[Ord. 8/25/70 Preamble]
The Frelinghuysen Township Committee deems it advisable and
in the best interests of the Township to regulate shows, concerts,
festivals, dances, theatrical performances, exhibitions and public
gatherings for the purposes of amusement in the Township.
[Ord. 8/25/70 § I; Ord. #2009-19 § 1]
a.
No person shall permit any outdoor shows, concerts, festivals, dances,
theatrical performances, exhibitions and public gatherings for purposes
of amusement out of doors on any lands or premises owned, leased,
occupied or controlled by any of such person, within the Township
without first having obtained a license from the Township in the manner
and upon the conditions hereinafter set forth, provided, however,
that neither the foregoing nor any other requirement of this section
shall apply to any such outdoor show, concert, festival, dance, theatrical
performance, exhibition or public gathering sponsored by the Township
of Frelinghuysen itself, or any agency thereof by the School District
thereof or by any Police or Fire Company organization within the Township
which receives financial support from the Township, or by any established
churches in the Township or any other non-profit or charitable organization
or family gathering.
b.
The Township Committee may waive the foregoing requirements and the
conditions hereinafter set forth if it finds that the foregoing activities
will not, in any way affect the health, welfare and safety of the
Township.
[Ord. 8/25/70 § II; Ord. #2008-08 § 1]
a.
An application for license shall be signed by the person, persons
or parties responsible and filed in triplicate with the Township Clerk,
accompanied by the fee payable hereunder.
b.
The applicant shall set forth in the application for license the
following information:
1.
The names and addresses of the person or persons, or in the case
of a corporation, the names and addresses of the President, Vice President,
Secretary, Treasurer and Directors or Trustees, responsible for conducting
the outdoor shows, concerts, festivals, dances, theatrical performances,
exhibitions, or any public gatherings for purposes of amusement sought
to be licensed.
2.
The type of performance desired to be conducted and a statement of
the purposes of the exhibition or performance, whether for pecuniary
profit or charitable purposes, and if charitable a statement of the
charity or charities to be benefited.
3.
A description of the lands or premises sought to be licensed which
shall include a description of the boundaries sought to be licensed.
4.
Whether the premises are owned by the applicant or, if not owned,
then the names and address of the lessor or licensor and the term
of the lease or license.
5.
A designation of the portion of the premises intended to be used
for the parking of automobiles, including a statement in acres or
square feet of the area to be devoted to this purpose.
6.
A map or sketch showing the entire area sought to be licensed and
delineating the portion to be used for the parking of automobiles,
and further showing driveways or means of access to and from the premises,
and the names of all adjoining owners of the premises to be licensed.
7.
A statement of the number of persons to be engaged in the exhibition
or performance sought to be licensed and in addition, a statement
of the number of spectators anticipated to watch or observe the exhibition
or performance, and a statement of time of day at which the exhibition
or performance will begin, and the time of day at which it will end.
8.
A fee of five hundred ($500.00) dollars shall be paid upon filing
the application to be applied by the Township toward its expense in
investigating the application, which fee shall not be refunded whether
a license is issued or denied.
[Ord. 8/25/70 § III]
Upon filing of the application the Clerk shall refer a copy
of the application promptly to the Mayor and for investigation of
the matters in the application by the Township Attorney or other designated
official in such other manner as the Mayor may direct. A written report
shall be made to the Township Committee of the result of such investigation
by any such officer or agent designated by the Mayor within thirty
(30) days from the filing of the application.
[Ord. 8/25/70 § IV]
a.
No permit shall be issued unless it is clearly shown that the following
are provided for:
1.
Drinking water adequate in quantity and quality satisfactory to the
permit issuing official. Drinking water shall be readily available
to all persons attending the assembly or use. Only drinking water
shall be so delivered or piped as to be easily accessible. A well
or spring used as a source of drinking water, and the structure used
for the storage of drinking water shall be so constructed and located
as to protect the contents against pollution. A pipe or pump delivering
the drinking water shall be of the type and installation acceptable
to the permit issuing official. There shall be no physical connection
between a pipe carrying drinking water and pipe carrying water not
of a quality satisfactory to the permit issuing authority. A fixture,
installation or equipment from which back-siphonage may occur, shall
not be supplied water from a pipe carrying drinking water. All pipes
carrying drinking water shall be buried to a sufficient depth below
the surface of the ground to prevent their damage or destruction.
A common drinking container shall not be provided or allowed to be
used. Any drinking fountain shall be of approved sanitary design and
construction. Where water treatment process is employed an accurate
and complete report of the process and operation thereof shall be
maintained daily and no change of the source of nor in the method
of treatment of a drinking water supply shall be made without first
notifying the permit issuing official and securing his written approval
to do so.
2.
Toilet facilities adequate for the capacity of the assembly or use.
These facilities shall be so located as to be conveniently available
and shall be so constructed and maintained that they will not be offensive.
Toilet facilities for groups of people consisting of both sexes shall
be so arranged that the facilities shall be separate for each sex.
No privy shall be so located or constructed that it will by leakage
or seepage possibly pollute a water supply, surface water or adjacent
ground surface and shall be constructed in accordance with the requirements
of the State Department of Health and shall be maintained so that
it will not permit access of flies to the privy vault.
3.
Adequate facilities for the satisfactory disposal or treatment and
disposal of sewage shall be maintained. Such facilities shall meet
with the standards and requirements of the Township of Frelinghuysen
and the Board of Health of Frelinghuysen Township and State of New
Jersey.
4.
Adequate supply of food including provisions for sanitary storage,
handling and protection of food and beverages until served or used.
A showing must be made that where food is to be prepared or consumed
there are facilities for washing, disinfecting and storing dishes
and food utensils.
5.
Adequate off-street and off-road facilities for the contemplated
number of people attending the assembly or use. Parking space shall
be provided for at least one (1) car for every four (4) persons in
attendance.
6.
Adequate camping and housing facilities for the contemplated number
of people in attendance, if it is contemplated that the assembly or
use shall extend from one day to another.
7.
An adequate number of access roads to and from the site of the assembly
or use.
8.
Adequate medical facilities including a first aid station. It must
be shown that at least one (1) doctor and one (1) registered nurse
shall be in attendance at all times and in addition at least one (1)
registered nurse (for each additional five hundred (500) people) in
attendance will be on duty at all times.
b.
No permit shall be issued unless the owner and his tenant or lessee,
if any, shall furnish the Township with written authorization to permit
the Township or its lawful agents to go upon the property for the
purpose of inspecting the same and the facilities to be provided thereon.
c.
No permit shall be issued unless the applicant shall furnish the
Township with a comprehensive liability insurance policy insuring
the Township against liability for damage to person or property with
limits of not less than five hundred thousand/one million ($500,000.00/$1,000,000.00)
dollars for bodily injury or death and limits of not less than five
hundred thousand ($500,000.00) dollars for property damage, sufficient
to save the Township harmless from any liability or cause of action
which might arise by reason of the granting of the permit and not
cancelable without ten (10) days prior written notice to the Township.
[Ord. 8/25/70 § V]
If the Township Committee deems from the report that a hearing
on the application should be held before issuing or denying a license,
then within five (5) days after the thirty (30) day period of investigation,
the Township Committee shall set a time and place for hearing on the
application which shall be held within fifteen (15) days thereafter.
At the hearing the applicant and the Township may offer such evidence
as may be desired covering the subject matter. Within seven (7) days
after the closing of the hearing the Township Committee shall render
a determination on the application and if the de-termination is favorable,
a license shall be issued, but if the determination shall be a denial
of the application, then a copy of said determination with the reasons
for denying the application shall be served upon the applicant at
the mailing address of the applicant designated in the application.
[Ord. 8/25/70 § VI]
a.
The license authorized to be issued shall be issued by the Township
Committee but executed by the Mayor and Township Clerk.
b.
The license shall set forth and describe, with particularity, the
place where the show, exhibition, performance or public gathering
or other event sought to be licensed hereunder shall take place and
the period of time during which it may continue.
c.
The license herein authorized shall not be issued to take effect
until all fees have been paid to the Township as provided herein.
d.
Any license authorized to be issued hereunder shall be issued subject
to all the provisions of this section.
[Ord. 8/25/70 § VII; Ord. #2009-19 § 2]
The fee to be paid upon issuance of a license shall be one hundred
($100.00) dollars for each one hundred (100) persons or any portion
of such number anticipated to be involved in the event sought to be
licensed, including therein all personnel, all spectators or members
of the audience. A minimum fee of one hundred ($100.00) dollars shall
be paid. All license fees shall be in addition to the fees required
to accompany the application. Nonprofit organizations shall be exempt
from the license fee required under this section.
[Ord. 8/25/70 § VIII]
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall be
permitted or licensed whatever if the event sought to be licensed
contemplates a gathering of more than one thousand (1,000) persons
or if the area allowed for the parking of motor vehicles is less than
fifty (50) cars per acre for the anticipated number of persons involved
in occupying the premises.
[Ord. 8/25/70 § IX; Ord. #2008-08 § 2]
a.
No person licensed hereunder shall allow, suffer or permit any exhibition,
performance or gathering of persons for any unlawful purpose or to
be conducted in any unlawful, disorderly, obscene or lewd manner.
b.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall allow
any performer to perform or be displayed in the nude.
c.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall be
allowed which shall depict sexual suggestive acts or subjects offensive
to public morals and decency.
d.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall allow
the use of any moving pictures or other media which is obscene, lewd,
indecent or offensive to public morals and decency.
e.
Any licensee hereunder shall not permit any employees or agents of
the applicant or any spectators or any persons on the licensed premises
during the period of time licensed to completely undress or go about
in the nude or become undressed or go about in a lewd, obscene or
indecent manner.
f.
The licensee shall allow the State Police and any special police
of the Township or any other persons duly authorized by the Township
to inspect the licensed premises, or any part thereof, and the performances,
exhibition and shows for public gathering at any time either prior
to, or during the period of time licensed, to inspect the premises
and observe the persons upon the premises or to detect violations
of this section or of any other law of the Federal Government or the
State of New Jersey or of the Township of Frelinghuysen.
g.
The licensee shall take all proper means to assist in the orderly
conduct and presentation of its event and to maintain a flow of traffic
and use of the premises without congestion of traffic. For such purposes
the licensee shall employ or obtain sufficient personnel to carry
out these objectives.
h.
The licensee shall maintain at its own expense one (1) or more persons
or agents responsible for the proper conduct of the licensed event
who shall remain upon the premises at all times during the period
in which the license shall be in effect. The name, address, and description
of the person, persons, or agents responsible shall be furnished to
the Township before the beginning of the licensed period, and in the
event that any change is made in a per-son or persons or agents responsible
herein designated, notice of such change with the names and addresses
and descriptions of the persons to be substituted shall be furnished
to the Township Clerk upon at least twenty-four (24) hours notice.
The Mayor or other authorized officers or agent of the Township for
such purpose may require the licensee to introduce the person, persons
or agents responsible for the conduct of the event to the Mayor of
the Township or such other authorized officer or agent of the Township
as the Township may designate to the licensee.
i.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement, or any portion
thereof, shall take place before 8:00 a.m. or after 10:00 p.m.
[Ord. 8/25/70 § X]
a.
In the event that any of the provisions of this section shall be
violated, the Town-ship Committee, through its authorized officers
or agents may terminate or suspend any license issued hereunder. Such
suspension or revocation shall be determined as follows:
1.
The Mayor or other person authorized by the Township Committee shall
cause a written notice of the alleged violations of this section or
of any other laws involved to be served upon the applicant or any
of the agents of the applicant upon the premises, together with a
notice of the time and place of hearing to be held, not less than
twenty-four (24) hours after service, directing the licensee to show
cause before the Township Committee why the license should not be
suspended or revoked.
2.
At the hearing the Township Committee shall hear all of the evidence
offered by the Township and the licensee which is material to the
issue and shall make a prompt determination of its findings. If the
findings be in favor of the licensee, the charges shall be dismissed,
but if the findings be against the licensee, the license issued may
be revoked entirely or suspended upon such conditions as the Township
Committee may direct. In the event of full revocation, the event licensed
shall be terminated immediately and no further outdoor show, concert,
festival, dance, theatrical performance, exhibition or public gatherings
for purposes of amusement shall be held under the license granted
therefor and any persons remaining upon the licensed premises may
be dispersed immediately by any peace officer of the Township and
by such other person or agents as may be properly authorized by the
Township.
b.
In the event that it shall reasonably appear to the Township Clerk
or any other official designated by the Township Committee, that the
number of persons gathered or gathering upon, or for entry upon, the
licensed premises for any outdoor show, concert, festival, dance,
theatrical performance, exhibition or public gathering for purposes
of amusement licensed hereunder shall exceed one thousand (1,000)
persons, the Clerk or other authorized official may give notice to
the licensee immediately to withhold proceeding with the event licensed
and shall then inform the Mayor or Township Committee promptly of
this action. The applicant may request a hearing before the Township
Committee forthwith and said hearing shall be held as promptly as
possible.
c.
No license fee or portion thereof shall be refunded following revocation
or suspension of any license issued.
[Ord. 8/25/70 § XI]
Whenever notice is required to be given to the applicant or
licensee hereunder, such service of notice may be made by registered
or certified mail directed to the person and address listed in the
application or otherwise personally upon the applicant or any of the
agents of the applicant upon the licensed premises.
[Ord. 8/25/70 § XII]
a.
Any person who violates any provision of this section shall upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. A separate offense shall be deemed committed for each separate act involved or on each day involved during a continuation of any such act in violation of any of the provisions of this section.
b.
The penalty or penalties provided herein shall be in addition to,
and not in lieu of, the suspension or revocation of any license issued
hereunder.
[Ord. #95-09]
Per N.J.A.C. 13:47-4.10 all local bingo and raffle applications
are exempt from the payment of any municipal licensing fee.
[Ord. #2002-06]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean handbills, posters, circulars, pamphlets and other
written or printed material or advertising merchandise of any kind
or nature.
Shall mean the public sale of personal property to one who
offers to pay the highest price.
Shall mean one who auctions personal property or one whose
business is holding auctions.
Shall mean any benevolent, philanthropic, patriotic, not-for-profit
or eleemosynary group or association for charitable purposes. "Charitable
organizations" include and are not limited to the following organizations:
fire departments, first aid squads and religious organizations.
Shall mean any charitable, benevolent, philanthropic, patriotic
or eleemosynary purpose.
Shall mean the promise or grant of any money or property
of any kind or value.
Shall mean the category of peddler, hawker, vendor, solicitor
or canvasser, as set forth herein.
Shall mean and include all goods, wares, food, fruit, vegetables,
farm products, magazines, periodicals and all kinds of articles of
personal property for domestic use, including the distribution of
product samples. Orders or contracts for a service, home improvement
or alteration, polls and market surveys shall be considered "merchandising"
within the terms of this section.
Shall mean any person who goes from house to house or from
place to place without appointment, traveling on the streets and roads,
engaged in the practice of merchandising of any nature whatsoever.
The word "peddler" shall include the words "hawker" and "huckster."
Shall mean and include the singular and plural and any person,
firm or corporation, association, club, partnership, society or any
other organization.
Shall mean any goods, wares, works of art, commodity, compound
or thing, chattels or merchandise.
Shall mean any person who goes from house to house or from
place to place without appointment, traveling on the streets and roads,
engaged in the practice of merchandising of any nature whatsoever.
The words "solicitor" and "canvasser," however, shall not include
wholesale salesmen calling on retail merchants.
Shall mean the Township of Frelinghuysen.
[Ord. #2002-06]
It shall be unlawful for any peddler, hawker, vendor, solicitor or canvasser, as defined in subsection 4-3.1 of this section, to engage in such activity within the Township of Frelinghuysen or any charitable organization, as defined in subsection 4-3.1 of this section, to canvass or solicit within the Township of Frelinghuysen without first obtaining a license therefor as provided herein.
[Ord. #2002-06]
At least forty-five (45) days prior to the date of the period
for which an applicant seeks a license hereunder, all applicants shall
file with the Township Clerk a sworn written application, in duplicate,
on a form to be furnished by said Clerk, which shall give the following
information:
a.
The name and description of the applicant, including date of birth
and driver's license number.
b.
The permanent home address and full local address, if any, of the
applicant.
c.
The name and address of the employer or firm represented by the applicant,
together with credentials establishing the exact relationship between
the applicant and the employer or firm.
d.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
e.
The length of time for which the license is desired.
f.
The geographic area to be canvassed or solicited.
g.
If a vehicle is to be used, a description of such vehicle and its
license number.
h.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, the place where such goods or property
are located at the time such application is filed and the proposed
method of delivery.
i.
A photograph of the applicant taken within sixty (60) days immediately
prior to the date of the application, which photograph shall clearly
show the head and shoulders of the applicant and shall measure two
by two (2 x 2) inches.
j.
Two (2) business references located in the County of Warren, State
of New Jersey, or, in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
k.
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
[Ord. #2002-06]
a.
Investigation by State Police. Upon receipt of such application,
the original shall be referred to the State Police, who shall cause
to be made such investigation of the applicant's business and
moral character as they deem necessary for the protection of the public
welfare.
b.
Unsatisfactory Determination.
1.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the State
Police shall endorse on such application their disapproval and their
reasons for the same and return the application to the Township Clerk,
who shall notify the applicant that his application is disapproved.
2.
Any determination by the State Police that an application is unsatisfactory
shall be based upon one (1) or more of the following findings with
respect to the applicant:
(a)
Conviction of a crime relating adversely to the occupation of
canvassing or soliciting. In such event, the provisions of N.J.S.A.
2A:168A-1 et seq. shall be complied with.
(b)
Prior violation of a peddling or soliciting ordinance.
(c)
Previous fraudulent acts or conduct.
(d)
Record of breaches of soliciting contracts.
(e)
Misrepresentation or false statement contained in the application
for the license; or
(f)
Concrete evidence of bad moral character.
c.
Approval of Application. If, as a result of such investigation, the
character and business responsibility of the applicant are found to
be satisfactory, the State Police shall endorse their approval on
the application, returning the application to the Township Clerk,
who shall, upon payment of the prescribed license fee, execute and
deliver to the applicant his license. The Clerk shall keep a record
of all licenses issued and all complaints received, if any, concerning
each license.
d.
Contents of License. The license issued hereunder shall contain the
signature of the issuing officer and shall show:
1.
The name and address of the licensee.
2.
The class of license issued.
3.
The kind of goods or services to be sold thereunder.
4.
The date of issue.
5.
The length of time the license shall be operative; and
6.
The license number and other identifying description of any vehicle
used in the peddling or soliciting activity licensed.
e.
Issuance of Badge. The Township Clerk shall issue to each licensee,
at the time of delivery of his license, a badge, which shall show
the nature of the license, a photograph of the licensee and the expiration
date in letters and figures easily discernible. Such badge must be
worn constantly by the licensee in such a manner as to be readily
visible when engaged in the activities herein.
f.
Badge Fee. Upon issuance of said license, each hereunder shall pay
to the Township Clerk the sum of two ($2.00) dollars as a fee for
said badge.
g.
Minors. No license shall be issued where any person who would use
the proposed license is under sixteen (16) years of age.
[Ord. #2002-06]
a.
Application Fee. There shall be an application fee of fifty ($50.00)
dollars for every weekly and yearly license, which shall be paid upon
filing of the application.
b.
License Fees. The license fee to be paid by each licensee shall be
as follows:
1.
For a daily license, five ($5.00) dollars per day.
2.
For a weekly license, twenty ($20.00) dollars per week, and for the
purpose of this section, a "week" shall constitute any seven (7) consecutive
days, including Sundays.
3.
For a yearly license, sixty ($60.00) dollars per year, and for the
purposes of this section, all yearly licenses shall expire at the
end of the calendar year in which they are issued. The yearly license
fee for any license obtained during the calendar year shall be prorated
on a monthly basis, and the yearly fees reduced accordingly.
[Ord. #2002-06]
a.
Liability Insurance. Every licensee shall carry liability insurance
covering its operations in the minimum amount of five hundred thousand
($500,000.00) dollars per loss, with the Township named an additional
insured. Peddlers and solicitors engaged in the door-to-door sale
of merchandise and persons distributing advertising materials are
not required to carry said insurance.
b.
Bond Required for Auctioneer's License. Every applicant for
an auctioneer's license shall file with the Township Clerk a
surety bond running to the Township in an amount to be determined
by the Mayor and Committee, not to exceed two thousand ($2,000.00)
dollars, with the corporate surety authorized to do business in the
State. The bond shall be conditioned so that the licensee will comply
fully with all the provisions of the ordinances of the Township and
the statutes of the State concerning auctions and auctioneers, will
not practice any fraud or deceit upon bidders or purchasers of property
at any auction sale conducted by the licensee or suffer or permit
any person in his employ to practice any such fraud or deceit and
will pay all damages which may be sustained by any person by reason
of fraud, deceit, negligence or other wrongful act on the part of
the licensee, his agents or employees in the conduct of any auction
or in the exercise of the calling of auctioneers. In lieu of the surety
bond, the applicant or licensee may provide a cash bond. Any bond
provided in accordance with this section shall be first approved as
to form by the Township Attorney before any license shall be issued.
[Ord. #2002-06]
a.
Every holder of a peddler's license or solicitor's license
issued by the Township Clerk under the authority of N.J.S.A. 45:24-9
shall be required to carry such license with him while engaged in
the business or activity licensed within the corporate limits of the
Township. He shall produce such license at the request of any official
of the Township with whom he wishes to conduct his business or activity.
b.
Every such licensee shall restrict his selling activity within the
Township to the hours between 9:00 a.m. and 8:00 p.m. prevailing time,
on Sundays through Saturdays.
[Ord. #2002-06]
Licenses shall not be transferable and must be surrendered after
expiration before a renewal license can be issued.
[Ord. #2002-06]
It shall be the duty of the administrative officer of the Township
of Frelinghuysen to enforce the provisions of this section and to
require any person seen peddling or soliciting who is not known by
such officer to be duly licensed, to produce his peddler's or
solicitor's license.
[Ord. #2002-06]
The Township Clerk shall maintain a record of all licenses issued
under the provisions of this section and shall record therein all
convictions for violations of this section and other pertinent circumstances
and incidents reported by the State Police.
[Ord. #2002-06]
a.
When parked on a time-regulated public street, a peddler, solicitor,
auctioneer or person distributing advertising materials must obey
all existing parking ordinances.
b.
Vehicles moved or parked on public streets in connection with any
operation covered by this section must comply with all State and motor
vehicle laws.
c.
No signs are to be erected or displayed without the approval of the
Zoning Code Official, except for signs on vehicles that stipulate
prices on food offered.
d.
Peddlers and solicitors are prohibited from serving drivers or passengers
of vehicles and are only allowed to serve pedestrian customers,
e.
Peddlers and solicitors are prohibited from the use of temporary
public utility hookups without prior approval of the Construction
Code Official.
f.
No peddler or solicitor, auctioneer or person distributing advertising
material or any person in their behalf shall shout, cry out, blow
a horn, ring a bell or use any sound device including any loud speaking
radio or sound amplifying system, upon any streets, alleys, parks
or other public or private places in the Township to call attention
to his business or to his merchandise.
g.
The vehicle used by a peddler or solicitor shall contain all merchandise
and equipment and shall not exceed six (6) feet in length and/or four
(4) feet in width.
h.
Peddlers, solicitors or auctioneers shall not stop or park any vehicle
on privately-owned property for the purpose of conducting a sale without
having first filed a written authorization for the same from the property
owner with the licensing authority. No peddler or solicitor shall
conduct or attempt to conduct his business on any residence or on
any privately-owned property on which is posted a sign expressly prohibiting
such activity.
i.
A peddler or solicitor must not inhibit pedestrian traffic and must
have at least eight (8) feet between the vehicle and the curbline
for pedestrian traffic.
j.
Peddlers, solicitors, auctioneers or persons distributing advertising
materials shall not stop or park any vehicle in such a manner as to
block any advertisement, display or entrance to an existing store.
k.
Peddlers, solicitors, auctioneers or persons distributing advertising
materials shall not stop or park any vehicle in an alleyway or walkway
and shall not stop or park any vehicle in such a manner as to block
entrances to said alleyways or walkways.
l.
Peddlers, solicitors, auctioneers or persons distributing advertising
materials shall not park any vehicle in such a manner as to block
any municipal, public receptacle for garbage, public bench or other
public amenity.
m.
Peddlers and solicitors must have their intended location approved
by the State Police prior to setting up operations. The Traffic Safety
Officer will examine the site to determine if the public safety is
adversely affected by the location.
[Ord. #2002-06]
a.
Grounds for Revocation. Licenses issued under this section may be
revoked by the Township, after reasonable notice and hearing, for
any of the following causes:
1.
Misrepresentation or false statement contained in the application
for the license.
2.
Misrepresentation or false statement made in the course of carrying
on activities regulated herein.
3.
Conviction of any crime or misdemeanor relating adversely to the
occupation of peddling or soliciting.
4.
Conducting the business of soliciting and canvassing in an unlawful
manner, in violation of this section or in such manner as to constitute
a breach of peace or to constitute a menace to the health, safety
or general welfare of the public.
b.
Notice of Hearing. Notice of a hearing for revocation of a license shall be given, in writing, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee, at the address given by the licensee in making application under subsection 4-3.3 herein, at least five (5) days prior to the date set for said hearing.
[Ord. #2002-06]
Any person aggrieved by the action of the State Police or the Township Clerk in the denial of an application for a permit or license, as provided in subsection 4-3.4 of this section, or in the decision with reference to the revocation of a license, as provided in subsection 4-3.12 of this section, shall have the right of appeal to the Township Committee of the Township of Frelinghuysen. Such appeal shall be taken by filing with the Township Committee, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement, setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in subsection 4-3.12 for notice of hearing on revocation. The decision and order of the Township Committee on such appeal shall be final and conclusive.
[Ord. #2002-06]
a.
Any veteran or exempt fireman of a volunteer fire department holding
a special license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10
shall be exempt from procuring a license or paying the fee as provided
herein but shall be required to comply with all other applicable provisions
of this section and shall be required to register with the Township
Clerk and obtain a permit, which will be issued by the Clerk upon
proper identification and exhibition of such State license.
b.
The requirements of this section shall not apply to the following:
1.
Any public utility or its employees, where said public utility is
subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by their employer.
2.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
c.
The following organizations shall be exempt from the requirements
of this section:
1.
Any charitable organization, as defined by subsection 4-3.1, desiring to solicit or have solicited in its name contributions or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise within the Township for a charitable purpose. Any such charitable organization exempt from the requirements of this section by this subsection shall nevertheless notify the State Police, prior to the commencement of its solicitation activities, of the proposed time and place for the conducting of such solicitation activities. Nothing herein, however, should be construed to alter the exempt status under this section of any such charitable organization as defined in subsection 4-3.1.
2.
Approved raffles. This section shall not apply to the sale and distribution
of raffle tickets for raffles approved by the Township Committee.
3.
Other activities. This section shall not apply to bazaars, fairs
and flea markets which do not involve any selling or traveling from
house to house or place to place or traveling on the streets and roads
in the practice of merchandising.
[Ord. #2002-06]
Any person, firm or corporation who violates any provision of
this section shall, upon conviction thereof, be punishable by one
(1) or more of the following: by imprisonment for a term not exceeding
ninety (90) days or by a fine not exceeding one thousand ($1,000.00)
dollars or by a period of community service not exceeding ninety (90)
days.
[Ord. #2002-06]
All applicants shall pay the fee as required by subsection 4-3.5, if applicable, and file with the Township Clerk a sworn written application, in duplicate, on forms to be provided by the Township Clerk, which shall give the following information:
a.
The number and date of the applicant's auctioneer's license
issued by the Township.
b.
The full name of the applicant and the capacity in which he acts
(i.e., owner, executor, trustee, etc.).
c.
The residence and mailing address of applicant.
d.
The place in the Township where the business is conducted and the
auction will occur.
e.
If the applicant is a corporation and, if so, the location of the
registered office in the State and the name of the registered agent.
f.
The nature of the applicant's business or the type of business
the applicant represents.
g.
The kind and nature and the estimated amount of property to be sold
at the auction.
h.
The estimated period of time for which the permit is requested.
[Ord. #2002-06]
The applicant for a permit required by this section shall file
with his application a certificate of the Fire Department signed by
the Chief of the Department stating that the premises to be covered
by the permit has sufficient exits, fire escapes and other facilities
to reasonably provide adequate and sufficient protection from fire
and other sources of danger to persons attending the auction.
[Ord. #2002-06]
a.
The applicant for an auction permit required by this section shall
pay to the Township, upon the filing of this application, with the
Township Clerk, a fee as provided in Appendix I of the Frelinghuysen
Township Code.
b.
The permit shall be limited, if issued, to the location and property
specified in the application and shall not exceed a period of sixty
(60) days from the date of issuance.
[Ord. #2002-06]
Any permit granted in accordance with this section shall be
conspicuously displayed at the permitted place of the auction, as
shall the license of the auctioneer when engaged at any location.
[Ord. #2002-06]
No person holding a permit to conduct an auction shall use or
employ an individual as an auctioneer unless the individual has obtained
an auctioneer's license as provided in this section.
[Ord. #2002-06]
No auction shall be permitted except at the place of business
of the person or principal applying for a permit to conduct such auction.
[Ord. #2002-06]
No auction shall be conducted except in an enclosed building
nor shall any loudspeaker or other amplifying devices be maintained
or operated so as to project any sound outside of the building.
[Ord. #2002-06]
It shall be unlawful for any permittee or the agent or employee
of any permittee or any licensed auctioneer to falsely represent the
character, quality, condition, value or ownership of any goods or
to make any statements relating thereto likely to deceive a prospective
bidder.
[Ord. #2002-06]
No auctioneer shall accept false bids from any person in the
employ of himself or others.
[Ord. #2010-02]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean and include any person who, while occupying any
taxicab, drives, conducts and directs the actual mechanical operation
thereof, whereby passengers are transported therein for hire.
Shall mean and include any motor vehicle (other than a bus,
taxicab or motor vehicle used in the conduct of a funeral) which is
owned and used for the purpose of transporting passengers for hire
and which is hired by a specific charter or for a particular contract
or by the day or other fixed period and for which there is a fare
or price agreed upon in advance between owner or operator and passenger.
Shall mean and include any person who owns, directs, conducts
or is in charge of the actual operations of any taxicab business or
of any taxicab, either as owner, manager, driver or otherwise.
Shall mean and include any person who holds legal title to
any taxicab, any conditional vendee and lessee or any other person
having an interest in said vehicle which shall entitle him to the
immediate right of possession thereof.
Shall mean and include any individual, partnership or corporation,
singular or plural, unless the contrary is clearly expressed.
Shall mean and include any motor vehicle, other than a bus
or livery, which is operated or engaged in the business of transporting
passengers for hire.
Shall mean the Township of Frelinghuysen, New Jersey.
[Ord. # 2010-02; Ord. # 2012-07]
Except as hereinafter set forth, no taxicab or livery shall
be driven or operated within the Township or shall be used or engaged
in the business of transporting persons for hire until the owner thereof
shall have first obtained a license therefor from the Township. The
provisions of this section shall not apply to: (a) out-of-town operators
who may deliver passengers in Frelinghuysen or pass through the Township;
or (b) owners who have owner's licenses issued by another New
Jersey municipality and which licenses are in good standing.
[Ord. # 2010-02; Ord. # 2012-07]
Except as hereinafter set forth, no person shall drive or operate
or cause to be driven or operated any taxicab or livery in the Township
until such person shall have obtained a license therefor from the
Township. The provisions of this section shall not apply to: (a) out-of-town
operators who may deliver passengers in Frelinghuysen or pass through
the Township; or (b) owners who have owner's licenses issued
by another New Jersey municipality and which licenses are in good
standing.
[Ord. #2010-02]
The examination, licensing, regulation and inspection of taxicabs
and liveries, the examination and licensing of applicants or owners'
and drivers' licenses and the enforcement of all the provisions
of this section shall be under the control of the Committee, and said
Committee shall have the power to approve, deny, suspend or revoke
any taxicab, livery or driver's license for cause as hereinafter
provided.
[Ord. #2010-02]
a.
Applications for licenses under this section shall be made, in writing,
on forms to be provided by the Township.
b.
Every applicant for a taxicab driver's license shall furnish
with his application three (3) copies of a photograph of himself,
of a size two (2") inches by two (2") inches, taken within six (6)
months of the date of such application.
[Ord. #2010-02]
Any subsequent change of address of any owner or any change
in the name or address of any operator or driver shall be reported
by the owner, operator or driver to the Township Clerk, in writing,
within three (3) days after such change, and the Township Clerk shall
immediately report such changes of address to the Committee.
[Ord. #2010-02]
a.
No owner of any licensed taxicab or livery shall sell, lease, rent,
assign, hire, transfer or in any other manner dispose of such taxicab
or livery or any taxicab or livery business without notification to
the Committee; and no owner of any licensed taxicab or livery shall
sell, lease, rent, assign, hire, transfer or in any other manner dispose
of any taxicab or livery license without first obtaining proper transfer
of the license.
b.
In the event that any licensed owner shall acquire a vehicle during
any license period which is intended to be used as a substitute for
one previously licensed, the owner thereof shall immediately notify
the Committee of the Township of Frelinghuysen, in writing, of such
substitution and apply for a transfer of the license from the previously
licensed vehicle to the one to be substituted therefor. Subject to
the provisions of this chapter and the payment of the transfer fee,
the Committee may, in its discretion, approve the transfer of such
license.
c.
During the period subsequent to such notification and prior to the
approval or disapproval by the Committee of the transfer of the license
to permit the operation of such substituted vehicle, the owner may
operate such substituted vehicle or cause the same to be operated,
subject to the other provisions of this section.
d.
Nothing herein contained, however, shall be construed as authorizing
any person who is not presently licensed as an owner to operate or
permit the operation of any taxicab or livery owned by him, as herein
defined, prior to the granting to him of an owner's license;
nor does it authorize the operation by a licensed owner of any additional
vehicle for which no owner's license has been granted, pending
approval by the Committee.
[Ord. # 2010-02; Ord. # 2012-07]
[Ord. #2010-02]
No taxicab or livery license shall be approved or issued until
said taxicab has been thoroughly inspected and is found to be in a
clean and sanitary condition and mechanically safe for the transportation
of passengers. Inspections shall be made in May and shall be made
by the Frelinghuysen Township Department of Public Works. The Township
Clerk shall keep a record of such inspections.
[Ord. #2010-02]
If, upon inspection, a taxicab or livery is found to be unsafe
for the transportation of passengers or unclean and unsanitary, the
license for the same shall be refused or, if already issued, may be
revoked or suspended by the Committee.
[Ord. #2010-02]
a.
No taxicab or livery shall be licensed until a policy of insurance
shall have been filed with the Township Clerk in accordance with the
following prescribed schedules of coverage:
b.
Said policy of insurance shall also be approved by the Township Attorney.
In the event of any transfer of ownership or purchase of new equipment
(vehicles), it shall be the duty of the owner to effect the proper
transfer of insurance coverage and furnish the same to the Township
Clerk.
[Ord. #2010-02]
a.
For every taxicab and livery for which a license is issued by the
Township, the owner thereof shall pay to said Township annually a
fee in the amount of two hundred fifty ($250.00) dollars.
b.
Every license shall expire at 12:00 midnight on May 31 of the year
for which the same is issued.
c.
All fees shall be paid to and the licenses shall be issued by the
Township Clerk. In the event that any applicant for a taxicab or livery
owner's license fails to qualify, the fee will be returned to
the applicant.
[Ord. #2010-02]
Whenever a taxicab or livery license is granted, the Township
Clerk shall also issue a card containing the name of the owner, the
license number of the vehicle, the year of issue and the rates of
fare as herein provided. Such card shall be inserted in a card rack
or frame to be provided by the owner and attached in the inside of
the taxicab or livery vehicle visible to the passenger.
[Ord. #2010-02]
Any license issued for any taxicab or livery may be transferred
in accordance with the provisions of this section after approval of
the Committee and upon the payment to the Township of a transfer fee
as provided in Appendix I, Fees, for each vehicle for which the license
is to be transferred.
[Ord. #2010-02]
A fee in the amount of fifty ($50.00) dollars shall be paid
for each driver's license and for each and every renewal thereof.
Every driver's license shall expire at 12:00 midnight on May
31 of the year for which it is issued. Such fee shall be paid to the
Township Clerk at the time the application for the license is made.
In the event that any applicant for a driver's license fails
to qualify, the fee will be returned to the applicant.
[Ord. #2010-02]
Every applicant for a driver's license hereunder shall
be:
a.
A resident of the State of New Jersey at the time of making application;
b.
The holder of a New Jersey auto driver's license;
c.
In possession of a satisfactory knowledge of traffic regulations
and geography of the Township and its surroundings;
d.
In good physical and mental condition, as well as of good character;
and
e.
At least twenty-one (21) years of age.
[Ord. #2010-02]
No person shall be granted a driver's license hereunder
who shall:
a.
Be addicted to the use of drugs or intoxicating liquors;
b.
Have a record as a habitual violator of the provisions of the New
Jersey motor vehicle and traffic regulations;
c.
Have a record of having been involved in accidents occasioned by
his negligence or carelessness;
d.
Have been convicted of operating a motor vehicle while under the
influence of drugs or intoxicating liquor or of reckless driving,
unless a determination is made that such offense(s) should not be
used as grounds for disqualification based upon consideration of the
nature, circumstances and seriousness of such offense(s), age at the
time of the offense(s), evidence of rehabilitation and other pertinent
factors; or
e.
Have been convicted of a crime which relates adversely to the business
for which a license is sought, which shall be determined in accordance
with N.J.S.A. 2A:168A-2, based upon consideration of the factors set
forth in that statute.
[Ord. #2010-02]
Every application for a driver's license, together with
the other materials and information required to be furnished in connection
therewith under the provisions of this chapter, shall be presented
by the Township Clerk to the Committee of the Township of Frelinghuysen.
The Committee shall then consider said application, together with
the information submitted therewith, and shall approve or disapprove
the granting of the license. The Committee shall notify the Township
Clerk of its action, and the same shall be entered in the minutes
of the Township Committee.
[Ord. #2010-02]
a.
Upon satisfactory fulfillment of the requirements herein set forth
and approval by the Committee, the Township Clerk shall issue a driver's
license to the applicant.
b.
Said Clerk shall also issue to the licensee an identification card
containing: (1) the name of the licensee; (2) a straight front-view
photograph of the licensee; (3) the Township license number; and (4)
a notice that, in case of any complaint, the Township Clerk and State
Police Chief of Police of the Township should be notified.
c.
While engaged as a taxicab driver, such licensee shall insert said
identification card in a card rack or frame, to be provided by the
owner of the taxicab which is being driven and attached on the inside
of the vehicle in a place readily visible to the passengers. Said
rack or frame shall be of a type which will not conceal any of the
information set forth on the driver's identification card. The
driver shall be responsible for transferring his identification card
to the taxicab being operated by him at the time.
d.
While engaged as a livery driver, such licensee shall have his identification
card in his possession and shall exhibit the same upon request.
e.
A schedule of taxicab fees must be filed with the Township and posted
in the section of the vehicle used for passengers and in such a position
as to be easily read. Letters and numerals at least three-eighths
(3/8") inch high shall be used in posting this schedule.
[Ord. #2010-02]
a.
The Committee may suspend or revoke any license granted under this
section if the holder thereof is convicted of:
1.
A crime or offense which relates adversely to the business for which the license is held, as determined, in writing, according to consideration of the factors specified in subsection 4-4.17e.
2.
Operating any motor vehicle while under the influence of any drug
or intoxicant;
3.
Reckless driving;
4.
Habitual violations of the provisions of the New Jersey motor vehicle
and traffic laws or the parking and traffic regulations of the Township
of Frelinghuysen;
5.
Violating any of the provisions of this chapter; or
6.
Using or permitting the use of any taxicab driven by him or her for
any illegal or immoral purpose.
b.
In addition to the foregoing, the Committee may suspend or revoke
any license granted under this section if the holder thereof is found
to have violated any of the following standards of conduct:
1.
No owner or driver of any taxicab or livery shall use indecent or
profane language, indulge in any loud, offensive or boisterous talk
or shouting, engage in any disorderly conduct or vex or annoy passengers
or citizens.
2.
No owner or driver of any taxicab or livery licensed hereunder shall
induce any person to employ him or his vehicle by knowingly misinforming
or misleading any person, nor shall any driver convey any passenger
to any place or by any route other than the most direct route unless
otherwise directed by said passenger.
3.
The driver of any taxicab or livery shall, immediately after the
termination of any hiring or employment, carefully search his taxicab
for any property lost or abandoned therein. Such property, unless
sooner claimed by or delivered to the owner, must be delivered to
the Township Clerk for safekeeping within twenty-four (24) hours after
the finding thereof.
