[1982 Code § 142-1]
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 Borough except alcoholic beverage licenses, dog licenses
and taxicab licenses.
[1982 Code § 142-2]
Except where otherwise provided, all applications for licenses
shall be accompanied by the required fee and shall be made to the
Borough Clerk upon forms provided by him and shall contain the following
information:
a.
Name and permanent and local address and telephone number of the
applicant; if the applicant is a corporation, the name, address and
telephone number 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.
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.
Two (2) photographs of a minimum size of one and one-half inches by
one and one-half (1 1/2 x 1 1/2) inches, not over one (1)
year old, shall be affixed to the application.
[1982 Code § 142-3]
a.
Investigation of Applicant. Each application may be referred to the
Chief of Police or his designate, by the Borough Clerk, if in the
Borough Clerk's discretion such referral is deemed appropriate and
desirable to investigate the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
in a manner where the protection of the public will be safeguarded.
b.
All findings shall be submitted to the Borough Clerk in writing,
and the Borough Clerk may consider the findings in issuing or not
issuing a license.
c.
The Borough Clerk may refuse to issue a license if it is determined
that the applicant's character, ability or business responsibility
is unsatisfactory or its products, services or activity are not free
from fraud.
d.
Otherwise, the Borough Clerk shall issue the license immediately,
provided all required fees have been paid, except in cases where the
approval of the Mayor and Borough Council is required. In the event
of a refusal, the applicant may appeal to the Mayor and Borough Council
for a hearing, in writing, within ten (10) days after notification
of the refusal. The Mayor and Borough Council shall hold its hearing
within ten (10) days thereafter and its decision shall be final.
[1982 Code § 142-4]
Licenses shall be in a form which the Borough Council shall
prescribe by resolution and shall contain the following information:
a.
The name, address and telephone number 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 Borough Council
may require by resolution and/or ordinance.
[1982 Code § 142-5]
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Borough 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 license, the date upon which the 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 Borough Council may require by resolution.
[1982 Code § 142-6]
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.
[1982 Code § 142-7; New]
Every license shall apply only to the person to whom it was
issued, and no license shall be transferable to another person or
corporation. Licenses may be transferred from place to place but only
with the approval of the Mayor and Borough Council by resolution.
No license may be transferred without the filing of the appropriate
application, approval by the Borough Council and payment of the transfer
fee. The fee for the transfer of a license from place to place shall
be twenty-five ($25.00) dollars.
[1982 Code § 142-8]
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight, local time.
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.
[1982 Code § 142-9]
a.
Any license or permit issued by the Borough may be revoked by the
Borough 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 chapter.
4.
Conviction of any offense involving moral turpitudes.
5.
Conduct of the licensed activity, whether by the licensee himself
or by 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.
b.
Whenever a license has been issued immediately upon an application
pending the results of the investigation provided for by this section,
the license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
[1982 Code § 142-10]
Notice of hearing for the revocation of a license or permit
shall be given in writing by the Borough 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 of the notice 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.
[1982 Code § 142-11]
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 Borough
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.
[1982 Code § 142-12]
The Borough Council may issue another license to a person whose
license has been revoked or denied as provided in this section 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.
[1982 Code § 142-13]
The Council may make, by resolution, rules and regulations which
interpret or amplify any provision of this chapter or for the purpose
of administering the provisions of this chapter or making them more
effective. No regulation shall be inconsistent with or alter or amend
any provision of this chapter, and no regulation shall impose any
requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
[1982 Code §§ 142-16, 142-17, 142-18, 142-19]
a.
Payment Prior to Issuance, Reissuance or Renewal of License or Permit.
Any applicant who requests the issuance, reissuance or renewal of
any license or permit issued by, or requiring the approval of, the
Mayor and Borough Council, or of any agency or department of the Borough
which issues permits shall be required to pay any delinquent property
taxes or assessment if he is the owner of the property where the business
or activity is to be conducted.
b.
Revocation or Suspension. Any license or permit issued by the Mayor
and Borough Council, or any permit issued by an agency or department
of the Borough, may be revoked or suspended by the Mayor and Borough
Council when any licensee who is an owner of the property upon which
the licensed business or activity is conducted has failed to pay the
taxes due on the property for at least three (3) consecutive quarters.
c.
Restoration. Upon payment of the delinquent taxes or assessment,
the license or permit shall be restored.
d.
Exception. The provisions of this section shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the Alcoholic
Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[1982 Code § 142-14]
It shall be unlawful for any person to engage in and carry on,
pursue or conduct within the territorial limits of the Borough of
Little Ferry any business, trade, employment, vocation, occupation
or purpose hereinafter specified without first obtaining a license
from the Borough Clerk or duly authorized person. No place, premises
or vehicle shall be used or operated for any of the foregoing purposes
unless a license is first procured. License fees shall be according
to the following table:
|
Business
|
Fee
|
|---|---|
|
a. Auctioneer, except under judicial sales
|
$25.00
|
|
b. Bakers, per vehicle
|
$25.00
|
|
c. Butchers, per vehicle
|
$25.00
|
|
d. Carnivals, fairs, bazaars and other places of
amusement not specifically enumerated herein
|
$250.00*
|
|
e. Dealers in soft beverages, per vehicle
|
$25.00
|
|
f. Drive-in movie
|
$1,000.00
|
|
g. Grocers, per vehicle
|
$25.00
|
|
h. Junk dealers
|
$10.00
|
|
For each vehicle over 1
|
$5.00
|
|
i. Miniature golf course, driving range or similar
device
|
$100.00
|
|
j. Other places of recreation and entertainment
|
$50.00
|
|
k. Parade
|
No fee
|
|
l. Pushcart or pack peddlers
|
$35.00
|
|
m. Roller- or ice-skating rinks
|
$1,000.00
|
|
*NOTE: Charitable, nonprofit, civic and church organizations
domiciled in the Borough, whose works primarily benefit the residents
of the Borough of Little Ferry, are hereby exempt from the payment
of the license fee of two hundred fifty ($250.00) dollars.
|
[1982 Code § 142-15]
a.
Nothing herein shall require the taking out of a license in order
to sell at wholesale or to sell any produce of the seller's farm.
b.
Nothing in this subsection shall apply to or require the payment
of a fee by any charitable or religious society or social organization
where the proceeds from conducting such business or purpose shall
be applied to the payment of the expenses thereof and to the charitable
or religious objects of such society or for the benefit of such social
organization for which the charitable or religious society or social
organization exists; provided, however, that the license for such
business or purpose shall be granted solely by express resolution
of the Borough Council.
[1982 Code § 101-1; Ord. No. 1424-32-14]
All of the fees required to be paid, or payable, under the terms
hereof shall be paid in full if the initial application is made between
January 1st and June 30th of a calendar year. All of the fees required
to be paid, or payable, under the terms hereof shall be one-half (1/2)
of the annual fee if the initial application is made between July
1st and December 31st of a calendar year. All such fees are intended
to be annual fees, but, when paid, shall cover only the balance of
the calendar year during which the same are so paid or payable, unless
otherwise herein provided.
[1982 Code § 101-2; Ord. No. 1041-28-00 § 101-2]
The annual fees for the several licenses, permits or certificate
referred to herein are hereby fixed as follows:
|
Business or Activity
|
Document Required
|
Fee for Each Premises or Establishment
| |
|---|---|---|---|
|
a.
|
Bakery (commercial or retail), wholesale (distribution point)
|
License
|
$60.00
|
|
b.
|
Beverage bottling and/or warehouse
|
License
|
$85.00
|
|
c.
|
Box lunch trucks
|
License
|
$35.00 per vehicle
|
|
d.
|
Butcher (commercial), whole sale (distribution point)
|
License
|
$110.00
|
|
e.
|
Butcher (retail)
|
License
|
$25.00
|
|
f.
|
Confectionery stores and fast-food service (sandwiches, soup,
coffee, etc.)
|
License
|
$40.00
|
|
g.
|
Delicatessens
|
License
|
$40.00
|
|
h.
|
Fish market (retail)
|
License
|
$40.00
|
|
i.
|
Food or beverage processing
|
License
|
$110.00 per premises or establishment; $35.00 per vehicle
|
|
j.
|
Frozen food processing, sale or distribution
|
License
|
$110.00 per license; $35.00 per truck
|
|
k.
|
Fruit and vegetable store
|
License
|
$35.00
|
|
l.
|
Hotels, motels
|
License
| |
|
1 to 25 rooms
|
$35.00
| ||
|
26 to 50 rooms
|
$60.00
| ||
|
51 to 100 rooms
|
$85.00
| ||
|
101 rooms and over
|
$110.00
| ||
|
m.
|
Laundry, launderette, dry-cleaning or dyeing establishments
|
License
|
$40.00
|
|
n.
|
Milk, cream and dairy products processing, sale or distribution
|
License
|
$110.00 per premises or place; $25.00 per vehicle or conveyance
|
|
o.
|
Peddlers (fruit, vegetables, bread, processed foods, eggs, fish
and dairy products)
|
License
|
$35.00 per vehicle or conveyance (No more than five (5) licenses
to be issued per year)
|
|
p.
|
Peddlers (ice cream and ices)
|
License
|
$35.00 per vehicle or conveyance (No more than five (5) licenses
to be issued per year)
|
|
q.
|
Portable bathroom facilities
|
Permit
|
$30.00 per permit; $25.00 per vehicle used for cleaning or emptying
vault or tank
|
|
r.
|
Poultry store (retail)
|
License
|
$35.00
|
|
s.
|
Processed food storage confectionary and handling and distribution
|
License
|
$110.00
|
|
t.
|
Restaurants, luncheonettes, taverns, private clubs and food
concessions (serving food)
|
License
| |
|
1 to 25 seats
|
$40.00
| ||
|
25 to 50 seats
|
$80.00
| ||
|
51 to 100 seats
|
$100.00
| ||
|
101 seats and over
|
$200.00
| ||
|
u.
|
Supermarket
|
License to operate self-service retail market selling foods
and household merchandise
|
$210.00
|
|
v.
|
Vending machines (soda, candy, food)
|
License
|
$5.00 per machine
|
[1982 Code § 101-3]
Whenever a license or permit is required and no specific fee
is established for such license or permit, the fee therefor shall
be forty ($40.00) dollars, payable on issuance of such license or
permit, which shall be for the balance of the calendar year in which
the same is so issued.
[1982 Code § 101-4]
No fee for any permit, license or certificate issued hereunder
shall be required of any person declared by State law to be exempt
from the payment of any such fee.
[1982 Code § 101-5]
For good reason shown, the license fee may be waived or reduced
by the Borough Council in any particular class of cases where the
imposition would work hardship or injustice.
[Ord. No. 1041-28-00 § 101-6]
a.
Upon filing of an application for a peddlers license for the sale
of ice cream or ices, or fruit, vegetables, bread, processed foods,
eggs, fish and dairy products, the Borough Clerk shall refer the same
to the Chief of Police, who shall conduct an investigation and make
a report to be attached to the application along with the chief of
Police's recommendation of approval or disapproval. The application
with the report of the Chief of Police shall be returned to the Borough
Clerk.
b.
The reasons for a recommendation of disapproval by the Chief of Police
shall be if he finds the applicant:
1.
Has been convicted of a crime.
2.
Has been convicted of driving a motor vehicle resulting in death
to any person or of driving a motor vehicle while under the influence
of intoxicating liquor or a narcotic or habit-producing drug.
3.
Has been convicted of violating any Federal or State law relating
to prostitution or the use, possession or sale of narcotic drugs or
intoxicating liquors.
4.
Has been a habitual violator of traffic laws.
5.
Has been a habitual user of intoxicating liquors or narcotic drugs.
6.
Had a New Jersey driver's license or driver's permit suspended or
revoked.
c.
If the application is rejected, the applicant may request a hearing
within thirty (30) days of the denial of the application.
d.
Criminal Background Check. At the time of the application, each licensee
shall submit to a criminal background check to be performed by the
Little Ferry Police Department. The background check shall consist
of the licensee being fingerprinted and the fingerprints being forwarded
to the New Jersey State Police and the State Bureau of Investigation
for a background check.
The applicant shall also submit a money order payable to the
"N.J.S.P. S.B.I." in an amount necessary to cover the cost of the
criminal background check.
[1982 Code § 169-1]
As used in this section:
Shall mean and include any person, whether a resident of
the Borough or not, traveling by foot, wagon, automotive vehicle or
any other type of conveyance from place to place, from house to house
or from street to street, carrying, conveying or transporting goods,
wares, merchandise, meats, fish, vegetables, fruits, food, ice cream,
fruit ices, soda water, garden farm products or provisions, offering
and exposing the same for sale or making sales and delivering articles
to purchasers. The word "peddler" shall include the words "hawker,"
"huckster" and "vendor."
[1982 Code § 169-2]
It shall be unlawful for any person to engage in the business
of peddler, as defined in this section, within the corporate limits
of the Borough, without first obtaining a permit and license as provided
by this section.
[1982 Code § 169-3]
The license fee for a peddler shall be thirty-five ($35.00)
dollars per year per peddler and an additional fifty ($50.00) dollars
for each vehicle used in connection therewith over one (1) vehicle.
No portion of this fee shall be prorated for any part of the year.
[1982 Code § 169-4]
No peddler shall have any exclusive right to any location, nor
shall be permitted to operate in any congested area where his operations
might impede or inconvenience the public. For the purpose of this
section, the judgment of a Police Officer exercised in good faith
shall be deemed conclusive as to whether the area is congested or
the public impeded or inconvenienced.
[1982 Code § 169-5]
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in subsection 4-4.1 before 10:00 a.m. or after 7:00 p.m. or on Sundays or holidays, except for ice cream vendors, who, subject to the time restrictions herein contained, may ply their trade on Sundays.
[1982 Code § 169-6]
It shall be the duty of any Police Officer of the Borough to
require any person seen peddling and who is not known by the Officer
to be duly licensed to produce his peddler's license, and to enforce
the provisions of this section against any person found to be violating
the same.
[1982 Code § 169-7]
a.
This section shall not be construed to include the delivery of milk,
eggs, bread, newspapers or such other necessary and perishable articles
of food or merchandise of the type commonly delivered on a house-to-house
basis at intervals of less than one (1) week.
b.
Federal census takers and polls or surveys taken pursuant to Federal,
State or local laws shall not be prohibited by this section.
c.
Any veteran or volunteer fireman who holds a special license issued
pursuant to N.J.S.A. 45:24-9 shall be exempt from application for
a license but shall be required to comply with all other applicable
sections of this section.
[1982 Code § 169-8]
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to the inspection of
the Board of Health or its authorized agents. Any violation found
and not immediately corrected shall be grounds for revocation of license.
[Added 12-6-2022 by Ord. No. 1580-19-22]
a.
The office
of the Borough Clerk of the Borough of Little Ferry shall prepare
a list of addresses of those premises as to which the owner and/or
occupant has notified that office that soliciting, canvassing, peddling,
itinerant vending, and door-to-door sales enterprises are not permitted
on the premises (hereinafter referred to as the “Little Ferry
No-Knock Registry”). Such notification to the Clerk’s
Office shall be made by completion of a form available online or at
the Borough Clerk’s Office during normal business hours thereof.
The list shall be updated at least monthly and each update shall be
provided to the Police Department of the Borough of Little Ferry.
b.
The office
of the Borough Clerk will provide the Little Ferry No-Knock Registry
to all licensees at the time of issuance of a license to solicit,
peddle, canvass, itinerant vendor otherwise door-to-door sell, pursuant
to the provisions of this chapter. The licensee shall not solicit,
peddle, canvass, itinerant vend or conduct door-to-door sales at any
premises identified on the then-current Little Ferry No-Knock Registry.
c.
Although
the most current list of registrants on the Little Ferry No-Knock
Registry shall be provided by the office of the Borough Clerk, it
is the responsibility of the canvasser, peddler, itinerant vendor,
or solicitor to have the most up-to-date list prior to performing
their business.
d.
Any solicitor, canvasser, peddler, itinerant vendor, or owner or employee of a door-to-door sales enterprise who violates any provision of this section, if convicted, shall be subject to a permanent revocation of any license issued under the within chapter and shall be subject to the penalties provided in Chapter 1, Section 1-5, entitled “General Penalty,” of this Code.
e.
The Little
Ferry No-Knock Registry in no way prohibits door-to-door visits by
religious or political organizations.
[1982 Code § 169-9]
As used in this section:
Shall mean a person, also known as a "canvasser," whether
a resident of the Borough or not, traveling either by foot, wagon,
automobile, motortruck or any other type of conveyance from place
to place, from house to house or from street to street, taking or
attempting to take orders for sale of goods, wares and merchandise,
personal property of any nature whatsoever for future delivery or
for services to be furnished or performed in the future, whether or
not the individual has, carries or exposes for sale a sample of the
subject of the sale, with or without accepting an advance payment
for the goods. The term "solicitor" shall also include any person
who may be taking a poll or a survey from house to house or on the
streets or distributing advertisements or handbills.
[1982 Code § 169-10]
It shall be unlawful for any solicitor or canvasser, as defined
in this section, to engage in the business within the Borough without
first obtaining a license.
[1982 Code § 169-11; Ord. No. 1332-17-11]
This section shall not apply to any person who has obtained a charitable solicitor's permit in accordance with Section 4-6, nor shall it apply to any person involved in religious proselytizing, anonymous political speech and the distributing literature or handbills on behalf of a candidate for public office.
[1982 Code § 169-12]
In addition to the information required by subsection 4-1.2, the application for a solicitor's license shall indicate the place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed and the proposed method of delivery.
[1982 Code § 169-13]
The license fee which shall be charged by the Borough Clerk
for each license shall be thirty ($30.00) dollars.
[1982 Code § 169-14]
The Borough Clerk shall issue to each licensee at the time of
delivery of his license a badge or a certificate on which shall contain
the words "licensed solicitor," the period for which the license is
issued and the number of the license. The badge or certificate shall
be conspicuously displayed by the solicitor at all times.
[1982 Code § 169-15; Ord. No. 1120-27-03]
No soliciting or canvassing activities shall be conducted before
9:00 a.m. nor later than 9:00 p.m., nor on Sundays or holidays.
[Added 12-6-2022 by Ord. No. 1579-18-22]
a.
The office
of the Borough Clerk of the Borough of Little Ferry shall prepare
a list of addresses of those premises as to which the owner and/or
occupant has notified that office that soliciting, canvassing, peddling,
itinerant vending, and door-to-door sales enterprises are not permitted
on the premises (hereinafter referred to as the “Little Ferry
No-Knock Registry”). Such notification to the Clerk’s
Office shall be made by completion of a form available online or at
the Borough Clerk’s Office during normal business hours thereof.
The list shall be updated at least monthly and each update shall be
provided to the Police Department of the Borough of Little Ferry.
b.
The office
of the Borough Clerk will provide the Little Ferry No-Knock Registry
to all licensees at the time of issuance of a license to solicit,
peddle, canvass, itinerant vendor otherwise door-to-door sell, pursuant
to the provisions of this Chapter. The licensee shall not solicit,
peddle, canvass, itinerant vend or conduct door-to-door sales at any
premises identified on the then-current Little Ferry No-Knock Registry.
c.
Although
the most current list of registrants on the Little Ferry No-Knock
Registry shall be provided by the office of the Borough Clerk, it
is the responsibility of the canvasser, peddler, itinerant vendor,
or solicitor to have the most up-to-date list prior to performing
their business.
d.
Any solicitor, canvasser, peddler, itinerant vendor, or owner or employee of a door-to-door sales enterprise who violates any provision of this section, if convicted, shall be subject to a permanent revocation of any license issued under the within chapter and shall be subject to the penalties provided in Chapter 1, Section 1-5, entitled “General Penalty,” of this Code.
e.
The Little
Ferry No-Knock Registry in no way prohibits door-to-door visits by
religious or political organizations.
[1982 Code § 169-16]
As used in this section:
Shall mean and include patriotic, religious, service, welfare,
benevolent, educational, civic or fraternal corporations, organizations,
associations, societies and the like.
Shall mean and include the words "alms," "food," "clothes,"
"money," "subscription" and "property" of any nature or kind.
Shall mean any individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league.
Shall mean the request, directly or indirectly, of money,
credit, property, financial assistance and other things of value on
the plea or representation that such money, credit, property, financial
assistance or other things of value will be used for a charitable
and philanthropic purpose, as defined in this section. "Solicitation"
shall be deemed to be complete when made, whether or not the person
making the "solicitation" receives any contribution.
[1982 Code § 169-17]
No person or organization shall solicit charitable and philanthropic
contributions within the Borough without first having obtained a permit
authorizing public solicitations; provided, however, that the provisions
of this subsection shall not apply to any established person or organization
authorized and not operated for the pecuniary profit of any person
if the solicitations by such person or organization are conducted
among the members thereof or if the solicitations are in the form
of collections or contributions at the regular assembly or meetings
of any such person or organization.
[1982 Code § 169-18]
a.
Application for a permit to make a public solicitation of funds by
charitable and philanthropic organizations shall be made to the Borough
Clerk upon forms provided by the Borough.
b.
In addition to the information stipulated in subsection 4-1.2, the application herein required shall contain the following information:
1.
The purpose for which the solicitation is to be made and the estimated
amount of funds proposed to be raised thereby.
2.
A specific statement showing the need for the solicitation.
3.
The name and address of the person or persons who will be in direct
charge of conducting the solicitation.
4.
The names and addresses of all persons making the proposed solicitation.
5.
A brief outline of the method to be used in conducting the solicitation.
6.
The time and dates when the solicitations shall be made, giving preferred
dates and alternate dates for the beginning and ending of the solicitation.
7.
The amount of any wages, fees, commissions or expenses to be paid
to any person or organization for conducting the solicitation and
the names and addresses of all such persons.
8.
A full statement of the character and extent of the charitable and
philanthropic work conducted by the applicant within the Borough.
9.
A statement to the effect that, if the permit is approved, it will
not be used or represented in any way as an endorsement of the proposed
solicitation by the Borough or by any of its officers or departments.
c.
If while the application is pending or during the term of any permit
granted thereunder, there is any change in fact, policy or method
that would alter the information given in the application, the applicant
shall notify the Borough Clerk in writing within twenty-four (24)
hours after the change.
[1982 Code § 169-19]
The investigation which may be required under subsection 4-1.3, shall be limited to that sufficient for the Chief of Police or his designate to make a determination that the person or organization is bona fide. Upon making such a determination, the Chief of Police or his designate shall so notify the Borough Clerk.
[1982 Code § 169-20]
If the application shall be approved, the Borough Clerk shall
immediately notify the applicant of the approval and issue the permit
without charge. If the application is disapproved, a notification
of that decision shall immediately be sent to the applicant by the
Borough Clerk, stating the reasons for the disapproval.
[1982 Code § 169-21]
If the application has been disapproved, the applicant may appeal
the decision to the Mayor and Borough Council by filing a written
notice of appeal with the Clerk within ten (10) days after the notice
of disapproval. The Council shall hold its hearing within ten (10)
days thereafter and its decision shall be final.
[1982 Code § 169-22]
a.
It shall be the duty of the Borough Clerk to keep a current calendar
of approved solicitations to be conducted within the Borough.
b.
The Borough Clerk shall have the right to propose alternate dates
for the solicitation if the requested dates should unfairly conflict
with other solicitations being conducted within the Borough.
[1982 Code § 169-23]
There shall be no fee payable to the Borough for any charitable
and philanthropic solicitation permit.
[1982 Code § 169-24]
No permit may grant the right to solicit for a period longer
than ninety (90) consecutive days.
[1982 Code § 169-25]
Any person or organization receiving money or any other thing
of a value of one ($1.00) dollar or more from any contributor under
a solicitation made pursuant to this section shall give to the contributor
a written receipt signed by the solicitor, showing the date and the
amount received. This section shall not apply to any contribution
collected by means of a closed box or receptacle used in solicitation,
where the use thereof has been approved by the Borough Council, where
it is impractical to determine the amount of each contribution.
[1982 Code § 169-25; Ord. No. 1120-27-03]
All solicitations conducted under the authority of this section
shall take place between the hours of 10:00 a.m. and 9:00 p.m., and
no solicitations shall be conducted on Sundays. Any person or organization
desiring to solicit at hours other than those stated herein shall
make special request therefor on his or its application and this special
request shall be approved or disapproved by the Borough Council. If
approval is given by the Borough Council for solicitation to be conducted
at a time other than the hours stated in this section, the approval
shall be plainly stamped on the permit issued by the Borough Clerk.
[1982 Code § 112-1]
In view of the problems associated with policing the purity
or healthfulness of food sold and cooked by transient vendors in the
Borough of Little Ferry, the following regulations are deemed necessary
by the Board of Health.
[1982 Code § 112-2]
As used in this section:
Shall mean the Health Officer or other official authorized
by the Board of Health to enforce this section, and also all members
of the Police Department, the Construction Official and subcode officials.
[1982 Code § 112-3; Ord. No. 1328-13-11]
a.
No person shall be granted a license permitting the sale of freshly
cooked and/or uncooked hot dogs, frankfurters or other food which
is either cooked or uncooked and sold from a movable or portable van
or stand in the Borough of Little Ferry.
b.
Nothing contained in this section shall be meant to prohibit the
sale of foods prepared for sale by caterers on their premises and
then sold in closed or sealed containers or wrappers by the caterers.
c.
Nothing contained in this section shall be construed to revoke any
existing licenses for food vendors or prohibit the renewal or reissue
of the licenses.
d.
The Borough Council may authorize concessions as per the competitive
contracting procedures of the Local Public Contracts Law.
[Ord. No. 1064-1-02 § 1]
A code regulating retail food handling establishments, providing
for the inspection of such establishments and finding penalties for
violations, is hereby established pursuant to N.J.S.A. 26:3-69 to
69.6. A copy of the Code is annexed hereto and made a part hereof
without the inclusion of the test thereof herein.[1]
[Ord. No. 1064-1-02 § 2]
The Code established and adopted by this section is in addition to the New Jersey Sanitary Code, Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments and is referred to in same.
[New]
No person shall maintain, operate or conduct a retail food establishment
including a restaurant, diner or any other establishment selling or
serving food to the public in the Borough unless such person shall
hold a valid license issued pursuant to the terms of this section.
[Ord. No. 1064-1-02 § 4A,
B, C]
a.
No retail food establishment including restaurants, diners and any
other establishments selling or serving food to the public in the
Borough of Little Ferry shall be granted a Retail Food Establishment
License unless the owner, manager or employee in charge of other employees
serving food on each particular shift has successfully completed a
course prescribed by the Little Ferry Board of Health pertaining to
health education, sanitation, personal hygiene, food poisoning, dishwashing
procedures, germs, insects and rodents, and other health related matters.
There are two (2) such courses: an 18-Hour Food Manager's Certification
Course and a 3-Hour Food Handlers Course. The owner, manager or employees
in charge of other employees serving food on each particular shift
must possess a current certificate of satisfactory completion of the
course. The owner, manager and employees in charge of other employees
serving food on a particular shift shall have completed a 3-Hour Food
Handlers Course. The certificate of satisfactory completion of the
3-Hour Food Handlers Course shall be effective for two (2) years from
the date of its issuance and shall be a prerequisite to any license
being issued to a retail food establishment after the appropriate
fee has been paid.
b.
1.
Each
owner, or key management personnel actively involved in the daily
operation of a retail food establishment where food is prepared is
required to take the first available 18-Hour Food Manager's Certification
Course and employees in charge of other employees serving food on
each particular shift shall complete the first available 3-Hour Food
Handlers Course.
2.
Where an owner, manager or employee in charge of other employees
serving food on each particular shift has not completed the 3-Hour
Food Handlers Course as set forth in paragraph a above, the Little
Ferry Board of Health may issue a temporary retail food license which
shall expire on March 31 of the year the temporary license is issued.
For the issuance of such a temporary retail food license, the retail
food establishment shall pay the normal fee charged for the permit
together with a special surcharge for the temporary retail food license
in the amount of fifty ($50.00) dollars. No part of the surcharge
shall be returned. The surcharge shall be used for the sole purpose
of administering this section on those retail food establishments
whose owner, manager or employee in charge of other employees serving
food on each particular shift has not successfully completed the 3-Hour
Food Handlers Course.
c.
Each new owner of a retail food establishment where food is prepared
is required to take the first available 18-Hour Food Manager's Certification
Course and employees in charge of other employees serving food on
a particular shift must take the 3-Hour Food Handlers Course. The
Little Ferry Board of Health shall issue a temporary retail food license
which shall remain in effect for ninety (90) days from the date of
its issuance or until the required 18-Hour Food Manager's Certification
Course and 3-Hour Food Handlers Course has been given and satisfactorily
completed. For the issuance of such a temporary retail food license,
the retail food establishment shall pay the normal fee charged for
the permit together with a special surcharge for the temporary retail
food license in the amount of fifty ($50.00) dollars. No part of the
surcharge shall be resumed.
[Ord. No. 1064-1-02 § 4
D]
If there is no owner, manager or employee in charge of other
employees serving food to others on each particular shift who has
satisfactorily completed the 18-Hour Food Manager's Certification
Course or 3-Hour Food Handlers Course in accordance with this section
then the retail food establishment shall be issued a summons to appear
before the Judge of the Municipal Court to answer the violation.
[Ord. No. 1064-1-02 § 4E]
a.
Unsatisfactory Rating. Any retail food establishment which receives
an "Unsatisfactory" rating from the appropriate official inspecting
the premises shall immediately cease from serving any food or similar
products until the licensee has received a "Satisfactory" rating from
the Inspector conducting such inspections.
b.
Conditional Satisfactory Ratings. Any retail food establishments which receives two (2) conditional satisfactory ratings within any one (1) year period shall have its owner or manager appear at the next meeting of the Little Ferry Board of Health to show cause why its license shall not be suspended for failing to operate its premises in accordance with Chapter 12 of the New Jersey Sanitary Code. The conditional satisfactory shall be posted on the premises for such time as the Board of Health and/or inspector believes it is necessary for the preservation of the public health and safety. In addition, its owner or manager must take and satisfactorily complete the next available 18-Hour Food Manager's Certification Course. Failure of the establishment to adhere to this rule by the licensing time of the subsequent year, will result in a surcharge of five hundred ($500.00) dollars on the new license.
[Ord. No. 1064-1-02 § 4F]
Each licensee shall pay a license fee for the issuance of a
license to operate a retail food establishment or other business in
the Borough of Little Ferry as follows:
|
SCHEDULE OF LICENSE FEES
| ||
|---|---|---|
|
Food Handling Establishments
| ||
|
Bakery
| ||
|
Cafeteria/Industrial Cafeteria
| ||
|
Deli
| ||
|
Institutions
| ||
|
Mobile Vending
| ||
|
Movie Concession
| ||
|
Packaged Food Store
| ||
|
School
| ||
|
Stationary Store
| ||
|
(Based on seating capacity)
| ||
|
0-50 $25.00
|
51-100 $50.00
|
Over 100 $100.00
|
|
Nonprofit Organizations
| ||
|
$25.00
| ||
Senior Citizen establishments and activities in Borough owned
building and religious institutions are exempt from the fees imposed
under this section.
[Ord. No. 1064-1-02 § 4G]
A retail food establishment license issued under the provisions
of this section shall expire annually on December 31 of each year
and application for renewal thereof shall be submitted together with
the required fee prior to February 1 of each year. Failure to obtain
a license for the new year by January 31 will result in a surcharge
(late fee) of five hundred ($500.00) dollars.
[Ord. No. 1064-1-02 § 4H]
A retail food establishment license issued by another Board
of Health is not transferable as to another license.
[Ord. No. 1064-1-02 §§ 4I]
a.
As concerns nonprofit organizations, whenever food is being prepared
at any of these facilities, a temporary permit, exempt from fees,
must be obtained from the Board of Health two (2) weeks prior to the
date of the function. In order to obtain this permit, the following
information must be provided: date and length of function; type of
food being prepared; and approximate number of people being served.
b.
Each nonprofit organization which prepares and serves food, in addition
to the matters set forth above in paragraph a., should have someone
from their organization take the 3-Hour Food Handlers Course.
[Ord. No. 1064-1-02 § 4K]
Nursery schools preparing food or representatives of the nursery
school preparing food must take the 3-Hour Food Handlers Course.
[Ord. No. 1064-1-02 § 5]
Any person who violates any provision of, or order promulgated under, this section shall upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5 with a minimum penalty of not less than one hundred ($100.00) dollars for each violation. Each day a particular violation continues shall constitute a separate offense.
[Ord. No. 1074-11-02 § 1; Ord. No. 1082-19-02 § 1]
It shall be unlawful for any person, firm, partnership, corporation,
association or organization of any kind, hereinafter collectively
referred to as "person," to film or tape any commercials, movies,
advertisements, shows, or other productions intended for public viewing
and/or display by professional crews upon any residential or nonresidential
premises in the Borough of Little Ferry (other than such premises
which may have been approved for that single principal purpose in
accordance with the Land Use Ordinances of this Borough, such as a
filming studio) unless such person shall hold a currently valid license
issued pursuant to the terms of this section.
[Ord. No. 1074-11-02 § 2]
The application for the license required herein shall be made
to the Borough Clerk under the signature of the applicant. The application
shall contain the following:
a.
The name, residence address and telephone number of each individual,
owner, partner or if a domestic corporation, the names, residence
addresses and telephone numbers of the directors and officers owning
a ten (10%) percent or greater interest in the corporation and the
chief operating executive of the corporation and if a nondomestic
corporation, the name, residence addresses and telephone number of
the managing officer for services of process within the State of New
Jersey and a copy the qualifications of the nondomestic corporation
to conduct business in the State of New Jersey.
b.
A copy of the trade, corporate, business or fictitious name upon
which the applicant intends to do business pursuant to this section.
c.
The address and description of the place where the applicant intends
to undertake the filming or taping.
d.
The name and address of the person who owns the premises, if other
than the applicant, and the written consent of the owner of the premises
to the application.
[Ord. No. 1074-11-02 § 2]
A fee payable to the Borough of Little Ferry in the sum of five
hundred ($500.00) dollars for the first day of licensing and one hundred
fifty ($150.00) dollars for each additional day thereafter, together
with an escrow in the sum of five hundred ($500.00) dollars to abide
any costs and expenses incurred by the Borough as a result of such
undertaking in addition to the administration expenses of the Borough
in enforcing the terms of this section.
[Ord. No. 1074-11-02 § 3; Ord. No. 1375-04-13]
The Borough Clerk shall review the application for completeness
and for compliance with the terms of this section. If the application
is incomplete, the application shall be deemed denied and the Clerk
shall return it to the applicant, who shall complete the same and
return it within ten (10) days. Upon completion, the Clerk shall issue
a license valid for the period sought but for no longer than five
(5) days upon any single application in response to an application
found to be complete and truthful after the Clerk receives from the
applicant proof of the following:
a.
That the Chief of Police or his designee has reviewed the application
and has determined that the conduct for which a license is sought
shall not cause any disturbance in the peace and good order of the
neighborhood nor result in any detriment to the safety or welfare
of the general public nor interfere with or create a hazard in respect
to vehicular or pedestrian traffic; in the event that the application
is found objectionable by the Chief of Police or his designee but
such objection can be lawfully addressed by the applicant. The Chief
of Police may nevertheless approve the application, subject to any
reasonable condition to be performed at the sole cost and expense
of the applicant as may be deemed necessary to eliminate such objection,
and shall further estimate the cost of such condition and require
that the Borough Clerk collect from the applicant an escrow in the
sum of one hundred fifty (150%) percent of that estimated cost to
secure the faithful performance of that condition by the applicant.
b.
That the Zoning Enforcement Officer of the Borough certifies that
the proposed conduct for which the license is sought conforms to the
conditions of the Zoning Code of the Borough and will not interfere
with the permitted uses of the subject premises.
c.
That the applicant provides a comprehensive general liability policy
issued to such person by a public liability insurance company authorized
to do business in the State of New Jersey affording the coverage set
forth below in the amount specified.
1.
Such insurance policy shall name the Borough of Little Ferry, its
agent, officers, servants, representatives and employees as additional
insured's with respect to the undertaking in the following amounts:
(a)
Commercial general liability insurance coverage, written on
an occurrence basis, and must not be altered by any endorsements limiting
coverage. Limits of liability shall not be less than the following:
$2,000,000 General Aggregate per location/per job
$2,000,000 Products/Completed Operations
$1,000,000 Personal Injury and Advertising Injury Limit
$1,000,000 Each Occurrence Combined Single Limit Bodily Injury
and Property Damage
(b)
Worker's Compensation insurance in accordance with the laws
of the State of New Jersey and other states where work is being performed.
The contractor shall also have and maintain Employers Liability Insurance
as well as USL&H and Jones Act coverage where applicable.
(c)
Comprehensive Automobile Liability insurance covering the use
of all owned, non-owned, hired or leased automobiles with limits of
liability not less than one million ($1,000,000.00) dollars combined
single limit for bodily injury and property damage. Coverage should
include uninsured and underinsured motorist at limits no less than
the minimum statutory limits.
(d)
The applicant has filed with the Clerk an agreement and agrees
to release, indemnify and hold harmless the Borough of Little Ferry
including their agents, officers, servants, representatives and employees
against any and all loss, damage, liability, judgment or demand including
attorney fees and defense costs which arise out of injuries to persons,
including death, or damage to property as of result of or related
in any way to the operation for which the license is issued.
2.
The insurance coverage required by this subsection shall at all times
be maintained in the full amount. The policy of insurance required
by this subsection, to be filed with the Borough Clerk shall contain
a clause obligating the company issuing the same to give not less
than thirty (30) days' written notice to the Borough Clerk before
cancellation or amendments of any of the terms thereof. Notice of
cancellation shall not relieve the company issuing such policy of
liability for any injury or claim arising before the cancellation
becomes effective. The cancellation of any such policy shall have
the immediate affect of suspending the license of such person to film
or tape covered thereby until a new policy complying with the provisions
of this subsection is filed with the Borough Clerk and a letter, in
writing, confirming the new effective date of the license is issued
by the Borough Clerk.
3.
The policy shall contain a provision for continuing liability thereunder
to the full amount thereof notwithstanding any recovery thereon, that
the liability of the insured shall not be affected by the insolvency
or the bankruptcy of the insured and that until the policy is canceled
the insurance company will not be relieved from liability on account
of nonpayment of premium or of any act or omission by the named insured.
Such policy of insurance shall be further conditioned for the payment
of any and all judgments up to the limits of such policy.
[Ord. No. 1074-11-02 § 4]
The Borough Clerk is hereby empowered to revoke any license
issued hereunder upon written notice personally delivered to the applicant
or the subject premises, which notice shall set forth the grounds
for such suspension, if the Borough Clerk determines that the operation
fails to comply with any of the requirements contained or referred
to herein. If the applicant chooses to contest such suspension, the
Mayor and Borough Council shall hear such contest at its next regularly
scheduled public meeting upon written notice thereof setting forth
the grounds for the contest and delivered to the Borough Clerk no
later than ten (10) days prior to that public meeting; the Mayor and
Borough Council shall thereupon hear and determine whether such suspension
was appropriate, determine whether suspension shall be continued and
determine whether sufficient grounds exist to permanently revoke the
license. The filming or taping after the suspension or revocation
of its license is unlawful and every day that it is so conducted shall
constitute a separate offense.
[Ord. No. 1074-11-02 § 4A]
The filming or taping of commercial movies, advertisements,
shows or other such productions intended for public viewing and/or
display by professional crews upon any premises in the Borough of
Little Ferry is restricted as set forth below.
a.
In any residential zone, no premises shall be so used unless such
an undertaking is limited to the interior of a permanent structure
upon such premises, unless such premises is otherwise regularly occupied
as a residence in a lawful manner and continues to be so occupied
during that undertaking and unless between the hours of 8:00 a.m.
and 11:00 p.m. The motor vehicles used in connection with such undertaking
must be parked upon the subject premises between the aforesaid hours
and in the manner permitted under this section for other motor vehicles
or upon the public streets between the aforesaid hours but only directly
in front of the subject premises and only as otherwise permitted by
law or ordinance.
b.
In any other zone, no premises shall be so used unless during the
hours otherwise permitted under this section for the conduct of the
regular business upon such premises and unless such undertaking has
been approved by the Chief of Police or his designee licensed in accordance
with the provisions of this section.
c.
Nothing herein contained shall in any way apply to or restrict the
unscheduled filming or taping of news or public interest productions
pertaining to matters of immediate public concern or to the filming
or taping for private viewing or display.
[Ord. No. 1074-11-02 § 5]
Any person violating any provision of this section shall, upon
conviction, be subject to a fine not exceeding one hundred ($100.00)
dollars for each offence or imprisonment for a period not exceeding
ninety (90) days, or both, at the discretion of the court imposing
sentence pursuant to N.J.S.A. 40:95-5. Each day a violation occurs
or is committed shall constitute a separate offense.
[1982 Code § 69-13]
It shall be unlawful for any public dance hall, public assembly
hall, nightclub, cabaret, theater, movie house, social club, restaurant
and/or any person, partnership or corporation holding a plenary retail
consumption license occupying any building, buildings or parts of
buildings to furnish in or on those premises occupied by the aforesaid
establishments entertainment of any kind or nature, whether or not
an admission charge, cover fee or minimum is charged, without first
obtaining a license therefor from the Mayor and Borough Council. The
license shall be required whether the entertainment is to be performed
on a one-time, sporadic or regular basis. It is the obligation of
the person, partnership, corporation or entity holding the plenary
retail consumption license to obtain this entertainment license.
[1982 Code § 69-14]
No licensee shall engage in or shall allow, permit or suffer
any person employed to perform dancing or other entertainment in or
upon the licensed premises or to carry on any part of such dancing
or other entertainment in a lewd, licentious or lascivious manner.
[1982 Code § 69-15]
No licensee shall engage in or shall allow, permit or suffer
any person to appear on the premises of any establishment licensed
for entertainment in any act, scene, sketch or other form of entertainment,
including dancing, for the benefit of patrons, with either or both
breasts or the lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered, such as in the manner of topless
or bottomless dancing.
[1982 Code § 69-16]
No licensee shall employ, allow, permit or suffer any waitress,
waiter, bartender, barmaid or any other person employed by the licensee
for a purpose other than providing entertainment, if such person comes
in contact with or is likely to come in contact with the patrons of
the licensed establishment, to appear in the presence of such patrons
with either or both breasts or the lower part of the torso uncovered
or so thinly covered or draped so as to appear uncovered.
[1982 Code § 69-17]
No licensee shall engage, employ, allow, permit or use entertainers
under the age of eighteen (18) years.
[1982 Code § 69-18]
No licensee shall employ, allow, permit or suffer in and upon
the licensed premises any person to perform for hire or for the entertainment
of patrons any dances, ballet, acrobatics or public performances of
any kind which:
[1982 Code § 69-19]
a.
Any person desiring a license under this section shall file with
the Borough Clerk an original and four (4) copies of an application
under oath, in writing, on a form furnished by the Borough Clerk.
b.
The application shall set forth the following information:
1.
The applicant's name, business name and business address.
2.
Whether the applicant is an individual, a partnership, a corporation
or another entity and, if another entity, a full explanation and description
thereof.
3.
If the applicant is an individual, the applicant's residence address
and date and place of birth.
4.
If the applicant is a partnership, the full names, residence addresses,
dates and places of birth of each partner.
5.
If the applicant is a corporation or other entity:
(a)
In the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
registered agent and the address of the principal office. [The term
"stockholder," as used herein, means and includes any person owning
or having an interest, either legal or equitable, in ten (10%) percent
or more of the stock issued and outstanding of the applicant corporation.]
(b)
In the case of another entity, the full names, residence addresses,
dates and places of birth of each person owning or having an interest,
either legal or equitable, aggregating in value ten (10%) percent
or more of the total capital of the entity, the name and address of
the registered agent, if any, and the address of the principal office.
6.
Whether the applicant or any partners, officers or stockholders listed
pursuant to paragraphs 3, 4 or 5 above have ever been arrested or
convicted of a crime and, if so, the name of the person arrested or
convicted, the date of arrest, the crime or charge involved and the
disposition thereof.
7.
The number of plenary retail consumption licenses held by the applicant.
8.
The applicant shall provide in the application a specific description
of the nature and type of entertainment to be provided on the licensed
premises.
c.
Upon receipt of such application, the Borough Clerk shall submit
the same to the Police Department, the Building Department and the
Health Department for reports with reference to the compliance or
noncompliance of the licensed premises with municipal and State rules,
regulations, statutes and ordinances and the truth of the matters
contained in the application.
d.
Upon receipt of such application and reports, the Borough Clerk shall
submit the same to the Mayor and Borough Council for its consent and
approval.
e.
The Borough Council shall consent to and approve the issuance of
such permit, unless it reasonably finds that the applicant's character
and business responsibility are not satisfactory; that a violation
of municipal or State rules, regulations, statutes and ordinances
exists; that untrue matters are contained in the application for the
license; that the issuance of the license will tend to create a nuisance;
or that the issuance of such license will adversely effect the good
government, order and protection of persons and property and the preservation
of the health, safety and welfare of the Borough of Little Ferry and
its inhabitants. The Borough Council shall determine that the applicant's
character and business responsibility are satisfactory, unless the
application, the reports of the various departments or other evidence
presented shall tangibly disclose any of the following:
1.
Conviction of a crime involving moral turpitude or offenses of public
indecency.
2.
Prior violations of statute, ordinances or regulations relevant to
the furnishing of entertainment.
3.
Prior violations of Alcoholic Beverage Control regulations, N.J.A.C.
13:2-23.5, 2-23.6, 2-23.7 or 2-23.14.
4.
Conviction for a crime or disorderly persons offense involving gambling.
5.
Concrete evidence of bad character.
6.
Grounds similar to those listed above which would reasonably cause
the Borough Council to determine that the character and business responsibility
of the applicant or any partner, officer or stockholder thereof is
not satisfactory.
f.
Upon the consenting approval of the Mayor and Borough Council to
the issuance of a license, the Borough Clerk shall issue the same;
subject, however, to such appropriate conditions and safeguards, if
any, consistent with the intent and purpose of and reasonably necessary
to accomplish the objectives of this section and the statutory authority
for the same as may be imposed by the Governing Body.
[1982 Code § 69-20]
Any license issued under this section may be revoked by the Borough Council if the Borough Council shall determine that there are reasonable grounds upon which to revoke any such license, such grounds being the same grounds upon which the Council may refuse to consent to and approve the issuance of such license as set forth in subsection 4-10.7 above. It shall cause a notice to be served, in writing, upon the licensee or other person in charge of the premises for which such license has been issued, citing the licensee to appear before the Borough Council at the time and place designated in the notice to show cause why such license should not be revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The hearing shall be not less than ten (10) days from the date of service of the notice. The licensee shall be afforded a hearing before the Borough Council prior to the final revocation of the license.
[1982 Code § 69-21; Ord. No. 1143-20-04]
The fee for the entertainment license shall be two hundred ($200.00)
dollars per year or any part thereof. The fee shall accompany the
application for the license. All licenses shall run from July 1 and
expire on June 30 of the next succeeding year of their issuance.
[Ord. No. 1131-08-04 § 142-20]
As used in this section:
Shall mean and include any of several games played on an
oblong table surrounded by elastic ledges or cushions with balls impelled
by a cue.
Shall mean any room, enclosure, area or place where billiards
or pool is played.
[Ord. No. 1131-08-04 § 142-21]
No person, persons, firm, association, club or corporation shall
maintain, operate, conduct or pursue the business or occupation of
keeping any public room or place wherein the games, commonly known
as pool or billiards, are played without having first obtained a license
therefor.
[Ord. No. 1131-08-04 § 142-22; Ord. No. 1141-18-04 § 142-22]
An application for license shall be filed with the Borough Clerk
on forms to be furnished by the Borough Clerk which forms shall include,
but not be limited to, the following information:
a.
Name and address of applicant.
b.
In the case of a partnership, the names and addresses of all partners.
c.
In the case of a corporation, names and addresses of all officers,
directors, and all stockholders holding ten (10%) percent or more
of the outstanding shares of the corporation.
d.
In the case of clubs or associations, the names and addresses of
all officers.
e.
Whether or not the person or persons named in the application have
ever been convicted of crime, and if so, the particulars thereof.
f.
The location of the premises to be licensed.
g.
The number of pool tables and/or billiard tables to be located on
the premises to be licensed.
h.
The approximate size, type and nature of the building or structure
to house the pool or billiard tables. Applicant shall provide with
the application a floor plan depicting all pool or billiard tables,
counters, rooms, bathrooms, closets and the like.
i.
Name, address and age of all agents, servants, employees who shall
be employed at the licensed premises.
[Ord. No. 1131-08-04 § 142-23]
a.
All licenses herein provided for shall be issued by the Borough Clerk,
after filing of the application and the payment of the license fee
hereinafter provided for. All such licenses shall be valid from the
date of issuance until the 31st day of December of the year for which
issued, unless sooner revoked.
b.
Such licensee shall bear the date of issue, the name of the licensee,
the purpose for which issued and the location of the room or building
wherein the licensee is authorized to carry on and conduct any such
business.
c.
The executor or administrator of the estate of a deceased licensee
shall have the right to continue the operation of the business under
such license.
[Ord. No. 1131-08-04; Ord. No. 1255-14-08]
The annual fees to be paid for a license pursuant to this section
are hereby fixed as follows:
[Ord. No. 1131-08-04 § 142-25]
Any pool or billiard parlors now being conducted and covered
by this section which are not licensed shall be licensed in accordance
herewith and the person conducting the same shall be given thirty
(30) days after final passage of this section in which to secure the
license.
[Ord. No. 1131-08-04 § 142-26]
Each license issued shall apply only to the person, form or
corporation specified therein and shall not be transferable to any
other person, firm or corporation or to any other place or location
other than that shown or set forth in the license.
[Ord. No. 1131-08-04 § 142-27]
The license herein provided for shall be posted and displayed
in a conspicuous place in the pool or billiard parlor or such other
place where the business of playing billiards or pool is conducted
under such license.
[Ord. No. 1131-08-04 § 142-28]
No license hereunder shall be issued to any applicant, if such
applicant or an officer, director or ten (10) percent shareholder
of such applicant shall have been convicted of a crime involving moral
turpitude or contributing to the delinquency of a minor.
[Ord. No. 1131-08-04 § 142-29]
The Borough Council may suspend or revoke the license of any
licensee on any one or more of the following grounds:
a.
Conviction of a crime involving moral turpitude or contributing to
the delinquency of a minor.
b.
If the license was procured by fraudulent conduct or false statement
of a material fact or if a fact concerning an applicant was not disclosed
at the time of filing the application where such fact would have constituted
just cause for refusing to issue the license.
c.
Permitting or suffering any activity upon the licensed premises which
is or may be detrimental to the public health, safety, welfare or
morals.
d.
Violation of any of the provisions of this section.
|
In all cases written notice of the charge or charges and the
time and place of hearing therein by the Borough Council shall be
served on the licensee either in person or by certified or registered
mail addressed to the licensed premises. No revocation or suspension
shall occur unless the licensee shall have been afforded an opportunity
to be heard in his defense.
|
[Ord. No. 1131-08-04 § 142-30]
In the event any license is suspended or revoked pursuant to subsection 4-11.10, neither the license fee nor any portion thereof shall be returned to the licensee.
[Ord. No. 1131-08-04 § 142-31; Ord. No. 1141-18-04 § 142-31]
Any premises which shall be declared to be unsafe by the written
report of the Building Inspector, Construction Code Official or Fire
Subcode Official or Fire Chief shall be deemed to be ineligible for
a license.
[Ord. No. 1131-08-04 § 142-32]
No license shall be issued for the operation of a pool or billiard
parlor which is located within five hundred (500) feet of any entrance
to a school, church or publicly owned building.
[Ord. No. 1131-08-04 § 142-33]
The hours of operation of a pool or billiard parlor shall be
as follows:
[Ord. No. 1131-08-04 § 142-34]
a.
No licensee shall knowingly allow a minor under the age of eighteen
(18) years, unaccompanied by a parent or guardian, to play pool or
billiards on the license premises or to frequent or lounge or congregate
or gather in such room or place. The licensee has an affirmative obligation
to check the age of patrons and to seek positive identification.
b.
It shall be the duty of the licensee to post conspicuously on the
licensed premises the following sign:
"Minors under the age of eighteen (18) years not allowed here"
[Ord. No. 1131-08-04 § 142-35]
In no event shall card playing be permitted on the premises
licensed under this section, even if such card playing is for social
purposes.
[Ord. No. 1131-08-04 § 142-36]
No licensee shall permit or allow any person to play pool or
billiards or similar games for money or any other valuable consideration
or in any manner permit gambling in the licensed premises.
[Ord. No. 1131-08-04 § 142-37]
No person shall drink or otherwise consume, or offer to another
person for the purpose of consumption in any pool or billiard parlor
licensed pursuant to this section, any alcoholic beverage.
[Ord. No. 1131-08-04 § 142-38]
No licensee or agent, servant or employee of a licensee shall
engage in or allow, permit or suffer upon the licensed premises:
[Ord. No. 1131-08-04 § 142-39]
All pool or billiard tables shall be on the street floor of
the licensed premises and shall be so lighted that the full view of
the interior may be had from the public thoroughfare; provided, however,
that a curtain or other means of screening may be used on windows
or doors of the premises to a height of five (5) feet from the exterior
sidewalk level of the premises; provided however that the screening
shall not obstruct or prevent the view or examination of the interior
of the premises by a Police Officer or any inspection by any other
officer of the law.
[Ord. No. 1131-08-04 § 142-40]
This section shall not apply to any religious, charitable, benevolent
or nonprofit association or corporation which operates or maintains
any pool or billiard table solely for the recreation and amusement
of its members, provided such organization is bona fide in character
and is not intended as a means or devise for evading the terms and
provisions of this section; nor shall this section apply to the keeping
of any pool or billiard table in private residences; nor shall this
section apply to any establishment having no more than one (1) coin-operated
pool or billiard table less than regulation size.
[Ord. No. 1131-08-04 § 142-41]
Except as otherwise herein provided, this section shall be enforced
by the Police Department.
[Ord. No. 1131-08-04 § 142-42;
New]
Any person, firm or corporation who violates any provision of this section or fails to comply with the same, upon conviction thereof shall be liable to the penalty stated in Chapter 1, Section 1-5. A separate offense shall be deemed committed on each day during and on which the violation occurs upon conviction in any court having competent jurisdiction.
[Ord. No. 1131-08-04 § 142-43]
The number of licenses issued or to be issued under the provisions
of this section shall not exceed two (2) for every twenty thousand
(20,000) residents of the Borough, according to the last census.
[Ord. No. 1050-9-01 § 2; Ord. No. 1306-16-10]
For the purposes of this section, certain words are defined
as set forth in Public Law 1999, c. 19, and more specifically as follows:
Shall mean any systems of activity of structured touch which
include, but are not limited to, holding, applying pressure, stroking,
kneading, positioning and mobilizing soft tissue of the body by manual
technique and use of visual, kinesthetic, auditory and palpating skills
to access the body for purposes of applying therapeutic massage, bodywork
or somatic principles. Such application may include, but is not limited
to, the use of therapies such as heliotherapy or hydrotherapy, the
use of moist hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
analysis of posture, movement and neural myofacial education and education
in self-care and stress management. This definition shall not include
the providing of chiropractic and medical services by a licensed professional.
Shall mean a person who practices or administers massage
and/or somatic therapy. Massage and/or somatic therapists shall not
diagnose or treat classified diseases, nor practice spinal or other
joint manipulation.
[Ord. No. 1306-16-10]
It is hereby declared that the business of operating a massage
and/or somatic therapies business as defined in this section is a
business affecting the public safety and general welfare.
[Ord. No. 1306-16-10]
It shall be unlawful for any person to engage in the massage
and/or somatic therapies business without a permit, in violation of
any requirements set forth in this section or any regulation issued
pursuant thereto.
[Ord. No. 1050-9-1 § 2; Ord. No. 1306-16-10]
No person shall be engaged or employed (every business entity
and each person employed by such entity shall be required to obtain
a license) in the Borough of Little Ferry as a massage or somatic
therapist for which any form of compensation is charged or accepted,
without first having obtained a license from the Borough Clerk to
do so. The license, when issued, is personal and shall not be constructed
to grant a certificate of occupancy or approval for the use of any
premises or location.
[Ord. No. 1050-9-01 § 3; Ord. No. 1306-16-10]
A license shall not be issued to a business entity or to a person
unless he/she meets the following conditions:
a.
Is at least eighteen (18) years of age.
b.
Submits a certification from a duly licensed physician of the State
of New Jersey stating that the applicant is free from contagious and
communicable diseases, dated within thirty (30) days of the date of
application.
c.
Applicant submits three (3) recent photographs that shall be approximately
two (2 x 2) inches showing the head and shoulders of the applicant
in a clear and distinguishing manner. Each applicant shall be fingerprinted
by the Chief of Police or his designee and shall undergo a background
check by the Chief of Police. Said photographs and fingerprints shall
constitute a part of the application. The license shall be valid for
a period of one (1) year, and it may be renewed for additional one
(1) year periods upon the filing of a new application fee of five
hundred ($500.00) dollars. All provisions of this section shall apply
to renewals in the same manner as they apply to applications for and
granting of initial licenses.
d.
Applicant completes an application in a form to be provided by the
Borough of Little Ferry, which application, among other things, requires
a detailed description of the applicant, fingerprinting by the Borough
of Little Ferry Police Department, and prior residence and employment
history for at least ten (10) years. The application shall be subject
to a background and activity check by the Chief of Police or his designee.
e.
In addition, such application shall include a sworn statement as
to whether or not the applicant has, within the last five (5) years,
been convicted, pleaded nolo contendere or suffered a forfeiture on
any criminal offense or on a charge of violating any provisions included
in N.J.S.A. 2C:34-1, et seq. and/or N.J.S.A. 2C:14-2, as amended which
laws relate to indecency, obscenity and sexual offenses, or similar
charges of violating this section or similar ordinances in any other
jurisdiction. This application shall state thereon that "It is unlawful
for any person to make a false statement on this application and discovery
or a false statement shall constitute grounds for denial of an application
or revocation of a permit."
f.
Each massage practitioner shall have malpractice insurance in an
amount not less than two hundred fifty thousand ($250,000.00) dollars.
A copy of such certificate of insurance shall be presented to the
Borough Clerk with the filed application.
[Ord. No. 1050-9-01 § 4; Ord. No. 1306-16-10]
No one shall be authorized to hold oneself out to offer a massage
as a massage practitioner within the meaning of this chapter, or employ
or engage as an independent contractor any massage practitioner rendering
massage, body work and somatic therapy services within the Borough
of Little Ferry unless certified pursuant to N.J.S.A. 45:11-53 though
N.J.S.A. 45:11-67. A person shall not be identified by titles "massage,
bodywork and somatic therapist," "massage, bodywork and somatic therapist,"
"registered massage, bodywork and somatic therapist," "licensed massage
bodywork and somatic therapist," or the abbreviations "MBT," "RMBT,"
"LMBT," "LOBT," "LMT," unless licensed to practice massage, bodywork
and somatic therapies pursuant to N.J.S.A. 45:11-53 through N.J.S.A.
45:11-67.
[Ord. No. 1050-9-01 § 5; Ord. No. 1306-16-10]
The following nonrefundable fees shall be paid to the Borough
of Little Ferry:
a.
Five hundred ($500.00) dollars upon the filing of an annual application for the operation of a business engaged in providing the services set forth in subsection 4-12.1 hereof.
b.
One hundred ($100.00) dollars upon the filing of an annual application for persons engaged in providing services set forth in subsection 4-12.1 hereof.
c.
A fee providing State of New Jersey fingerprint checks at the rate
permitted by the State of New Jersey Law at the time said request
is made. A fingerprint check shall not be required when obtaining
a renewal of existing license.
[Ord. No. 1306-16-10]
a.
No massage and/or somatic therapies business shall begin operations
until the building occupied shall have been approved by the Borough
Construction Code Department who shall establish procedures for investigation
and report pursuant to regulations of the ordinance.
b.
An applicant for a permit to operate a massage and/or somatic therapies
business shall submit to the Borough Construction Code Department
plans and specifications of the quarters proposed to be occupied.
Such plans shall show details of entrances, partitions, windows, openings,
ventilation, plumbing fixtures, water supply and waste and vent connections.
c.
Each massage and/or somatic therapies business shall be equipped
with toilet and lavatory facilities for personnel. Each operating
area shall be equipped with a hand lavatory.
d.
All other pertinent Building and Land Use regulations of the Borough
shall apply to such massage, bodywork and somatic therapy businesses.
[Ord. No. 1306-16-10]
a.
All equipment, shower stalls, toilets, lavatories and any other such
accouterments of the establishment shall be regularly treated with
disinfectants and shall be maintained in a clean and sanitary condition
at all times.
b.
Health, plumbing, electric and other inspectors shall be given access
to any part of a massage and/or somatic therapies business for the
purpose of inspection at all reasonable times.
c.
No person shall practice any services of a massage and/or somatic
therapies business without a certificate of good health issued by
a duly licensed physician, commensurate with the nature of the services
rendered. Such certificate shall be renewed every six (6) months.
d.
No massage and/or somatic therapies business shall knowingly serve
any patron infected with any fungus or other skin infections, nor
shall service be performed on any patron exhibiting skin inflammation
or eruptions, provided that a duly licensed physician may certify
that a person may be safely served, prescribing the conditions thereof.
e.
All personnel shall wash their hands in hot running water, using
a proper soap or disinfectant, before giving any service or treatment
to each separate patron.
f.
All towels and tissues and all sheets or other coverings shall be
used singularly for each patron and discarded for laundry or disposal
immediately after use.
g.
Nondisposable tools of the trade shall be disinfected after use upon
one (1) patron.
[Ord. No. 1306-16-10]
No part of any quarters of any massage and/or somatic therapies
business shall be used for or connected with any bedroom or sleeping
quarters, nor shall any person sleep in such massage and/or somatic
therapies business except or limited to periods incidental to and
directly related to a massage or bath. This provision shall not preclude
the location of a massage and/or somatic therapies business in a separate
quarters of a building housing a hotel or other separate businesses
or clubs.
[Ord. No. 1306-16-10]
[Ord. No. 1050-9-01 § 6]
Any person engaged in the operation of a business licensed in
accordance with the provisions of this section, and any person performing
services in accordance therewith, shall not disrobe while performing
the services.
[Ord. No. 1050-9-01 § 7; Ord. No. 1306-16-10]
All licenses issued pursuant to this section shall expire in
the calendar year in which the said license was issued. Generally
speaking, a license shall be issued for one (1) calendar year, but
in the event that the issuance of same is made for part of a calendar
year, the full license fees required herein above will apply without
any proration.
[Ord. No. 1050-9-01 § 8; Ord. No. 1306-16-10]
All licenses issued hereunder shall be exhibited in a prominent
place inside the business establishment.
[Ord. No. 1050-9-01 § 9; Ord. No. 1306-16-10]
a.
The conviction of any applicant or licensee of any criminal offense,
quasi-criminal offense or sanitary code violation related to the licensee's
business, or any sex-related offense shall constitute a forfeiture
of the license and said license shall be deemed revoked.
b.
Each licensee shall be deemed responsible for a clean and safe business
operation on the premises. The violation of any law at said premises
shall be grounds for the revocation of the licenses of all licensees
operating on the premises.
[Ord. No. 1050-9-01 § 9; Ord. No. 1306-16-10]
a.
Licenses issued under this section must be revoked by the Borough
Clerk, Borough Administrator, Construction Code Department or Chief
of Police for violations of any terms or conditions of this section.
b.
Notice of hearing for revocation of a license shall be given in writing,
setting forth the grounds of complaint and time and place of hearing.
Such notice shall be served personally upon the licensee or mailed
by registered letter to the licensee at his last known address at
least five (5) days prior to the date set for hearing.
c.
In the event of a revocation of license, the Borough Clerk, Borough
Administrator, Construction Code Department or Chief of Police shall
report his/her findings and reasons therefor to the Mayor and Council.
[Ord. No. 1050-9-01 § 12; Ord. No. 1306-16-10]
The applicant or license holder may appeal any denial or revocation
of a license within thirty (30) days of receiving written notice of
such denial or revocation by submitting to the Borough Clerk a written
request for a hearing by the Mayor and Council, which request shall
be made on a form provided by the Borough Clerk. The Mayor and Council
shall hold a hearing within forty-five (45) days within the date of
request for a hearing. The Mayor and Council shall direct the Borough
Clerk to issue a decision to the applicant or license holder within
ten (10) days of its decision or within forty-five (45) days of the
hearing whichever is sooner. The time provided may be extended and/or
waived on a mutually agreeable basis by the Mayor and Council and
the applicant and/or license holder.
[Ord. No. 1050-9-01 § 13;
New; Ord. No. 1306-16-10]
a.
Any person violating any of the provisions of this section shall,
upon conviction, be punished by imprisonment in the County Jail for
a term not exceeding ninety (90) days, and by a fine not exceeding
one thousand two hundred fifty ($1,250.00) dollars, or both, and/or
by a period of community service not exceeding ninety (90) days, in
the discretion of the Judge of the Municipal Court. Each day the violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as set forth above.
b.
A violation of any section of this section shall also be grounds
for revocation of any license, certificate of occupancy or permit
issued by the Borough for the premises.
c.
Every day the provisions of this section are violated by any person
as defined herein shall be a separate and distinct violation of this
section.
[Ord. No. 1306-16-10]
This section is intended to be read in pari materia with any
and all State regulations appertaining to the same or similar subject
matter, including, but not by way of limitation, any and all regulations
established by the Massage, Bodywork and Somatic Therapy Examining
Committee operating under the New Jersey Board of Nursing (P.L. 1999,
c. 19, approved February 8, 1999, Assembly Bill No. 843).
[1982 Code § 71-1]
As used in this section:
Shall mean any amusement machine or device operated by means
of the insertion of a coin, token or similar object for the purpose
of amusement or skill and for the playing of which a fee is charged.
Also included within this definition are coin-operated mechanical
or electronic musical devices which are commonly referred to as "jukeboxes."
Shall mean any person, firm, corporation, partnership, association
or club who, as the owner, lessee or proprietor, has under his or
its control any establishment, place or premises in or at which such
device is placed or kept for use or play or on exhibition for the
purpose of use or play.
[1982 Code § 71-2]
a.
The purpose of this section is to regulate the licensing and use
of coin-controlled amusement devices to preserve and protect the public
good, welfare and morals.
b.
All fees specified in and required by this section are imposed to
defray the cost of regulation and for raising revenue where such is
permitted by State law.
[1982 Code § 71-3]
No person, firm or corporation shall install, place, maintain,
operate or possess in any store, building or public place or quasi-public
place wherein the public is invited or may enter any automatic or
mechanical machine, game or device of skill or entertainment or music
vending machine which is or are operated or set in motion by the deposit
therein of any coin or coins, tokens or slugs or the like thereof
purchased for cash, within the Borough limits of the Borough of Little
Ferry, without first applying for and obtaining a license, in accordance
with the provisions provided in this section.
[1982 Code § 71-4]
The provisions of this section requiring license fees shall
not apply to any church, fraternal or veterans' organizations or other
religious, charitable or nonprofit organization which operates a coin-operated
amusement device exclusively for the use of its members and their
guests and on premises owned or controlled by it.
[1982 Code § 71-5]
a.
A separate application for each machine, game or device required
to be licensed under this section shall be filed, together with the
appropriate fee therefor, with the Police Department, and such applications
shall specify:
1.
The name, address, social security number and telephone number of
the applicant and, if a firm, corporation, partnership or association,
the principal officers thereof and their addresses, social security
numbers and telephone numbers, including the two (2) previous addresses
immediately prior to the present address of the applicant or officer
thereof submitting the application.
2.
The addresses of the premises where the licensed device or devices
are to be operated, together with the character of the business as
carried on at such place.
3.
The name, address and social security number of the registered agent
of the applicant upon whom service of process is authorized to be
made.
4.
The name, address, social security number and telephone number of
the manager of the applicant who shall be in charge of the applicant's
business in the Borough of Little Ferry.
5.
Whether or not the applicant has been previously licensed by any
public or governmental authority to maintain coin-controlled amusement
devices for use by the public or has previously applied for such a
license, and whether or not such a license has been denied, revoked
or suspended and the reason therefor.
6.
With respect to each person whose name appears on the application:
(a)
The fact of conviction in any jurisdiction of any offense which
under the laws of New Jersey is denominated a misdemeanor, a high
misdemeanor or an offense involving moral turpitude and/or the fact
of conviction in any jurisdiction of any offense which under the revised
Criminal Code, N.J.S.A. 2C:1-1 et seq., is denominated as a crime
of the first, second, third or fourth degree, with a full disclosure
of the nature of the offense, time and place of commission, legal
proceedings and penalty imposed.
(b)
Each such person shall voluntarily submit to the taking of his
fingerprints so that a proper investigation will be expedited.
b.
The trade name and general description of the device or devices to
be licensed, the name of the manufacturer and the serial number of
each such device.
c.
The application shall contain a certification under oath, made by
the applicant, that the information contained in the application is
complete, accurate and truthful to the best of his knowledge and belief.
[1982 Code § 71-6]
Upon receiving the application and fee, the Police Chief shall
conduct an investigation into the applicant's moral character, personal
and criminal history. He may, in his discretion, require a personal
interview of the applicant and such further information as shall bear
on the investigation.
[1982 Code § 71-7]
No license shall be issued unless the application and license
fee requirements have been met and an investigation into the fitness
of the applicant conducted.
[1982 Code § 71-8]
The Police Chief shall issue a license within forty-five (45)
days of receipt of the application, unless he finds that:
a.
The correct license fee has not been tendered with the application.
b.
The maintenance or use of such device or devices would not comply
with all applicable laws, including but not limited to building, zoning
and health regulations, or as prohibited herein.
c.
The applicant, if an individual, or any of the officers or directors,
if the applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership, and the manager
or other person principally in charge of the operation of the business
have been convicted of any crime involving dishonesty, fraud, deceit
or moral turpitude, unless such conviction occurred at least five
(5) years prior to the date of the application.
d.
The applicant has made any false, misleading or fraudulent statement
of fact in the application or in any document required by the Borough
in conjunction therewith.
e.
The applicant has had a similar license denied, revoked or suspended
within five (5) years prior to the date of the application.
f.
The applicant, if an individual, or any of the officers or directors,
if the applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership, or the manager
or other person principally in charge of the premises on which the
devices are located is not over the age of eighteen (18) years.
[1982 Code § 71-9]
a.
Every license issued hereunder is subject to revocation by the Chief
of Police for the violation of any of the provisions of this section.
Any material misstated or omitted in the license application shall
constitute grounds for revocation. The revocation shall occur only
after a hearing.
b.
The licensee shall be given ten (10) days' notice of the date of
such hearing, and such notice shall state the grounds therefor. At
such hearing the licensee may submit pertinent information on his
own behalf.
[1982 Code § 71-10A; Ord. No.
1173-17-05; Ord. No. 1200-09-06]
a.
The annual license fee for each game, machine or device shall be
as set forth:
|
Type of Device
|
Fee
|
|---|---|
|
1. Music
|
$200.00
|
|
2. Video
|
$200.00
|
|
3. Pinball
|
$200.00
|
|
4. Bowling machine
|
$200.00
|
|
5. Shuffle Alley
|
$200.00
|
|
6. Target machine
|
$200.00
|
|
7. Bagatelle or similar machine
|
$200.00
|
|
8. Photo machine
|
$100.00
|
|
9. Copy machine
|
$100.00
|
|
10. Scale machine
|
$100.00
|
|
11. Dartboard
|
$100.00
|
|
12. Novelty machine
|
$ 20.00
|
|
Any and all other coin-operated amusement type machines
|
$100.00
|
[1982 Code § 71-10B, C]
a.
All license fees shall be payable annually in advance and shall accompany
the application. There shall be no proration of any license fee in
any year, notwithstanding the fact that a license may be issued for
a portion of the year.
b.
All licenses shall expire on the 31st of December of each year.
[1982 Code § 71-11]
No license issued pursuant to this section is transferable,
and no license fee shall be refunded upon the revocation or surrender
of any license.
[1982 Code § 71-12]
a.
License cards issued under this section shall specify the location
of the premises at which the licensed machine, game or device is to
be used or kept, a brief description of the machine, game or device
and the name and address of the owner and the lessee or bailee of
the machine, game or device.
b.
All license cards issued under this section shall be posted and at
all times displayed in a conspicuous place at or near the licensed
machine, game or device.
[1982 Code § 71-13]
The licensee of the machine, game or device may change or exchange
the licensed machine, game or device for one similar and in the same
license-type group upon application to the Chief of Police, who shall
note the change, together with his approval, on the original license.
[1982 Code § 71-14]
It shall be unlawful to install, maintain, operate or use any
machine, game or device in the Borough of Little Ferry for the purpose
of gambling, wagering or betting, either for cash, merchandise or
other property of any nature whatsoever.
[1982 Code § 71-15]
It shall be unlawful to install, maintain and use any machine,
game or device in the Borough of Little Ferry for the purpose of giving,
directly or indirectly, any prize, return or profit, whether by free
play or otherwise.
[1982 Code § 71-16]
No proprietor holding a license to operate coin-operated amusement
devices shall permit a person under sixteen (16) years of age to play
or operate a coin-operated amusement device unless such person is
accompanied by his parent or legal guardian.
[1982 Code § 71-17]
No machine, game or device under the provisions of this section
shall be used, placed, maintained or operated in any premises within
two hundred (200) feet of any school, church or place of religious
worship nor within one hundred (100) feet of any residential use.
[1982 Code § 71-23]
Each device shall be located a minimum of fifteen (15) feet
from any entranceway to the premises in which it is located.
[1982 Code § 71-20]
a.
It shall be unlawful in the Borough of Little Ferry to place, maintain,
control, conduct or operate more than two (2) of the aforesaid devices
in any one (1) business establishment, and there must be at least
five thousand (5,000) square feet of floor area for each such device.
b.
Any operator of a coin-controlled amusement device who is duly licensed
prior to July 15, 1982, shall be permitted to retain the number of
the devices as are being operated on said date. Notwithstanding the
foregoing, the number of devices may not be expanded unless such expansion
meets all of the requirements as set forth in this section.
[1982 Code § 71-21]
a.
A bicycle rack to accommodate two (2) bicycles per machine shall
be provided by each licensed operator. This rack shall be located
on the operator's premises and shall not be located so as to interfere
with vehicle parking or impede the safe passage of pedestrians. The
style and design of the bicycle rack is subject to the approval of
the Construction Official. In addition, the operator must provide
one (1) on-site parking space per machine.
b.
A readily visible sign shall be installed indicating that the use
of machines or devices by persons under sixteen (16) years of age
shall not be permitted unless accompanied by an adult.
c.
The licensee shall at all times maintain good order and shall not
permit any disturbance, congestion or loitering upon the licensed
premises.
d.
No coin-operated amusement device shall be operated in a manner which
will enable it to be heard outside of the premises.
e.
The licensee shall not permit food or beverages to be consumed or
purchased on the premises.
f.
All requirements of the Fire Underwriters' Code and the Uniform Construction
Code of the State of New Jersey shall be complied with.
g.
Whenever a premises has ten (10) or more machines, there must be
provided at least one (1) bathroom facility for the exclusive use
of the patrons.
[1982 Code § 71-22]
A license shall be issued for the placement, installation, maintenance,
operation or possession of coin-operated amusement devices in or about
any single premises or location, but only within the general business
zone. Each device shall be allotted a seventy-five (75) square foot
minimum floor area for its sole use. These devices shall be considered
an accessory use incidental and subordinate to the principle use of
the premises. The seventy-five (75) square foot minimum floor area
shall be provided for each device so as to allow its use without overcrowding.
A minimum width of five (5) feet shall be provided as clearance on
both sides of each device. The depth of space in front of the device
shall be at least five (5) feet. The rear of the unit may be placed
flush against an appropriate fire-rated wall. In addition, there shall
be a five (5) foot wide aisle maintained beyond the depth of the five
(5) feet in front of the device as provided for hereinabove.
[1982 Code § 71-18]
All members of the Borough Police Department, including special
officers, are authorized to enforce the provisions of this section.
[1982 Code § 71-19]
[1982 Code § 181-1]
As used in this section:
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale" or similar sale of tangible
personal property which is advertised to the public at large.
[1982 Code § 181-2; Ord. No. 1177-20-05]
a.
It shall be unlawful for any person, partnership, corporation or
association to conduct a garage sale in the Borough of Little Ferry
without obtaining a permit to do so, to be known as a "garage sale
permit." The fee for such permit shall be, and the same is hereby
fixed at five ($5.00) dollars.
b.
Such permit shall be issued to any one (1) person, partnership, corporation
or association not more than two (2) times per calendar year and no
such license shall be issued for more than two (2) consecutive calendar
days. Charitable and civic organizations may be allowed more than
two (2) licenses per calendar year with the approval of the Mayor
and Borough Council.
[1982 Code § 181-3; Ord. No. 1177-21-05]
The application to be filed with the Borough Clerk shall contain
the following:
a.
The name and telephone number of the person, partnership, corporation,
association or organization conducting the sale.
b.
The location and name of the owner of the property where the sale
is to be conducted.
c.
The number of days involved; the date of the last such sale; the
relationship the applicant may have with any other person, partnership,
corporation or association which had any prior sales, together with
the date or dates of such prior sales.
d.
Consent of the owner if the applicant is other than the owner.
e.
The applicant must apply for the permit not less than five (5) business
days prior to the garage sale.
[1982 Code § 181-4]
All garage sales shall be conducted between the hours of 10:00
a.m. and 6:00 p.m.
[1982 Code § 181-5; Ord. No. 1177-21-05]
a.
No person, partnership, corporation or associations shall post on
any telephone pole, lamppost, tree, or street sign, any advertisement,
sign or placard relating to or describing any garage sale within the
Borough of Little Ferry.
b.
No person, partnership, corporation or association shall place a
"freestanding sign" on any lawn, yard, or sidewalk, regarding any
advertisement, sign or placard relating to or describing any garage
sale within the Borough of Little Ferry. This section regarding "freestanding
signs" shall be deemed not to prohibit the applicant from placing
a "garage sale sign" on the applicant's own yard or lawn.
[1982 Code § 181-6]
The provisions of this section shall not apply to the following
persons or sales:
[1982 Code § 181-7]
This section shall be enforced by the Police Department and
Construction Official and if a violation is found to exist, they shall
file a complaint before the local Municipal Court.
[1982 Code § 181-8; Ord. No. 1177-21-05; New]
Any person, partnership, corporation or association conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5 of this Code. Each day that such sale shall continue without being duly licensed and/or each day that a sign is posted in violation of the terms of this section, shall be considered a separate violation.
[1982 Code § 181-9]
a.
No person shall hereafter conduct or operate any flea market, store
or establishment as part of a flea market in the Borough for the sale
or exchange of merchandise, foods, goods, wares and chattels of every
kind and description or for services or repairs to goods, wares and
chattels of every kind and description without first having obtained
a certificate of registration; provided, however, that a certificate
of occupancy has first been secured from the Construction Official,
indicating that all requirements pertaining to Building, Zoning, Fire
and Health Codes of the Borough have been complied with; and provided
further that the provisions of this section shall not apply to any
person, association of persons or corporation holding a license or
certificate issued by any department, board, commission or other agency
of the State of New Jersey.
b.
Owners of premises used to conduct or operate any store or establishment
in the Borough are required to notify all lessees or their successors
and assigns of the requirements set forth in paragraph a above. Failure
to do so shall render every owner of premises subject to the penalties
prescribed in this section.
[1982 Code § 181-10]
All applications for a certificate of registration shall be
in writing on forms furnished by the Borough of Little Ferry, signed
by the applicant and presented to the Chief of Police. The application
shall state the correct name under which the business is being operated,
the name and address of the applicant, the kind of business to be
conducted and the location of the place where the business is to be
conducted.
[1982 Code § 181-11]
Upon receipt of the application and payment of the fee herein
provided, the Chief of Police shall issue a certificate of registration
for the business set forth in the application, and in addition he
shall forthwith report the issuance of the same to the Governing Body,
the Construction Official, the Chief of the Fire Prevention Bureau
and the Board of Health.
[1982 Code § 181-12]
All certificates of registration issued pursuant to this section shall expire on December 31 of the year issued; provided, however, that all licenses issued pursuant to Section 4-3, Peddling and Soliciting, shall continue during the period for which they were issued.
[1982 Code § 181-13]
The fee for a certificate of registration issued pursuant to
this section shall be as follows:
[1982 Code § 181-14]
Fees collected or received under the provisions of this section
shall be forwarded to the Borough Treasurer within forty-eight (48)
hours after collection or receipt of same.
[1982 Code § 181-15]
All certificates of registration issued hereunder shall be exhibited
in a prominent place in the place of business described in the application.
[1982 Code § 181-16]
Every certificate of registration issued hereunder shall apply
only to the person, association of persons or corporation to whom
issued, and no such certificate shall be transferable.
[1982 Code § 181-17]
No certificate of registration shall be issued to cover more
than one (1) place of business.
[1982 Code § 181-18]
Every business enterprise or concession occupying the same place
of business and conducting business under a common trade or business
name with other business enterprises or concessions shall be required
to obtain separate certificates of registration therefor.
[1982 Code § 181-19]
The holder of a certificate of registration issued hereunder
shall immediately notify the Chief of Police in writing of any change
in the information set forth in the application upon which the same
was issued.
[1982 Code § 181-20]
[1982 Code § 108-2]
Upon application in writing to the Borough Council, a license
may be granted by the Borough Council for the public display of fireworks
by municipalities, religious, fraternal or civic organizations, fair
associations, amusement parks or other organizations or groups of
individuals approved by the Council, provided that:
a.
The display is to be handled by a competent operator approved by
the Chiefs of the Police and Fire Departments.
b.
The display is of such a character and so located, discharged or
fired as in the opinion of the Police and Fire Chiefs, after proper
inspection, not to be hazardous to property or endanger any person
or persons.
[1982 Code § 108-3]
All applications for licenses shall be made to the Borough Council
through the Borough Clerk and shall state the date and place of the
proposed display, the place of storage of the fireworks prior to the
display, the name of the person making the display and the name of
the person in charge of the igniting, firing, setting off, exploding
or causing to be exploded of such fireworks.
[1982 Code § 108-4]
No license shall be issued for a display of fireworks unless
there is provided a policy of insurance or a bond in an amount of
not less than one million ($1,000,000.00) dollars conditioned for
the payment of any and all damages which may result to a person, property
or thing by reason of the display and arising out of any act or acts
of the licensee, his agents, employees or servants. The Borough shall
be a named insured on any policy or bond.
[1982 Code § 108-5]
A duplicate copy of the application and of any license granted
pursuant to this section shall be forwarded to the Bureau of Explosives
in the Department of Labor promptly after issuance.
[1982 Code § 108-6; New]
Pursuant to N.J.S.A. 21:3-8, any person violating any of the
provisions of this chapter shall be subject to a penalty as provided
by law.
[1982 Code § 202-1]
As used in this section:
Shall mean activity which is proscribed by Title 2C of N.J.S.A.
or by any Borough ordinance or by any Federal law or regulation.
Shall mean any self-service, coin- or credit-card-operated
telephone or bank of such telephones placed adjacent to each other
located in or over a public sidewalk or street.
Shall mean that portion of a highway or street intended for
the use of pedestrians, between the curbline or the lateral line of
a shoulder, or if none, lateral line of the roadway and the adjacent
right-of-way line.
Shall mean the entire width between the boundary lines of
every way publicly maintained when any part thereof is opened to the
use of the public for the purpose of vehicular traffic, and shall
include but not be limited to roadways, parkways, alleys and highways.
[1982 Code § 202-2A]
No person may place or maintain any outdoor public telephone
on or above any public street or sidewalk without having first obtained
a permit as provided in this section. Permits shall be issued by the
Building Department subject to approval of the type and location of
the public telephone.
[1982 Code § 202-2B]
Prior to installation, a plan or sketch of the public telephone
shall be furnished in sufficient detail to describe the size, location,
equipment, means of installation and cabling. The Building Department
shall also receive no less than sixty (60) days' prior written notice
before the removal of any public telephone.
[1982 Code § 202-2C]
The Borough of Little Ferry may reject any application for a
permit, revoke a permit or require the removal of an existing outdoor
public telephone if it has reason to believe that such telephone has
the potential to or has illustrated a propensity to create or contribute
to illegal or illicit activities or otherwise infringes on the use
and access to the public sidewalks. A presumption of illegal or illicit
activity shall be created if during the permit year five (5) incidents
of illegal or illicit activities are associated with the location
or the proposed location of the public telephone.
[1982 Code § 202-2D]
Before receiving a permit, an applicant shall:
a.
Execute an indemnification agreement by which the applicant and any
other person on whose behalf the application is made agrees to defend,
indemnify and hold harmless the Borough of Little Ferry against liability
for all claims for damage to property or injury to or death of persons
arising out of or resulting from the issuance of the permit or the
control, maintenance, ownership or use of each public telephone.
b.
File with the Borough Clerk of Little Ferry a general liability insurance
policy of one million ($1,000,000.00) dollars for personal injury
and fifty thousand ($50,000.00) dollars for property damage naming
the Borough of Little Ferry as additional insured against any injury,
loss or damage that may result from placing or maintaining the telephone
or telephone equipment on or above the sidewalk.
[1982 Code § 202-3]
a.
No public telephone shall be permitted to rest upon, in or over any
public street or sidewalk when such installation, use or maintenance:
1.
Endangers the safety of persons or property.
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicles.
3.
Unreasonably interferes with the ingress and egress from any residence
or place of business.
4.
Interferes with the use of traffic signs or signals, hydrants or
mailboxes permitted at or near the location.
b.
Public telephones shall be placed or otherwise secured so as to prevent
their being blown down onto or around the public street or sidewalk,
but shall not be chained or otherwise secured to any traffic or street
signs, signals, hydrants, mailboxes or any other government-owned
property without prior written approval of the owner.
[1982 Code § 202-4]
a.
All public telephones which are subject to this section shall comply
with the following standards:
1.
No booth surrounding a public telephone shall exceed eight (8) feet
in height, four (4) feet in width or four (4) feet in thickness.
2.
Each public telephone shall be equipped with a coin-return mechanism
to permit a person using the machine to secure an immediate refund
if the call cannot be placed. The coin mechanism shall be maintained
in proper working order.
3.
Each public telephone shall have affixed to it, in a place visible
to everyone using the telephone, the telephone name and complete address
(no P.O. Box) of the owner or distributor and the telephone number
of a working telephone service to report a malfunction, secure a refund
or give the notices provided for in this chapter. The foregoing information
shall be displayed in English and Spanish.
4.
Public telephones shall be maintained in a neat and clean condition
and in good repair at all times. A telephone shall be serviced and
maintained according to standards including but not limited to the
following:
(a)
The telephone shall be reasonably free of chipped, faded, peeling
and cracked paint in the visible painted areas thereof and reasonably
free of rust and corrosion in the visible metal areas thereon.
(b)
Any clear plastic or glass parts of the public telephone shall
be unbroken and reasonably free of cracks, dents, graffiti, blemishes
and discoloration.
(c)
Any paper or cardboard parts or inserts of the public telephone
shall be reasonably free of tears, peeling or fading.
(d)
The structural parts of the public telephone shall not be broken
or unduly misshapen.
(e)
The public telephone receiver shall be attached to the telephone.
5.
Any person who fails to maintain a public telephone in working condition shall be given a ten (10) day written notice by the Building Department to repair the telephone. If the public telephone is not in working condition at the end of the ten (10) day period, the owner or distributor thereof shall be subject to the provisions of subsection 4-19.10.
6.
Each public telephone shall, within ten (10) days of the written
request of the Chief of Police for reasons of public safety, be adapted
for restricted or limited service allowing outgoing calls only.
7.
Current public telephone rates for a local coin call shall be posted
on the public telephone booth.
8.
Full rate quotations must be available from the operator upon request.
[1982 Code § 202-5]
[1982 Code § 202-6]
a.
The initial fee for a permit shall be one hundred ($100.00) dollars
for each public telephone. The annual renewal fee shall be twenty-five
($25.00) dollars for each public telephone.
b.
The permit fees set forth herein shall not apply to any public telephone
which is installed pursuant to request of the Borough of Little Ferry
as an accommodation to the public.
c.
The permit fees set forth herein shall not apply to any public telephone
installation which is subject to an agreement with the Borough of
Little Ferry providing for the payment of any annual commission to
the Borough of Little Ferry.
[1982 Code § 202-7]
Upon receipt of a complaint by a citizen or an authorized representative
of the Police Department to the Building Department that the location
and use of a pay telephone constitutes a threat to the health, safety
and welfare of the community, the Mayor and Borough Council shall
conduct a hearing after providing written notice of the same at least
ten (10) days in advance thereof to all parties. The purpose of the
hearing shall be to ascertain whether the location and use of the
public telephone constitutes a threat to the health, safety and welfare
of the community. If the Mayor and Borough Council find by a preponderance
of the evidence presented that the location and the use of the public
telephone constitutes a threat to the health, safety and welfare of
the community, the Building Department shall immediately revoke any
permit issued for use of the public telephone. In the event that the
Mayor and Borough Council do not find that the location or the use
of the telephone constitutes a threat to the health, safety and welfare
of the community but does create a nuisance to the public which needs
to be abated, the Mayor and Borough Council may order such other relief
as they deem fair under the circumstances, including but not limited
to requiring the telephone to be restricted to outgoing calls only
or to be removed.
[1982 Code § 202-8; New]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5, with a minimum penalty of two hundred fifty ($250.00) dollars.
Each noncomplying telephone violation shall constitute a separate
violation, and each day of noncompliance shall constitute a separate
violation.
[1982 Code § 218-1]
No person shall, within the territorial limits and jurisdiction
of the Borough, deal in, conduct or engage in the business of the
sale, purchase or exchange of new, secondhand or used automobiles,
trucks/vans, buses, recreational vehicles and motorcycles without
first having obtained a license from the Borough Clerk.
[1982 Code § 218-2; Ord. No. 1035-22-00 § 218-2]
In addition to the requirements of subsection 4-1.2, the applicant shall furnish the following:
a.
Full name, place of residence, social security number, motor vehicle
driver's license number, and trade name of all parties in interest.
b.
The location and description of the premises for which license is
requested, stating also the block and lot numbers as shown on the
official Tax Assessment Map of the Borough.
c.
The consent of the owner of the premises if the applicant is not
the owner.
d.
A copy of all currently valid licenses issued by the State of New
Jersey and municipalities within its bounds for the operation of a
business for which a license is sought under this section.
e.
A statement as to whether any party in interest named in paragraph
a has been convicted of a crime and, if so, designate the offense
and court in which convicted.
f.
A plat plan of the place where the business is to be conducted, showing
the location of all buildings, parking spaces, lighting fixtures,
fences, driveways and any other permanent structure and areas used
for the parking of motor vehicles drawn on a scale of not less than
one (1) inch equals ten (10) feet.
g.
A statement from the Planning Board certifying the approval of the
location of the premises of the proposed business and certifying the
approval of the proposed plat plan.
h.
An affidavit signed by the applicant that all information contained
in the application is true to the best of applicant's knowledge.
i.
All information furnished by the applicant, and required by this
section typed, or otherwise clear and legible. If such information
is not clear and legible, the application shall be denied.
j.
The full names, telephone numbers and places of residence of three
(3) references to be considered by the Borough. The application shall
also include a letter of recommendation from each reference addressed
to the Borough of Little Ferry.
k.
Criminal Background Check. At the time of the application, each party
in interest shall submit to a criminal background check to be performed
by the Little Ferry Police Department. The background check shall
include, but not be limited to, each party in interest being fingerprinted
and the fingerprints forwarded to the New Jersey State Police and
the Federal Bureau of Investigation for a background check.
l.
The applicant shall also submit a money order payable to the "N.J.S.P.
S.B.I." in an amount necessary to cover the cost of the criminal background
check required by paragraph k above.
[1982 Code § 218-3; Ord. No. 1174-18-05]
Each licensee shall pay an annual license fee as follows:
[1982 Code § 218-4]
No license issued under this section shall be transferred without
first obtaining the approval of the Borough Council. A full application,
as required in an original issue with appropriate fee, shall be submitted
by a prospective transferee.
[1982 Code § 218-5]
Each licensee shall submit written application to the Construction
Official showing the proposed size, design, location, type and methods
of construction of all outdoor signs, billboards and displays, and
obtain a permit therefor in accordance with law. The Construction
Official shall submit a report to the Borough Clerk either approving
or disapproving the application and the reasons therefor.
[1982 Code § 218-6]
No licensee shall park, store or display vehicles or other articles,
or permit vehicles or other articles to be parked, stored or displayed,
upon sidewalks or walks adjoining, abutting or surrounding the licensed
premises.
[1982 Code § 218-7; Ord. No. 1035-22-00 § 218-7]
a.
All licenses must at all times conform fully and completely to all
New Jersey statutes, the rules and regulations of the Commissioner
of Motor Vehicles of the State of New Jersey and all other governmental
laws, rules and regulations, including the obtaining of proper licenses
and permits.
b.
Any license issued shall be specifically contingent upon the applicant
applying for, receiving and forwarding to the Clerk of the Borough,
a valid "Used Motor Vehicle Dealer's License" or "New Motor Vehicle
Dealer's License."
[1982 Code § 218-8]
All lots used for parking or display of motor vehicles and all
driveways for ingress and egress to a licensed premises shall be surfaced
with concrete or asphalt.
[1982 Code § 218-9A]
A businesses licensed under this section with premises abutting
residential property shall, within ten (10) days after the license
is granted, erect and maintain a nontransparent barrier six (6) feet
in height along that portion of the premises abutting the residential
property. Such barrier must be a slatted fence or wall constructed
from permanent and suitable building material, including stone, brick,
block, masonry or wood.
[1982 Code § 218-9B]
All parking lot areas of the licensed business abutting a street
or sidewalk shall maintain a guardrail or similar structure along
that portion of the parking lot area abutting the street or sidewalk
erected to a height sufficient to prevent motor vehicles from intruding
on to the sidewalk or street beyond the property line of the lot.
[1982 Code § 218-10]
a.
One (1) customer parking space of no less than eight by eighteen
(8 x 18) feet in dimension shall be provided for every one thousand
(1,000) square feet of business premises. All employee parking spaces
shall be provided on the business premises.
b.
Motor vehicles displayed for sale may be grouped together in no more
than two (2) rows with driveways of no less than fourteen (14) feet
in width between such groups.
c.
No motor vehicle offered for sale or lease may be parked or permitted
to stand on a street or sidewalk.
[1982 Code § 218-10]
The premises of every business licensed under this section shall
be lighted during nighttime hours with such lighting installed and
arranged in a manner as to transmit light away from streets and adjoining
property.
[1982 Code § 218-12]
The premises of every business licensed under this section shall
have a drainage system to divert surface water so as to prevent pools
of water from forming on the premises. No diverted water shall be
permitted to flow to the street, sidewalks or adjoining land.
[1982 Code § 218-12.1]
a.
The provisions of subsections 4-20.2f, 4-20.2g, 4-20.8 and 4-20.12 shall not be applicable to the holder of or applicant for issuance, renewal or transfer of a license under this section, if the subject premises were, as of March 7, 1988, the subject of an outstanding license issued by the Borough of Little Ferry, provided that the premises have not, since March 7, 1988, undergone any expansion of land or building area, dimension, location or change expansion or intensification of use.
b.
Upon written application of any licensee qualifying for the exemptions
set forth in paragraph a above, within one hundred twenty (120) days
of the effective date of this section, the Zoning Officer of the Borough
shall issue to the applicant a certificate certifying the nonconforming
use and structure status of the premises as of March 7, 1988. A certificate
issued in this manner shall entitle the applicant or successor in
interest to the issuance, renewal or transfer of a license under this
section to conduct business within the boundaries in the same manner
and to the extent that it was conducted on or before March 7, 1988.
[1982 Code § 218-13]
No business licensed under this section shall operate between
the hours of 10:00 p.m. and 7:00 a.m. the following day.
[1982 Code § 218-1; 218-14; New]
[1982 Code § 130-1]
Shall mean an area, covered or uncovered, used for the purpose
of buying, selling, exchanging or storing old or secondhand metals,
bottles, glassware, tinware, paper, lumber, plumbing fixtures, dismantled
or inoperable automobiles or any other thing which is no longer used
or usable for its intended purpose but which may have value because
of the parts or materials it contains.
[1982 Code § 130-2A, B]
a.
It shall be unlawful for any person, group, organization or corporation
to establish or operate a junkyard as hereinabove defined in any zone
or district within the territorial boundaries of the Borough of Little
Ferry after the effective date of this section.[1]
[1]
Editor's Note: This section, as amended, was adopted October
24, 1974, by Ord. No. 437-14-74.
b.
This prohibition shall not affect any such establishments presently
operating as junkyards. However, no licenses presently outstanding
shall be transferable from either one location to another or one person
or entity to another.
[1982 Code § 130-2C]
No person shall operate a junkyard in the Borough without a
license.
[1982 Code § 130-3]
There shall be charged and collected for the license an annual
fee of two hundred fifty ($250.00) dollars. The license shall expire
on January 1 in each year, and in the case of the first license issued
to any applicant hereunder, the fee therefor shall be prorated as
to the balance of the year then remaining. The license fee shall be
payable to the Borough Clerk for each year or part thereof.
[1982 Code § 130-4]
In addition to the information required by Section 4-1.2, the application for a license under this section shall be accompanied by a plot plan in triplicate and drawn to scale showing the dimensions of the premises, the location of all fences and screening and any other information which may appropriately be required for the effective enforcement of this section.
[1982 Code § 130-5]
The application shall be accompanied by a bond to the Borough
in the penal sum of five thousand ($5,000.00) dollars, with a surety
or sureties or collateral security approved by the Mayor and Borough
Council, conditioned for the due observance during the term of the
license of all laws, ordinances, rules and regulations in force or
thereafter adopted by the duly constituted authorities of the Borough
applicable to junkyards or junkyard business.
[1982 Code § 130-6]
No license shall in any event be issued unless the applicant
has obtained a certificate of occupancy for the location to be used
therefor.
[1982 Code § 130-7]
In addition to the investigation provided for by Section 4-1.3, the Construction Official shall inspect the premises for which a license is desired to determine whether it complies with the provisions of this section. He shall report the results of his investigation to the Borough Clerk. No license shall be issued unless the Construction Official's report is favorable.
[1982 Code § 130-8]
Each licensed place or premises shall at all times be entirely
surrounded or fenced by a fence extending from the ground to a height
not greater than eight (8) feet. It shall be of cinder block or other
masonry construction firmly supported on adequate concrete footing.
The fence shall not be used for advertising purposes either by the
operator of the business or by any other person, except that there
may be affixed to the fence a sign not larger than sixty by twenty
(60 x 20) inches setting forth the name of the business.
[1982 Code § 130-9]
a.
Adequate precautions shall be taken in every junkyard to prevent
fire from breaking out or spreading. In particular, no explosive or
extremely flammable material shall be stored in a junkyard.
b.
No material shall be treated, separated or prepared by burning the
same by means of fire unless such burning shall be by a mechanically
controlled method approved by the Chief of the Fire Department; provided,
however, the Chief of the Fire Department may from time to time grant
special permits to allow burning by fire without any mechanical control
thereof at such places and times and with such precautions as may
be deemed safe to life and property in the neighborhood.
c.
Junk shall be stored and stacked so as to permit customers of the
junkyard and other persons to move about easily and without risking
injury.
d.
No material shall be stored or deposited on any licensed premises
to a height greater than the height of the fence required to be constructed
around such premises.
e.
It shall be unlawful to hammer or pound any metals or other materials
of the premises between the hours of 8:00 p.m. and 7:00 a.m. on weekdays
or at any time on Sundays.
f.
No automobiles, parts thereof or other junk or material shall be
stacked, placed or kept within twenty (20) feet of the inside sidewalk
line of any street.
g.
It shall be unlawful for any licensee to permit any of the materials
regulated herein to be placed upon the licensed premises in such a
manner as to permit rainwater to collect and remain in and about the
premises for a period longer than twenty-four (24) hours.
h.
No operator of a junkyard shall permit rodents or conditions likely
to attract rodents, or any other unhealthy or unsanitary condition,
to exist on the premises.
[1982 Code § 130-10]
No license issued hereunder shall entitle the licensee to operate
thereunder at, in or on any other lot, building or location than that
which is specified in the license.
[1982 Code § 130-11]
The Construction Official may inspect any junkyard at any reasonable
time to ascertain whether the provisions of this section are being
complied with.
[1982 Code § 130-12]
The licensed place or premises shall at all times comply with
all necessary police or fire regulations imposed by the Police and
Fire Departments in order to prevent conflagration and the storage
and disposition of stolen property. The business and the place and
premises where conducted shall be subject to reasonable inspection
by Police and Fire authorities of the Borough. It shall be the duty
of the Chief of the Fire Department and the Chief of the Police Department
to immediately report, in writing, to the Mayor and Borough Council
any violation of any regulation imposed by their respective Departments.
The report shall set out the specific regulation violated and the
nature of the violation.
[1982 Code § 130-13]
Each licensee shall keep a daily record, in ink or indelible
pencil and in the English language, of all motor vehicles or parts
thereof purchased, including an accurate description of the person
from whom purchased and a complete description of the purchase, which
shall include the name of the motor, body, axle, coil, starter, carburetor,
magneto, steering gear, radiator and manufacturer's number and any
other serial number, the style of the body, model, color and license
number thereof and the day and hour of the purchase and the price
paid. Such record shall at all reasonable times be open for inspection
to any member of the Police Department or to any person duly authorized
by the Borough Council.
[Added 9-11-2018 by Ord. No. 1506-17-18]
The purpose of this section is to license establishments that
sell electronic smoking devices and related products. The funds collected
by licensing of such establishments shall be used to fund the development
and maintenance of programs related to tobacco cessation, prevention,
and control as may be established and/or administered by the Borough
of Little Ferry Health Department.
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
a 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 in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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 or pipe, or any cartridge or other component of the device
or related product.
The time period covering June 1 through May 31 of the year
for which a license is issued pursuant to this section.
Any establishment that sells, distributes, gives or offers
for sale electronic smoking devices 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 possession
with intent to sell, distribute or give.
a.
No person shall conduct, maintain or operate a retail electronic
smoking device establishment that sells, distributes or gives electronic
smoking devices without first obtaining from the Borough of Little
Ferry Health Department a license to do so.
b.
Fees in accordance with the following schedule shall be paid before
any license required in this section shall be issued:
|
Type
|
Fee
|
|---|---|
|
Electronic smoking device establishment license
|
$1,200
|
c.
Licenses issued under the provisions of this section, unless forfeited
or revoked by the Borough of Little Ferry Health Department, shall
expire annually on the 31st day of May of each year.
d.
No license is transferrable by sale or otherwise.
e.
Such license shall be posted in a conspicuous place in such establishment.
No itinerant establishments shall be permitted to obtain an electronic
smoking device establishment license.
f.
All licensing fees shall be paid to the Borough of Little Ferry to
offset budget appropriations in connection with education and enforcement
of this section and/or the state's Tobacco Age of Sale Inspection
Program.
a.
No person shall sell, distribute or give electronic smoking devices
in the Borough of Little Ferry unless an employee of the establishment
controls the sale of such products. A person may only sell electronic
smoking devices in a direct, face-to-face exchange between the retailer
and the consumer. Self-service displays and vending machines of electronic
smoking devices shall be prohibited.
b.
No person shall sell, distribute, or give electronic smoking devices
to any person under the age of 21 years.
c.
No retail electronic smoking device establishment shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the Borough of Little Ferry ordinances and state laws pertaining to the sale of electronic smoking devices and has signed a statement that they have read such ordinances and state laws. Such form statement will be supplied by the Borough of Little Ferry Health Department, and all signed original statements shall be kept on file by the retail electronic smoking device establishment and made immediately available at all times for review by the Borough of Little Ferry Health Department. All retail electronic smoking device establishments shall be in compliance with this provision by the effective date noted in Subsection 4-22.9.
d.
The sale of any electronic smoking device refill liquid, whether
or not such liquid contains nicotine, that is intended for human consumption
that is not contained in packaging that is child-resistant is prohibited
as set forth in N.J.S.A. 2A:170-51.9 et seq.
e.
License holders can only do in-person marketing and sales of electronic
smoking devices at the retail electronic smoking device establishment.
There shall be no cross-marketing or sales at nonregistered retail
locations and mobile locations, including, but not limited to, street
fairs, local fairs, festivals, etc.
a.
Any person(s) who is found to be in violation of the provisions of
this section shall be subject to the following penalties. For any
and every violation of any of the provisions of this section, the
violator of said provision will be subject to a fine of not less than
$1,200 and not more than $2,500.
b.
In addition, any violator of this section shall be subject to having
any Borough license held by the violator suspended, or revoked or
being fined. No such action may be taken unless the requirements of
due process are satisfied.
c.
These penalties are in addition to any penalties that may be imposed,
including, but not limited to penalties imposed by the New Jersey
Code of Juvenile Justice, N.J.S.A. 2A:170-51 et seq. and N.J.S.A.
2C:33-13.1 et seq.
d.
Fines and sanctions associated with this section shall be dedicated
and forwarded to the Borough of Little Ferry Health Department to
be used in connection with education and enforcement of this section.
The monies shall be maintained by the Chief Financial Officer or Comptroller
of the Borough of Little Ferry.
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase. If any portion of this section, or its application
to any person or circumstances, shall be adjudged or otherwise determined
to be invalid, unconstitutional, void, or ineffective for any reason,
such determination shall not affect the remaining provisions of this
section; and the application of such remaining provisions shall not
be affected thereby and shall remain in full force and effect, and
to this end, the provisions of this section are severable.
All ordinances or parts of ordinances contrary to or inconsistent
with the provisions of this section are hereby repealed to the extent
of such conflict or inconsistency.
This section shall take effect upon passage and publication
as provided by law.
[Ord. No. 1068-5-02 § 1]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, fire and other emergency
alarm devices, whether by direct line, radio, telephone or other means,
requiring response thereto by the Police Department, Fire Department
or other municipal agencies.
[Ord. No. 1068-5-02 § 2]
The provisions of this section shall apply to any person, firm
or corporation who operates, controls, maintains or owns any alarm
or device designed to summon the Police Department, Fire Department
or other municipal agency to any location in response to any type
of alarm signal.
[Ord. No. 1068-5-02 § 3]
As used in this section:
Shall mean any type of alarm system that provides warning
of intrusion, fire, smoke, flood or other peril or danger.
Shall mean any facility operated by a private person, firm
or corporation that owns or leases a system of emergency alarm devices,
which facility is manned at all times by trained operators employed
to receive, record and validate signals and to relay information concerning
such validated signals to the Police Department, Fire Department to
other municipal agency.
Shall mean any alarm actuated by inadvertence, negligence,
or the intentional or unintentional act or omission of someone other
than an intruder or by smoke, fire or heat and shall include such
alarms caused by malfunction or the alarm, device or other relevant
equipment.
[Ord. No. 1068-5-02 § 2; Ord. No. 1081-18-02 § 4; amended 10-11-2022 by Ord. No.
1578-17-22]
Any firm or corporation which owns, operates, maintains or controls
an alarm device shall make an annual application for the continuance
thereof in writing to the Little Ferry Borough Clerk. In the case
of newly installed alarm devices, the applications shall be made at
least ten (10) days prior to the installation of the new alarm device.
[Ord. No. 1068-5-02 § 4; Ord. No. 1081-18-02 § 4; amended 10-11-2022 by Ord. No.
1578-17-22]
The application shall contain the location of the device, the
name of the installer of the device, the type of device, i.e. whether
fire, burglar or other emergency alarm devices, provision relating
to false alarms and testing procedures, a list of persons to be contacted
in the event of an alarm and other information as may be required.
Application forms shall be obtained from the office of the Borough
Clerk. Firms and corporations must complete the form on an annual
basis and submit it within the time prescribed herein together with
an initial fee for the first year in the sum of twenty-five ($25.00)
dollars and an annual fee thereafter in the sum of ten ($10.00) dollars
payable to the Borough of Little Ferry. Residents are not subject
to the annual fee and shall only submit an initial fee of twenty-five
($25.00) dollars. The applicant shall list the names of three (3)
persons, nonresidents of the premises protected by the alarm device
and situated within a reasonable distance of the Borough who have
keys to the protected premises so that they may be contacted in order
to inspect the premises, correct and reset the alarm or respond in
the event of an emergency. The Police Department shall maintain and
update such information accordingly.
[Ord. No. 1068-5-02 § 5; Ord. No. 1081-18-02 § 5]
In the case of false alarms, any person, firm or corporation
having knowledge thereof shall immediately notify the Police Department.
The Police will respond to verify the authenticity of the information.
No penalties will be assessed if immediate notification is made to
the Police Department. If delayed or no notification is made, the
violator will be subject to penalties as set forth in this section.
[Ord. No. 1068-5-02 § 6; Ord. No. 1081-18-02 § 6; New]
a.
Any person, firm or corporation who/which does not register its alarm device in the manner and time required herein shall be subject to the penalty stated in Chapter 1, Section 1-5 with a minimum of not less than fifty ($50.00) dollars and a maximum of not more than one hundred ($100.00) dollars in the discretion of the Judge of the Municipal Court.
b.
For false alarms occurring during a calendar year:
1.
For the first and second false alarm, no penalty will be assessed.
However a record of false alarms will be maintained to ensure that
future alarms will be subject to fines.
2.
For the third through tenth false alarms, a fine of one hundred ($100.00)
dollars shall be paid to the Borough for each such alarm.
3.
For the eleventh false alarm and subsequent alarms thereafter, a
fine of two hundred fifty ($250.00) dollars shall be paid to the Borough.
[Ord. No. 1068-5-02 § 6; Ord. No. 1081-18-02 § 6]
The Police Department is hereby primarily responsible for the
enforcement of this section and is hereby authorized and directed
to formulate and implement such rules and regulations as may be necessary
to the enforcement of this section.
[Ord. No. 1180-24-05; amended 10-11-2022 by Ord. No.
1578-17-22]
Any resident with an alarm system in accordance with this section
shall be required to pay a registration fee in the amount of twenty-five
($25.00) dollars at the time of the installation of the alarm system,
or at the time a resident purchases a home with an existing alarm
system. Any firm or corporation with an alarm system in accordance
with this section shall be required to pay an initial registration
fee in the amount twenty-five ($25.00) dollars at the time of installation
of the alarm system and an annual fee thereafter, effective January
1 of the year immediately following the year of installation.
[1982 Code § 203A-1]
Towing services to be rendered by an independent contractor
shall include but not be limited to the removal and, where needed,
subsequent storage of motor vehicles classified on the attached established
tow rates fee schedule that are:
[1982 Code § 203A-2; Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
AUTOMOBILE
BASIC TOWING SERVICE
COMMERCIAL VEHICLE
INSIDE BUILDINGS
LICENSEE
MOTOR VEHICLE CRASH
OUTSIDE SECURED
OUTSIDE UNSECURED
POLICE
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
TOW VEHICLE
TOW VEHICLE'S BASE OF SERVICE
TOWING OPERATOR
As used in this section, the following terms shall have the meanings
indicated:[1]
A motor vehicle of a private passenger or station wagon type
that is owned or leased and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver; and
a motor vehicle with a pickup body, or delivery sedan, a van, a sport
utility vehicle (SUV), or a panel truck or a camper type vehicle used
for recreational purposes owned by an individual or by husband and
wife who are residents of the same household, not customarily used
in the occupation, profession or business of the owner(s).
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
A motor vehicle of any type used in the conduct of any business
of professional conveyance, or used as a public or livery means, for
the paid conveyance of passengers.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
A towing operator.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the owner or operator
of the motor vehicle even if they were caused by the intentional acts
of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
The Borough Police Department, State Police, County Police,
or such other police department that may have jurisdiction upon the
roadways of the Borough.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
A person, corporation or other form of business entity engaged
in the business of providing a basic towing service to the general
public and storage facilities for vehicles towed.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
[1]
Editor's Note: The definition of "administrative fee," which
immediately followed this subsection, was repealed 12-11-2018 by Ord.
No. 1509-20-18.
[1982 Code § 203A-3; Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
The Borough Council shall appoint persons or companies meeting the
criteria set forth in this section and engaged in the business of
offering the services of a motor vehicle towing or wrecker service,
whereby damaged or disabled motor vehicles are towed or otherwise
removed from the place where they are damaged or disabled, by use
of a tow vehicle, as defined in this section. Such persons or companies
shall be known as "official towers."
b.
Official towers shall be identified by means of a license that shall
be issued in accordance with the provisions of this section.
c.
Not less than one hundred twenty (120) days prior to the beginning
of each three (3)-year term of official towers' license, the Borough
shall advertise for applications for towing licenses for providing
towing services pursuant to this section. The advertisement shall
be published in the official Borough newspaper.
d.
All applicants shall submit their applications at least ninety (90)
days prior to the commencement date for each three (3)-year period
and the applications shall be reviewed in accordance with the procedures
set forth in this section. The award of a license to the successful
applicants shall be subject to compliance with the license requirements
of the section. Applications received after the date set forth in
this sub-section shall be considered and reviewed in accordance with
this section.
e.
If an application for a license is approved as set forth herein,
the Borough Clerk shall issue a license that shall be in force and
effect until December 31 of the last year of the three (3) year term
of issuance, which period shall be clearly stated upon the face of
the license. If an application is approved during the then current
three (3) year term, the license shall be in effect for the remainder
of the three (3) year term in effect.
f.
Notwithstanding the provisions of this section that provide for a
three (3) year term of the license, official towers shall submit no
later than December 1 of each year that the towing license is in effect,
a detailed certification certifying that the official tower meets
the requirements of this section in regard to the issuance of licenses.
The certification shall be submitted to the Chief of Police for his
review and approval. Failure to submit the certification or failure
to continue to abide by the requirements of this section in regard
to the issuance of a towing license shall subject the official tower
to revocation of the license in accordance with the procedures contained
herein.
[1982 Code § 203A-4; Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
Official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the Borough, when requested to do so
by the Chief of Police or his authorized designee. The official tower
must be available on a twenty-four-hour-a-day basis, seven days a
week, as scheduled by the Borough.
b.
No official tower shall subcontract any work to be performed pursuant
to this section without having first obtained prior written approval
from the Chief of Police. Any official tower to whom approval to subcontract
work has been given shall be responsible for the services performed
by the subcontractor and shall remain liable for any violation of
this section by the subcontractor.
c.
A maximum response time of 15 minutes will be expected from each
official tower called by the Police Department. If the first called
official tower fails to respond within the expected response time,
the next listed official tower will be called. Failure to respond
within the stated response time will be considered a violation of
the license, and repeated violations will result in suspension of
the official tower license.
d.
Official towers are and remain responsible for coverage for all periods
for which they are scheduled. Should the scheduled official tower
require another tower to cover a portion of the assigned schedule,
(i) the substitution must be approved in advance by the Chief of Police
or his designee, and (ii) the covering tower must be another official
tower. Unauthorized arrangements for coverage may result in the removal
of the official tower and/or the alternate official tower from the
official tower list.
e.
Substitution of towers under the immediately preceding paragraph
d is limited to 10 per calendar year. Should alternate coverage in
excess of 10 be required, the requesting official tower will be removed
from the Borough's official towers' list.
f.
Official towers are limited to no more than three missed tows during
a calendar year. A missed tow in excess of this number will constitute
a ground for removal from the official towers' list for the remainder
of the calendar year or such other period determined in the sole discretion
of the Borough.
g.
The official tower shall be responsible for removing all solid and
sweepable debris resulting from a motor vehicle crash.
h.
When requested by the Police Department, the official tower shall
be responsible for the preservation of evidence.
i.
The official tower shall comply with all state and federal laws and
regulations concerning wages, hours and terms of employment.
j.
The official tower shall display fee cards, conspicuously indicating
the maximum rates for towing and storage charges, in each tow truck
and present a card to the driver of the disabled vehicle to be towed.
Such a fee card shall also be conspicuously posted at every storage
facility and location where the vehicle is to be retrieved.
[Amended 9-10-2019 by Ord. No. 1523-13-19]
l.
The official tower shall maintain and operate all tow trucks in accordance
with all existing traffic regulations and in a safe and prudent manner.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
m.
The official tower shall not stop at any accident scene unless directed
by the police, except to notify police of an unattended accident and
advise accident victims that police have contacted the licensee on
rotation; and not solicit or attempt to divert patrons of another
towing operator, whether or not licensed under this section, or solicit
prospective patrons of a given repair service to any other repair
service.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
n.
The official tower shall not respond to the scene of an accident
except upon notification by police.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
o.
The official tower shall not tow vehicles without proper authorization
from the police at the scene or the owner or driver at the scene.
Upon such authorization and if not accompanied by the owner or the
driver of the towed vehicle, the licensee shall disclose in writing
the location of the storage facility.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
p.
The official tower shall not release any vehicle impounded or confiscated
without proper authorization from the police.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
q.
The official tower shall notify the police on a monthly basis of
unclaimed vehicles.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
r.
The official tower shall be responsible for all vehicles and their
contents after towing. If the vehicle is unattended, the licensee
shall make an inventory of any apparent valuable contents at the accident
scene and maintain said inventory at least until the disposition of
the vehicle.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
s.
The official tower shall cooperate with other towing operators in
the case of emergency services at the scene of accidents and/or disasters.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
t.
The official tower shall comply with police instructions at the scene,
even if it means countermanding towing requests by other drivers of
disabled vehicles.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
u.
The official tower shall request police assistance during the course
of servicing when negotiating difficult towing operations.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
v.
The official tower shall report any dispute between towing operators
and/or persons at the scene to the police; and report to the police
any observed disabled vehicles, accidents or any other activities
that may require police attention.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
w.
The official tower shall not use flashing lights or sirens except
as permitted by the police pursuant to law.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
x.
The official tower shall not tow a vehicle for illegal parking on
public property unless so directed by the police.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
y.
The official tower shall immediately notify the police in the event
that the licensee is not operational due to mechanical failure, personnel
deficiency or other incapacitating cause.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
z.
The official tower shall maintain written records for at least six
years from the date of the service of all tows performed and all signed
acknowledgments of receipt of vehicles by owners or authorized agents.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
aa.
The official tower shall post hours of operation on storage facilities
so that the public may be informed as to when the facilities are open
for recovery of motor vehicles.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
bb.
The official tower shall maintain the public portions of storage
facilities as a clean and safe environment for public invitees.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
cc.
The official tower shall not park or store an impounded vehicle on
any public street or sidewalk or any outside unsecured area.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
dd.
The official tower shall not employ any Borough employee or allow
any Borough employee to have a financial interest, direct or indirect,
in the towing operator's business.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
ee.
If called as a backup tow, the vehicle shall be towed to the yard
of the backup tow.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
ff.
The official tower shall disconnect cables from disabled vehicle
battery terminals as to avoid possible fire hazards.
[Added 9-10-2019 by Ord.
No. 1523-13-19]
[1982 Code § 203A-5; Ord. No. 1323-08-11; Ord. No. 1387-16-13; Ord. No. 1427-35-15]
a.
Applications for inclusion on the official towers' list shall be
made to the Borough Council upon a form prepared by the Chief of Police
and approved by the Borough Attorney and shall contain all of the
following information:
1.
The name, residence and business address, and telephone number of
the owner of the towing company. If the owner is a corporation, the
application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
2.
Such information as may be required by the Mayor and Council concerning
the personnel, vehicles, equipment and storage facilities of such
applicant, as hereinafter provided, showing that the applicant meets
the minimum standards of performance.
3.
A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
4.
The names and addresses of two business references who have known
the applicant for at least two years.
5.
Certification that the applicant will be able to provide towing services
anywhere in the Borough with a maximum response time of 15 minutes,
except when extraordinary circumstances occur.
6.
Certification that the applicant will be available for service on
business premises 24 hours a day and that they will abide by the fees
contained in or referred to in this section.
7.
Certification that tower will consent to appointment of the Borough
Clerk as the applicant's registered agent for the purpose of acknowledging
service out of any court of competent jurisdiction to be served against
the applicant.
[Amended 9-10-2019 by Ord. No. 1523-13-19]
8.
A site plan showing the location of the storage area, the number
of cars that can be stored and the total square footage area of the
storage area.
9.
Agreement to abide by the general rules and regulations established
by the Chief of Police in connection with towing procedures within
the Borough.
10.
Business registration certificate.
b.
The applicant shall submit one completed original application to
the Borough Clerk, who shall forward a copy to the Chief of Police
for his review and approval. The review by the Chief of Police shall
consist of the following:
[Amended 9-10-2019 by Ord. No. 1523-13-19]
1.
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense or have had their
driver's licenses suspended or revoked within the past year. Conviction
of a criminal offense or suspension of driver's license within the
past year shall be a cause for disqualification from inclusion on
the official towers' list.
2.
An inspection of the personnel, vehicles, equipment and storage area
proposed to be utilized by the applicant to verify the accuracy of
the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this section.
c.
An applicant may be included on the official towers' list by the
Borough Council, by resolution adopted at a regular public meeting,
when, from a consideration of the application and from such other
information as may otherwise be obtained, they find that all of the
following circumstances exist:
1.
The applicant has not knowingly and with intent to deceive, made
any false, misleading or fraudulent statements of material fact in
the application or in any other document required pursuant to this
section.
2.
The applicant has met the standards in this section and has furnished
the required hold harmless agreement and certificate(s) of insurance.
3.
The application has been reviewed and approved by the Chief of Police.
4.
Neither the applicant nor the applicant's personnel have been convicted
of a criminal offense or had their driver's license suspended within
the past year.
d.
The Chief of Police shall conduct his review and render a report
to the Borough Council, recommending either approval or denial of
the application, within 45 days of receipt of the application from
the Borough Clerk. The Borough Council shall take action with regard
to the application at its next full meeting after receipt of the report
of the Chief of Police. The applicant, or its representative, shall
be given notice of the date on which the Borough Council will consider
the application and shall be permitted to appear and be heard at that
time.
e.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Borough Council. This notice shall come from the Borough Clerk.
f.
If the Borough Council fails to take action within 60 days of receipt
of a complete application, the application shall be deemed to have
been denied.
[1982 Code § 203A-9; Ord. No. 1172-16-05; Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
Upon approval of the application as herein provided and payment of
the required fees, the Borough Clerk shall issue the applicant one
official tower's license.
[Amended 9-10-2019 by Ord. No. 1523-13-19]
b.
The licenses, which shall be in a form approved by the Borough Council,
shall be displayed in the rear window of the tow vehicle or flatbed
vehicle at all times.
c.
The licenses shall be valid for the three-year period as set forth
in the section, shall be nontransferable and shall be subject to revocation
by the Borough Council for any of the following reasons:
1.
If it is subsequently determined that the applicant knowingly and
with intent to deceive, made false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this section.
2.
Violation of any federal or state law or municipal ordinance or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
3.
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
4.
Unsatisfactory service provided pursuant to this section.
d.
The fee for the license issued under this section, as well as the
annual review of certification and inspection of vehicles and equipment,
shall be $750 per year.
e.
Licenses shall not be transferable from one vehicle to another without
the consent of the Chief of Police. Consent may be granted at the
sole discretion of the Chief, if the licensee demonstrates that the
transferee vehicle complies with all of the requirements of this section.
[1982 Code § 203A-5; Ord. No. 1323-08-11; Ord. No. 1387-16-13]
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
a.
Minimum vehicle requirements.
1.
Every official tower shall maintain and have available to render
services required by this section a minimum of one regular tow vehicle,
two flatbed tow vehicles and one heavy-duty hydraulic wrecker with
under-reach.
[Amended 9-10-2019 by Ord. No. 1523-13-19]
2.
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly at least 100 feet of either 3/8-inch or 7/16-inch cable attached
to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
3.
Every official tower shall have available a heavy-duty wrecker, and
under-reach shall be rated at 35,000 pounds and shall be capable of
towing new-style buses and trucks with fiberglass front ends.
4.
All equipment shall comply with all state and federal regulations,
and all vehicle operators shall possess a CDL license for over26,000
pounds.
5.
Each applicant shall submit, along with its application, proof of
ownership or lease of the vehicles which will be utilized to provide
services pursuant to this section.
b.
Minimum Equipment Requirements.
[Amended 9-10-2019 by Ord. No. 1523-13-19]
1.
All tow
trucks shall have two-way communications capability with dispatching
available on a twenty-four-hour basis.
2.
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicle, visible from 360° when in use and visible at a minimum distance
of 500 feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber colored.
(d)
Extra chains and cable for pulling or securing a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar or pry bar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of a motor vehicle crash or behind
a disabled vehicle, at least 10 pounds of dry sand or a drying compound
for gasoline and oil spilled onto the roadway and a sufficient quantity
and types of tools to enable the tow operator to perform proper and
adequate emergency repair services for the tow.
3.
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Chief of Police or his designee at any
time. No changes may be made in said vehicles or equipment unless
prior written approval is obtained from the Borough.
4.
Every tow vehicle or flatbed vehicle shall display the official tower's
license and shall have name of the official tower displayed on the
vehicle in such manner and of such lettering as conforms to the provisions
of N.J.S.A. 39:4-46.
c.
Minimum personnel requirements.
1.
Official towers shall have available, at all times, a minimum of
two persons to provide the services required by this section. All
persons employed by official towers to provide the services required
by this section shall meet the following requirements and be subject
to the following regulations. They shall:
(a)
Be competent mechanics able to provide minimum road service
for disabled vehicles.
(b)
Have a valid driver's license having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(c)
Be mentally alert and present a neat appearance at all times.
(d)
Obey all traffic laws and regulations.
(e)
Be subject to inspection by the Chief of Police of the Borough
and shall be approved by the chief prior to rendering any services
pursuant to this section.
(f)
Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year.
d.
Minimum storage requirements.
1.
Every official tower shall maintain an inside building or outside
secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of 10
passenger vehicles and one tractor and trailer. The area shall have
at least 800 square feet of inside storage facilities to hold and
protect "police hold" vehicles.
(b)
The location of the storage area shall be either within the
limits of the Borough or at such location outside of the Borough as
to facilitate reasonable towing distances.
(c)
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six feet, with at least one lockable gate for
ingress and egress and shall be lighted from dusk to dawn.
(d)
The storage area shall be in an area legally zoned for such
use.
(e)
The storage facility shall be available 24 hours a day, 365
days per year, and shall be open to the public on weekdays during
normal business hours and for four hours on Saturdays. The applicant
shall specify the hours on which the facility will be open on Saturdays.
The applicant is not required to be open on Sundays.
(f)
The official tower shall have an employee on duty during all
hours in which the storage facility is open.
(g)
The official tower shall not charge a release fee or other charge
for releasing vehicles to their owners after normal business hours
or on weekends.
(h)
The official tower shall have available an area to store vehicles
involved in suspected crimes or criminal activities as directed by
the Chief of Police.
2.
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
3.
The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this section. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while stored in the storage areas.
[Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
Official towers shall be placed on the official towers' list at the
beginning of each three (3)-year period in accordance with the procedures
as set forth in this section. The official towers shall rotate on
the list for one (1) month at a time or for such a period as designated
by the Chief of Police in accordance with his rule-making authority
under this section. Unless otherwise changed by the Chief of Police
under his rule-making authority, the one (1) month rotation shall
commence at 0000 hours (12:00 a.m.) on the 1st day of the month and
terminate at 2359 hours (11:59 p.m.) on the last day of the month.
b.
The Borough shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tow vehicle is available or if, in the discretion of
the Borough Official making the request, the response time is insufficient
under the circumstances to properly protect the public health, safety
or welfare, the next official tower on the list shall be called for
that particular towing event. The official tower who is at the top
of the list, however, shall remain on the top of the list for any
subsequent calls until that tower's one (1) month period at the top
of the list is finished.
c.
All requests for service shall be made by the Chief of Police or
his official designee.
d.
The Borough shall request service only from official towers provided,
however, that if no emergency or road hazard exists, the Borough shall
request such service from such other person as the owner of the motor
vehicle in need of such services may request; and provided further
that, if none of the official towers are available or able to provide
such services as are requested by the Borough, or if an emergency
exists, the Borough may request such services from any other available
source.
e.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Borough over any other requests which may be received by the official
towers.
[Ord. No. 1323-08-11; Ord. No. 1387-16-13]
Applicant shall agree in writing to assume the defense of and
indemnify and hold harmless the Borough, its elected officials, boards,
commissions, officers, employees and agents, from all suits, actions,
damages or claims to which the Borough may be subjected of any kind
and nature whatsoever resulting from, caused by, arising out of or
as a consequence of the provisions of towing, wrecking, storage and/or
emergency services provided at the request of the Borough pursuant
to this section. Official towers shall enter into a hold harmless
agreement in a form to be prepared by the Borough Attorney prior to
being included on the official towers' list.
[1982 Code § 203A-5; Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
Coverages.
[Amended 9-10-2019 by Ord. No. 1523-13-19]
1.
No person shall be included on the official towers' list unless and
until such person has provided to the Borough a certificate or certificates
of insurance evidencing that there is in effect the following insurance
coverages:
(a)
Automobile liability insurance in an amount not less than $1,000,000
combined single limits.
(b)
Workers' compensation as required by law.
(c)
Garagekeepers liability in an amount not less than $100,000
on a direct primary basis.
(d)
Garage liability in an amount not less than $1,000,000 combined
single limit.
(e)
Sufficient comprehensive general public liability insurance
to protect the Borough from any liability, loss or damage arising
out of the activities to be conducted. Such insurance shall be in
the minimum amount of $1,000,000 for each person, and $3,000,000 for
each accident.
(f)
Excess umbrella insurance in an amount of not less than $1,000,000
providing protection in excess of the garage, auto and general liability
to protect the Borough from any liability, loss or damage arising
out of activities to be conducted.
2.
The applicant shall provide the municipality with certificates of
insurance, evidencing the coverage required above. Such certificates
shall provide that the municipality shall be given 30 days' prior
written notice of any cancellation of, intention not to renew, or
material change in such coverage by certified mail, return receipt.
Certificates must be provided before commencing work in connection
with the contract. Failure to submit this shall subject to the towing
operator to immediate disqualification.
3.
The providing of any insurance required herein does not relieve the
towing operator of any of the responsibilities or obligations assumed
by the towing operator for which the towing operator may be liable
by law or otherwise.
b.
Policies of insurance shall contain endorsements to provide collision
coverage for vehicles in tow.
c.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey. Insurance companies shall
be acceptable to the Borough and shall have at least a B+ rating by
a recognized rating service.
d.
The Borough of Little Ferry shall be named as an additional insured
on all policies of insurance provided pursuant to this section. All
certificates of insurance shall provide that the policies may not
be cancelled, terminated or coverage decreased without thirty (30)
days written notice to the Borough.
e.
Policies of insurance required by this section shall be maintained
in full force and effect at all times. In the event any coverage is
cancelled, terminated, interrupted or decreased in amount, the tower
shall be removed from the official towers' list until such time as
the required coverage is reinstated or replaced.
[1982 Code § 203A-7; Ord. No. 1323-08-11; Ord. No. 1387-16-13;
amended 12-11-2018 by Ord. No. 1509-20-18; 9-10-2019 by Ord. No. 1523-13-19]
a.
The fees charged for the towing and storage of passenger vehicles
(including sport utility vehicles), commercial vehicles, private passenger
vehicles, and all other types of vehicles damaged in a crash, disabled
on the roadway or recovered after being stolen shall not exceed the
following:
|
Type
|
Fee
|
|---|---|
|
Towing - Basic
| |
|
Light duty - up to 10,000 lbs.
|
Hook-up $150
|
|
Medium duty - 10,001 - 16,000 lbs.
|
$250 per hour
|
|
Heavy duty - 16,001 lbs. and above
|
$500 per hour
|
|
Decoupling fee (if tow is not performed)
|
1/2 of basic rate
|
|
Recovery/Winching (In Addition to Towing - Per Truck Including
Driver)
| |
|
Light duty - up to 10,000 lbs.
|
$150 per hour
|
|
Medium duty - 10,001 - 16,000 lbs.
|
$350 per hour
|
|
Heavy duty - 16,001 lbs. and above
|
$600 per hour
|
|
Specialized Recovery Equipment
| |
|
Rotator/crane recovery unit
|
$1,200 per hour
|
|
Tractor with landoll trailer or detach trailer
|
$450 per hour
|
|
Tractor/transport hauler only
|
$250 per hour
|
|
Refrigerated trailer w/tractor
|
$450 per hour
|
|
Box trailer w/tractor
|
$400 per hour
|
|
Air cushion uni
|
$1,000 per hour
|
|
Light tower
|
$250 per hour
|
|
Pallet jack
|
$200 flat rate
|
|
Rollers
|
$200 flat rate
|
|
Any other specialized equipment
|
$250 per hour
|
|
Loader/backhoe/telescopic handler/bulldozer/bobcat
|
$300 per hour each
|
|
Forklift
|
$300 per hour
|
|
Dump truck/dump trailer w/tractor
|
$350 per hour
|
|
Roll-off with container
|
$350 per hour plus disposal
|
|
Recovery supervisor vehicle
|
$150 per hour
|
|
Scene safety equipment, communication equipment, traffic management
equipment, etc.
|
$250 per hour each type used
|
|
Recovery support vehicle/trailer additional recovery equipment
|
$350 per hour
|
|
Labor - All Labor Minimum of 1 Hour
| |
|
Accident minor cleanup and disposal of debris
|
$75 per hour, 1 hour minimum plus absorbent materials used
|
|
Recovery supervisor and/or Level III recovery specialist
|
$225 per hour
|
|
Certified towing operator
|
$125 per hour per man
|
|
Manual laborers
|
$100 per hour per man
|
|
Storage - Per Calendar Day (Inside Rates 2 Times Outside
Rate)
| |
|
Cars/light trucks 10' x 20' space
|
$35 per day
|
|
Trucks (dual wheels/single axle)
|
$75 per day
|
|
Tractor/dump truck/tractor and trailer combo/trailers
|
$125 per day
|
|
Buses
|
$150 per day
|
|
Roll-off
|
$125 per day for each
|
|
Cargo/accident debris/load storage/vehicle components 10' x
20' space
|
$45 per space used per day
|
|
Rental of any tow-company-supplied trailer post incident
|
$500 per day
|
|
Additional Services/Notes
| |
|
Fuel/hazmat/cargo spills cleanup and disposal
|
Time and materials
|
|
Hazmat and trash recovery
|
Surcharged 10%
|
|
Subcontractor markup
|
10%
|
|
Administrative charge - Only after 3rd visit to vehicle
|
Cars only - $50
|
|
Administration charge
|
Medium/heavy truck - $200
|
|
After-hours release
|
$75
|
|
Notification documentation fee
|
$50
|
|
Tarping/wrapping vehicle
|
$90 per car/$250 per truck
|
|
Fuel surcharge
|
Reserved for future need
|
|
Note: After the first hour, all hourly billable rates will be
charged in half-hour increments.
|
b.
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
c.
The fees set forth on the schedule for storage fees are the maximum
storage charges per twenty-four-hour period that shall apply to a
private passenger vehicle that is stored by a person.
d.
Additional storage shall not accrue if the vehicle has been released
by the Little Ferry Police Department but the official tower is not
available to release it. In that case, the impound charge will not
accrue if the vehicle owner is on site at the storage facility and
can perform all acts necessary to retrieve the vehicle by 10:00 a.m.
of the next business day.
e.
All official towers shall be obligated to tow and to make minor roadside
service repairs to vehicles owned by the Borough of Little Ferry in
the event that they become disabled, without charge to the Borough
if towed within the County of Bergen.
[Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
Copies of this section and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Borough Municipal Building. Copies shall also
be made available to the public at each official tower's place of
business.
b.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this section.
c.
The Borough reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
d.
The relationship between an official tower and the Borough is one
of an independent contractor. Neither party shall be construed in
any manner whatsoever to be an employee of the other, nor shall any
employee or agent furnished by any party be construed to be an employee
or agent of the other party. Inclusion on the official towers' list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit sharing agreement.
e.
The municipality shall not be liable or responsible for compensating
the official towers for any of the services performed under this section.
Compensation shall be the responsibility of the owner of the towed
motor vehicle, and the official tower shall proceed directly against
the owner.
[Amended 9-10-2019 by Ord. No. 1523-13-19]
f.
The official tower shall, at all times, be solely responsible for
the conduct of its employees.
g.
Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the Borough at any time during normal
business hours. Records shall be kept and maintained by the official
tower at one central location and shall be retained for a period of
seven years. Records may be written, printed or computerized as long
as the requirements of this paragraph are met.
h.
Each official tower shall provide the Little Ferry Police Department,
free of charge, the year, make, color, registration and vehicle identification
number of vehicles unclaimed over 30 days.
i.
All services rendered regarding Borough-owned vehicles shall be free
of charge and at no cost to the Borough.
[Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
In the event a complaint is received by the Borough involving the
improper or unsatisfactory performance of services by an official
tower, excessive charges or damage to a motor vehicle while in custody
of the tower, written notice of same shall be provided by the Borough
Administrator to the official tower involved. The tower shall have
the opportunity to respond, in writing, within five (5) days.
b.
Within fourteen (14) days of receipt of the tower's response, or
within twenty-one (21) days of receipt of the complaint, if no response
is received, the matter shall be presented by the Borough Administrator
to the Borough Council.
c.
The Borough Council shall consider the matter at a regular public
meeting and may request that the complainant and the tower involved
appear and give testimony regarding the complaint.
d.
If, after considering the matter, the Borough Council shall determine that one of the causes for revocation of the official tower's license, as set forth in subsection 4-32.6c exists, the license shall be revoked and the tower shall surrender same to the Borough Administrator within one (1) day.
e.
Failure to surrender the license upon revocation shall constitute
a violation of this section.
f.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
[Ord. No. 1323-08-11; Ord. No. 1387-16-13]
a.
Any person who shall violate any of the provisions of this section
shall, upon conviction, be punished by a fine not to exceed one thousand
($1,000.00) dollars and each violation of any of the provisions of
this section and each day the same is violated shall be deemed and
taken to be a separate and distinct offense.
b.
In addition to the fine provided above, a violation of any of the
provisions of this section shall be cause for revocation of the official
tower's license.
[1982 Code § 203A-10]
There shall be no additional charges including but not limited
to waiting time and minor cleanup costs. All towing service charges
must be in full conformance with the fee schedule provided herein.
Charges imposed without the specified receipt or for amounts other
than provided in the fee schedule will be cause for immediate termination.
[1982 Code § 203A-11]
Vendors shall make provision for and permit payment of towing
related charges by major credit card and/or auto club membership such
as "AAA" and "MCA" without minimum charge or service fee.
[1982 Code § 203A-8]
The Chief of Police is hereby authorized and directed to formulate
and implement such rules and regulations as may be necessary to the
enforcement of this section.
[Ord. No. 1213-22-06 § 1]
As used in this section:
Shall mean any configuration of two (2) or more retail and/or
service establishments.
Shall mean any container regardless of size or construction
that is used for the collection of used clothing.
[Ord. No. 1213-22-06 § 2]
a.
No person, firm, partnership, corporation or charitable organization,
institution or association whether for profit or not for profit shall
place or cause to be placed and/or maintain any dumpster or other
depository to collect clothing for the needy or for any other group
of people on any public or private property, including any public
sidewalk, street or alley or any private parking lot or walkway or
at any other location in the Borough of Little Ferry without first
submitting an application and obtaining a permit. In no event shall
a receptacle be placed on residential property or in a residential
district.
b.
The application for a permit to place a receptacle within the Borough
of Little Ferry shall be made in writing to the Borough Clerk and
signed by the applicant. The application shall set forth:
1.
Name and address of the person, firm, corporation, club or charitable
organization, institution or association placing and/or maintaining
such clothing depository or dumpster.
2.
Name and address of the owner of the premises on which the clothing
depository or dumpster is to be located and the written consent of
the owner if applicant is other than the owner.
3.
A sketch plat showing the exact location at which the clothing depository
or dumpster will be located.
4.
A description, including dimensions of the proposed clothing depository
or dumpster.
c.
An annual fee in the amount of twenty-five ($25.00) dollars shall
be due on or before January 15 of each year.
[Ord. No. 1213-22-06 § 3]
[Ord. No. 1213-22-06]
No receptacle shall be placed so as to create a danger or hazard
to any pedestrian or vehicular traffic or where it will unreasonably
restrict parking spaces. The location of the depository or dumpster
shall be subject to the approval of the Mayor and Borough Council
and the following regulations:
a.
The receptacle shall be located in such a manner that it will not
be necessary to park in a driveway or on an access drive for parking
stalls while depositing used clothing.
b.
The receptacles shall not be placed in any parking spaces, roadways,
sidewalks and/or walkways or in any buffer areas and shall be no closer
than three (3) feet to any property line.
c.
The areas adjacent to the containers shall be kept clear of all boxes
and debris.
d.
The receptacles shall be permitted in side and rear yards but not
within front yard setbacks.
e.
The receptacles shall not be located in a parking stall designated
to meet the parking requirements of the on-site uses.
[Ord. No. 1213-22-06]
The receptacles shall be maintained in a clean, sanitary condition,
painted and in good working order. Each receptacle shall be emptied
regularly not less than once each month but as often as possible in
order to ensure the receptacle and the area shall be clean.
[Ord. No. 1213-22-06]
Each clothing depository and dumpster and the surrounding area
shall be maintained in a neat, clean, and orderly condition and shall
be regularly emptied by the licensee. Failure to maintain the clothing
depository or dumpster and the surrounding area in a neat, clean and
orderly condition shall be cause for revocation of the license granted
hereunder.
[Ord. No. 1213-22-06]
This section shall be enforced by the Code Enforcement Officer.
All licensed clothing depositories and dumpsters shall be subject
to inspection by the Code Enforcement Officer or any other duly authorized
representative of the Borough.
[Ord. No. 1213-22-06]
Any person, firm, corporation, charitable organization, institution or association violating or failing to comply with any of the provisions of this section shall, upon conviction, be liable to the penalties stated in Chapter 1, General Provisions, Section 1-5. Each day that a clothing depository or dumpster remains at a location in the town without a permit shall be considered a separate offense.
[Ord. No. 1398-06-14 § 2]
All charitable organizations as defined in N.J.S.A. 45:17A-20
who desire to solicit contributions in roadways situate in the Borough
of Little Ferry shall file an application for a permit with the Little
Ferry Borough Clerk on a form supplied by said Clerk specifying the
following information:
a.
Name of applicant organization.
b.
Address of applicant organization.
c.
Telephone number of applicant organization.
d.
Contact person of applicant organization.
e.
Specific location or locations of proposed charitable solicitation.
f.
Dates and times of proposed charitable solicitation.
g.
If said request pertains to a location or locations on any County
highway, or intersection of a County highway, said application shall
include a copy of an authorization from the Bergen County Board of
Chosen Freeholders to permit said charitable solicitation.
h.
If said request pertains to a location or locations on any State
highway or intersection of a State highway, said application shall
include a copy of an authorization from the Commissioner of Transportation
of the State of New Jersey to permit said charitable solicitation.
i.
Identify the manner in which the motorist solicitation will be conduced
and the procedures to be used to ensure the safety of the members
of the public who will be traveling the roadways situate in the Borough
of Little Ferry.
[Ord. No. 1398-06-14 § 3]
Upon the filing of a complete application in accordance with
the provisions of this section, the Little Ferry Borough Clerk shall
present same to the Little Ferry Borough Mayor and Council for its
review and consideration, after which the Borough Mayor and Council
shall grant or deny the applicant's request. In the event the Borough
Mayor and Council grants the applicant's request, the Borough Clerk
shall issue a permit to the applicant which shall be subject to the
representations contained in the applicant's application and any conditions
imposed by the Borough Mayor and Council.
[Ord. No. 1398-06-14 § 4]
In no event shall any charitable organization requesting authorization
from the Borough of Little Ferry for said charitable solicitation
use any individual under the age of 18 years to perform any function
or task associated with the said charitable solicitation in any roadway.
[Ord. No. 1398-06-14 § 5]
Any charitable organization requesting authorization from the
Borough of Little Ferry for said charitable solicitation shall comply
with all of the terms and conditions of N.J.S.A. 39:4-60, as amended
by P.L. 1997, Chapter 82, approved April 30, 1997.
[Ord. No. 1398-06-14 § 6]
Any person guilty of violating any provision of this section
shall be liable for a fine of $100.00 for each day of such violation.
Tickets shall be written by the State, County or local police against
N.J.S.A. 39:4-60.
[Ord. No. 1398-06-14 § 7]
This section is adopted pursuant to N.J.S.A. 39:4-60.
