license issued hereunder may be revoked or suspended or any application
for renewal may be denied for cause. Cause shall be deemed to be any
reason set forth in the Code of the City of Linden for the suspension
or revocation of any licenses as well as for any one or more of the
following reasons:
1.
Failure to provide complete and truthful information on the application
for a jitney license or on any documentation or information required
to be provided as part of the license application process;
2.
Failure to maintain liability insurance required by this section;
3.
Failure to comply with the motor vehicle laws of the State of New
Jersey;
4.
Failure to comply with the ordinances of the City of Linden;
5.
Suspension or revocation of the applicant's driving privileges in
the State of New Jersey;
6.
Operating a jitney in a reckless or grossly negligent manner within
the City of Linden or habitually operating a jitney in a negligent
manner within the City of Linden;
7.
Violation of the criminal laws of the State of New Jersey, other
states and federal laws.
b.
Before taking any such action to revoke or suspend a license or deny an application for renewal, the aggrieved party shall be notified in writing of the reasons for the revocation, suspension or denial of renewal, entitled to a hearing before City Council in accordance with the provisions of § 4-43.7. Notice of revocation or suspension shall be provided by personal service or by certified mail, return receipt requested, sent to the address in the licensee's application or such other address as may be provided by the licensee.
[Added 7-30-2021 by Ord.
No. 65-30]
a.
The following rules and regulations shall be applicable to all licensees:
1.
No license to own or operate any jitney shall be granted to any person
who is not a licensed driver in the State of New Jersey, or any other
state of the United States.
2.
Where a licensee has been convicted of a crime in any city, county,
state or federal court, upon conviction, the licensing clerk may revoke
the license of the jitney owner-operator upon notice and hearing.
3.
The licensing clerk or the Chief of Police or their designee shall
take official cognizance of any and all misconduct, deceit, fraud,
subterfuge or actions of any jitney licensee which are against the
best interest of the public or the jitney industry itself, regardless
of whether or not such actions are specifically covered in this section.
It shall also be the direct responsibility of all departments to bring
such actions to the attention of the City Clerk.
4.
It shall be unlawful for the holder of any license issued under this
section to transfer the license to any person.
5.
It shall be unlawful for any person making application for any license
or identification card to willfully make any false statement as to
any of the matters required to be stated in such application. False
statements are grounds to deny or revoke a license.
6.
It shall be unlawful to drive or operate any jitney while that jitney
is carrying more than 13 passengers or more than 20 passengers, as
applicable, in accordance with N.J.S.A. 48:16-23. Each passenger must
be seated while the jitney is in motion. Passengers must be treated
with courtesy and respect; repeated complaints against owner-operators
will be grounds for disciplinary action initiated by the City of Linden
Police Department.
7.
It shall be unlawful for the owner-operator of any jitney to bypass
any prospective customer when there is space available on the jitney.
Any complaints concerning the bypassing of a prospective customer
by a jitney owner-operator shall be processed and handled by the City
of Linden Police Department or the City Clerk.
8.
The City Council may also establish by resolution such additional
rules and regulations as it may be deemed necessary to further the
purposes of this chapter.
b.
The following rules shall apply to the operation of jitneys:
1.
There shall be no smoking on jitneys.
2.
Only a licensed jitney can be used on a prescribed jitney route.
3.
Unsanitary, inadequate, unclean, or unsafe jitneys will not be permitted
to operate.
4.
All accidents must be reported to the City of Linden Police Department
as soon as possible after the occurrence.
5.
Jitney owner-operators must notify the licensing clerk in accordance with § 4-43.8 when a change of license number or registration number occurs.
7.
It shall be unlawful for any person riding a jitney to drink intoxicating
liquors or be under the influence of drugs of any kind.
8.
Drivers must be neat and clean at all times. No shirts without collars
are permitted. Bare feet are prohibited. Exterior tops and bottoms
must be worn.
9.
If a jitney breaks down and is unable to continue, passengers must
be refunded any collected fares in full.
10.
It shall be unlawful for any jitney to stop for the purpose of receiving
or discharging passengers within 15 feet from the intersection of
streets.
[Added 7-30-2021 by Ord.
No. 65-30]
[Added 7-30-2021 by Ord.
No. 65-30]
The Linden Police Department, the Linden License Inspector and/or
Elizabeth License Inspectors will have full authority to enforce the
provisions of this section.
[Added 10-19-2021 by Ord.
No. 65-43]
a.
For the purpose of protecting residents from criminal activities
and safeguarding their privacy, there is hereby established a no-knock
registry of properties where canvassing and soliciting are prohibited.
The no-knock registry shall be maintained by the City Clerk.
b.
The City Clerk shall prepare a list of addresses of those premises
whose owners or occupants have notified the Clerk that canvassing
or soliciting are not permitted on their premises. Notification shall
be by the completion of a form, available online, at the City's Website.
The premises shall remain on the registry unless the owners or occupants
notify the City Clerk in writing that they wish the property to be
removed from the registry. The City Clerk shall update the list monthly.
The inclusion of a premises on the registry shall be deemed a revocation
of any privilege or license to enter or attempt to enter the property.
c.
Owners or occupants who have requested to be listed on the no-knock
registry pursuant to paragraph a herein, may procure from the Clerk's
office a notice for display on the premises indicating the enlistment
on the no-knock registry. The notice shall indicate which solicitors
may contact residents and shall read substantially as follows:
"These premises are listed on the City of Linden's 'No-Knock Registry' (Linden Code § 4-48). You may not enter or attempt to enter these premises for the purpose of canvassing or soliciting, which includes offering to purchase real estate on behalf of any person or organization. Charitable, political, religious organizations are exempt from this law. Violation of Linden Code § 4-48 may result in a fine of up to $2,000 and/or up to 90 days of community service."
d.
The first notice shall be provided free of charge and may be picked
up in person during regular business hours. If a replacement notice
is required, the individual may pick up the replacement notice at
the Clerk's office for a fee of $5, which shall be payable to the
City Clerk. A fee of an additional $1 per notice will be applied for
any individual who desires to have a notice mailed to him or her,
payable to the City Clerk. Pursuant to N.J.S.A. 2C:18-3, "any owner
or occupant who has listed his or her premises on this registry shall
be deemed to have revoked any express or implied legal privilege or
license to enter or attempt to enter the premises."
e.
The City Clerk shall distribute the current City no-knock registry
to a licensed canvasser or solicitor at the time of issuance of a
license.
f.
Although the most current list of registrants on the City no-knock
registry shall be provided by the City Clerk, it is the responsibility
of the canvasser or solicitor to have the most up-to-date list prior
to engaging in any canvassing or soliciting.
g.
Any person convicted of violating this section upon competent evidence
by an owner, occupant or other person with personal knowledge of such
violation shall be subject to the following:
1.
First offense: a minimum fine of $100 with a maximum of up to $1,250;
2.
Subsequent offense: a minimum fine of $100 with a maximum of up to
$2,000 for each offense, together with community service for a period
of up to 90 days; and
3.
Any offense: in addition to the above, a permanent revocation of
any license issued under the within chapter.
h.
The City shall post notice of how to apply on-line on the City webpage
and distribute to other media outlets as designated by the City. The
City shall provide instructions, on how to register, on-line, to the
public and undertake reasonable efforts in education, in order to
further public awareness of the no-knock registry.
i.
This section does not preclude an owner or occupant from filing any
other appropriate complaint with the Municipal Prosecutor, including
a complaint for trespass.
