The general power to license and to prescribe license
fees is contained in R.S. 40:52-1, 2. Licensing is also a part of
the general police power granted by R.S. 40:72-3 and R.S. 40:48-2.
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 and dog
licenses.
An application for a license shall be accompanied by the required
fee and shall be made to the Borough Clerk upon forms provided by
him. It shall contain the following information.
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description, including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
The applicant shall be fingerprinted if necessary for proper
identification. Fingerprint records shall be immediately processed
for classification and identification.
Applications by partnerships shall be signed by all partners
with the information required by this subsection supplied in detail
as to each partner. Applications of corporations shall have attached
individual statements containing all 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.
The application shall be accompanied by two photographs, not
over one year old and of a minimum size of 1 1/2 inches by 1 1/2
inches, showing the applicant's face, front and profile.
Each application shall be referred to the chief of police or
a police officer designated by him, who shall immediately institute
whatever investigation he considers necessary for the protection of
the public concerning the applicant's business responsibility, moral
character and ability to properly conduct the licensed activity. He
shall report his findings in writing to the clerk within a reasonable
time after the application has been filed. If the investigator decides
that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activity are not free
from fraud, he shall disapprove the application, and the clerk shall
refuse to issue the license and so notify the applicant. Otherwise,
the clerk shall issue the license immediately, provided the required
license fee has been paid and except in cases where approval of the
Council is required. In the case of an application for a solicitor's,
peddler's or canvasser's license, the license may be issued immediately
subject to investigation. In the event of the disapproval of a license,
the applicant may appeal to the Council for hearing. The appeal must
be filed in writing with the clerk within 14 days after notification
of the disapproval. The Council shall hold its hearing within ten
days thereafter, and its decision shall be final.
The license shall be in a form which the Council shall prescribe
by resolution, and shall contain the following information.
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Council may require by
resolution.
The clerk shall keep a record of each license issued under this
chapter, in such form as the Council shall prescribe by resolution,
and which contains the same information as is contained in the license.
It shall also indicate the amount and date of payment of the license
fee, the date of issuance, whether it is a new license or a renewal,
and any other information which the Council may require by resolution.
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 any other case the licensee shall have
the license in his possession at all times and display it upon the
request of any police officer or any person with whom he is doing
business.
A license shall apply only to the person to whom it is issued
and shall not be transferable to another person. A license may be
transferred from place to place where the licensed activity is conducted
at a fixed location, but only with the approval of the Council by
resolution. The fee for the transfer of a license from place to place
shall be $5.00.
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight. Applications
for renewal 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 a month shall be considered a
full month for this purpose.
Any license or permit issued by the Borough may be revoked by
the Council after notice and a hearing for any of the following causes.
a.
Fraud or misrepresentation in an application for a permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
c.
A violation of any provision of this revision.
d.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude.
e.
Conduct of the licensed activity, whether by the licensee himself
or his agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
f.
Whenever a license has been issued immediately upon application,
pending the results of the required investigation, such license may
be summarily revoked if the result of the investigation is such as
would have resulted in disapproval of the application.
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses, and to have a
permanent record made of the proceedings at his own expense. The Council
shall revoke or suspend the license if it is satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
The Council may issue another license to a person whose license
has been revoked or denied if after hearing it is satisfied by clear
and convincing evidence that the acts which led to the revocation
or denial will not occur again. Otherwise, no person whose license
has been revoked or denied, nor any person acting for him, directly
or indirectly, shall be issued another license to carry on the same
activity.
The Council may, by resolution, make rules and regulations which
interpret or amplify any provision of this chapter or for the purpose
of administering or making more effective the provisions of this chapter.
No regulation shall be inconsistent with, 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.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinances Nos. 5/29/32 and 2-1964.
The practice of hawkers, peddlers, transient merchants or itinerant
vendors going uninvited upon and into private dwelling units or of
solicitors telephoning people in dwelling units without invitation
constitutes an annoyance and danger to the people and is fraught with
the opportunity to commit fraud or other crime. In addition, it is
in the best interest, safety and welfare of the residents of Flemington
to provide for traffic and pedestrian safety by regulating the use
of public streets, sidewalks, right-of-ways and other public property
and property adjacent thereto by hawkers, peddlers, transient merchants
and itinerant vendors.
a.
Hawk or hawker shall refer to the sale or offering for sale of goods
or merchandise from a cart, wagon, vehicle or conveyance of any kind
from or on the streets of the Borough of Flemington.
b.
Peddler shall mean the offering of goods or merchandise for sale
from door to door in the Borough of Flemington.
c.
Solicitor shall mean the offering of goods or merchandise for sale
from door to door by the use of samples with the actual product to
be supplied in the future or the promise to perform any service or
supply any goods or merchandise in the future with or without the
use of samples.
d.
Transient merchants or itinerant vendors shall mean persons, corporations
or partnerships who engage in a merchandising business in New Jersey
with the intent to close out or discontinue such business in Flemington
Borough within one year from date of commencement including those
who, for the purpose of carrying out such business, hire, lease or
occupy any building or structure for the exhibition and sale of goods.
This section shall not apply to:
a.
The licensing requirements of this section shall not apply to all
veterans who receive an honorable discharge based upon N.J.S.A. 45:23-9.
b.
Any person soliciting a vote or support for any political candidate
or program.
c.
Any person soliciting for a bonafide charitable, religious, patriotic
community service or philanthropic purposes or organization.
d.
Any person engaged in delivering wares, goods, merchandise or other
articles or things in the regular course of business, so long as the
person has ordered such merchandise or articles or is entitled to
receive the same.
It shall be unlawful for any peddler, hawker, solicitor or transient
merchant or itinerant vendor to sell or dispose of, or offer to sell
or dispose of, any goods, wares, merchandise, or service to be rendered
in the future, or to take orders for any goods, wares, merchandise
or services to be rendered or delivered in the future within the Borough
of Flemington without first obtaining a license therefor.
No person shall hawk, peddle or solicit except between the hours
of 9:00 a.m. and 5:00 p.m. Monday through Friday, inclusive and 10:00
a.m. and 4:00 p.m. on Saturday, and then only after having filed an
application and bond and receiving a license. No person shall solicit
by telephone at any time.
No person, firm, corporation, or organization shall solicit,
hawk, or peddle without first having filed the required bond and having
obtained a license. Written application for such license or permit
shall be made to the Borough Clerk and shall show: (1) The name of
the applicant and of all persons associated with him/her in his/her
business; (2) the type of business for which the license is desired;
(3) in case of transient merchants, the place where the business is
to be carried on; (4) the length of time for which said license is
desired; (5) a general description of the thing or things to be sold;
(6) the present place of business of the applicant; (7) the places
of residence of the applicant for the two years last past; (8) statement
as to whether or not the applicant, or his employer or principal has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance stating the nature of the offense and the punishment or
penalty assessed therefor. The Borough Clerk shall issue the said
license or permit within a period of ten days of the date of receiving
the application, provided that there is nothing in the application
to indicate that the applicant's character or business responsibility
is other than satisfactory for carrying on the said business within
the Borough of Flemington. In the event that the application is rejected
the Borough Clerk shall note such rejection on the application and
return it to the applicant, along with his/her application fee.
Before the license shall be issued the applicant shall execute
and deliver to the clerk of the Borough of Flemington a good and sufficient
bond with a good and sufficient surety in an amount of $500.00. Said
bond shall remain in force for one year from the date of issuance
and shall be conditioned to indemnify and pay the Borough of Flemington
any penalties, or costs, incurred in the enforcement of any of the
provisions of this section, and to indemnify or reimburse any purchaser
of personal property, in a sum equal to at least the amount of any
payment such purchaser may have been induced to make through the misrepresentation
as to the kind, quality, or value, of the personal value of the personal
property, and to indemnify or reimburse any such purchaser may have
made to a licensee for personal property or products, the delivery
of which is not made as represented by the license.
[Amended 11-27-2023 by Ord. No. 2023-28]
Fees for licensee on this section shall accompany the application
and shall be as follows:
All licenses or permits issued under the provisions of this
section shall be carried by the licensee or permittee. All licenses
or permits granted shall be shown by the holder to any officer or
resident of the Borough of Flemington to see same.
a.
All licenses or permits issued to persons or businesses as defined
in this section shall apply to principal only, provided that one assistant
will be allowed under such defined business, except as hereinafter
provided in this section.
If after investigation the Borough Clerk shall indicate disapproval
in writing upon the application, the applicant may appeal to the Flemington
Borough Common Council and the Flemington Borough Common Council shall
set a time and place for said appeal at which hearing applicant will
be given opportunity to present his reason why the license should
be issued. The decision of the Flemington Borough Common Council shall
be final.
No hawker, peddler, solicitor, transient merchant or itinerant
vendor shall call attention to their activity by the use of horns,
bells or other noises.
Every license or permit shall remain in force and be valid only
for the time thereon expressed, and shall apply only to the person
or persons to whom granted, and shall run from January first of each
year and it shall not be transferable. All yearly licenses shall run
from January first of the year in which the license is issued. All
monthly licenses shall run from the first day of the month in which
license is issued.
Any person, firm, corporation or business violating this section
shall, upon conviction, pay a fine not exceeding $1,000.00.
In case, for any reason any section or provision of this section
shall be held to be unconstitutional or invalid, the same shall not
be held to effect any other section or provision of this section.
This section shall take effect immediately after final adoption
and publication according to law.
[Ord. No. 2005-5]
It shall be unlawful for any hawker, peddler, transient merchant
or itinerant vendor to sell, buy, dispose of or offer to sell, buy
or dispose of any goods, wares, merchandise or services, or to take
orders for any goods, wares, merchandise or services to be rendered
or delivered within the Borough in or on any portion of a public street,
sidewalk, right-of-way or other public property or any property adjacent
thereto, and no license therefor shall be issued for any such activity.
However, this prohibition shall not apply to stationary stands or
carts to sell food, commemorative items, crafts and the like that
are incident to or a part of a special event, such as a parade, for
which a permit is required, in which case the application for the
permit shall include the location of such stands or carts and be subject
to approval by the party to whom the application must be submitted.
In no event shall any such stand or cart obstruct the streets or sidewalks
in violation of the Borough's ordinances.
[Ord. No. 2005-5]
Hawkers, peddlers, transient merchants and itinerant vendors
shall not be released from the prohibitions of or complying with the
provisions of this section merely by reason of associating temporarily
with any local dealer, trader, merchant or auctioneer or by conducting
such business in connection with, as part of or in the name of any
local dealer, trader, merchant or auctioneer.
[Ord. 8-1969, S
1; Ord. 2013-22; Ord. No. 2015-16]
A license from the local board of health shall be required for
any retail food establishment as defined in and governed by the Retail
Food Establishment Code of New Jersey (1965). The establishment shall
comply with all provisions concerning operation and maintenance contained
in the above-mentioned code. All licenses are effective from January
1st to December 31st of the same year.
[Ord. 8-1969, S 2; Ord. 19-1984, S II; Ord. 16-1988, S I; Ord.
2002-18, S 1; Ord. 2003-21, S 1; Ord. 2013-22; Ord. No. 2015-16; amended 4-8-2019 by Ord. No. 2019-7; 3-27-2023 by Ord. No. 2023-12; 4-24-2023 by Ord. No. 2023-14; 11-27-2023 by Ord. No. 2023-28]
The fees for licensure of retail food establishments are hereby
fixed as follows:
a.
Category 1. Newsstands, pharmacies, liquor stores, video stores and
other establishments handling commercially prepared, prepackaged,
nonpotentially hazardous foods as an incidental part of their business
will pay $155.
b.
Category 2. B&B's which serve full breakfasts; agricultural markets,
(where there is no food preparation) where potentially hazardous foods
are offered for sale or where grocery food items account for 50% or
more of the sales will pay $135 B&B's which serve continental
breakfasts are exempt from licensing and inspection, as are agricultural
markets offering for sale only raw agricultural products with only
an incidental amount of grocery items.
c.
Category 3. All other retail food establishments, including mobile
food units, will pay $275 per year. The license period will be from
January 1 through December 31.
d.
e.
If a mobile food unit is using an open flame to prepare foods the
vendor must obtain a Class I Fire Permit from the Fire Marshal each
time the vehicle parks for an event.
f.
Farm markets will pay an annual blanket fee of $240 to cover the
following types of vendors: baked goods-prepared in a licensed and
inspected kitchen, whole uncut fruits and vegetables, including mushrooms,
jarred foods for example: jellies, jams, pickles, honey, maple syrup,
cider etc., refrigerated foods for example: eggs, cheese etc., frozen
meats, coffees, teas, plants soaps, olive oils and vinegars. The license
period will be from January 1 through December 31. An applicant must
make application at least two weeks prior to the event.
g.
Farm markets offering food for immediate consumption will pay an
additional fee of $150 annually for foods that are prepared for immediate
consumption that are not packaged. If these vendors are utilizing
an open flame to prepare or to keep food at safe temperature as specified
by the Hunterdon County Health Department the vendor must obtain a
Class I Fire Permit from the fire marshal each time the vendor sets
up their preparation area. The license period will be from January
1 through December 31. An applicant must make application at least
two weeks prior to the event.
h.
Annual licenses must be renewed for the upcoming year by January
31st to avoid the imposition on the applicant of a $30 late fee in
the case of a category 1 or 2 license, and a $50 late fee in the case
of a category 3 license.
[Ord. 8-1969, S 3; Ord. 2013-22; Ord. No. 2015-16]
Any license issued under the terms of this section may be suspended or revoked by the board of health because of the violation by the licensee of any provision of this section or (N.J.A.C. 8:24) Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" or whenever it shall appear that the business, trade, calling, profession or occupation of the person to whom the license was issued is conducted in a disorderly or improper manner or in violation of any Federal, State, or municipal law, or that the person conducting the retail food establishment is of an unfit character to conduct the establishment, or that the purpose for which the license was issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.
A license shall not be revoked, cancelled or suspended until
a hearing has been held by the board of health. Written notice of
the time and place of the hearing shall be served upon the licensee
at least three days prior to the date set for the hearing. The notice
shall contain a brief statement of the grounds to be relied upon for
revoking, canceling or suspending the license. Notice may be given
either by personal delivery to the person to be notified or by certified
mail addressed to the person to be notified at the business address
appearing upon the license. At the hearing before the board of health
the licensee shall have an opportunity to be heard. The board of health
may dismiss the complaint or it may revoke, cancel or suspend the
license.
If any license is revoked, neither the holder thereof nor any
person acting for him, directly or indirectly, shall be entitled to
another license to carry on the same business within the Borough unless
the applicant for the license is approved by the board of health.
[Ord. 5-1971, S 1]
a.
Permit Required. A permit from the Borough shall be required of any
person who engages in the operation of one or more machines or devices
offered for public use which, upon insertion of a coin, coins or token,
or by other means, dispenses unit servings of food or beverages, either
in bulk or package, without the necessity of replenishing the devices
between each vending operation.
The provisions of the Food and Beverage Vending Machine Code
of New Jersey (1961) as adopted or amended by the board shall be complied
with.
b.
License Required. A license from the Borough shall be required for
one or more machines or devices offered for public use which, upon
insertion of a coin, coins, or tokens, or by other means dispense
unit servings of food or beverages, either in bulk or package, without
the necessity of replenishing the devices between each vending operation.
All provisions of the Food and Beverage Vending Machine Code
of New Jersey (1961) as adopted or amended by the board shall be complied
with.
[Ord. 3-1969, S 2; & New.]
a.
The fees for permits and licenses for the purpose of raising revenue,
for regulation and control to be paid annually to the Borough shall
be as follows.
Permit fee, $5.00 per year.
License for each machine, $10.00 per year.
Permit and license fees shall be paid to the Borough Clerk.
[Ord. 3-1969, S 3.]
Application for and issuance of permits and licenses shall be
made in conformity with the provisions of the Food and Beverage Vending
Code of New Jersey (1961) as adopted or amended by the local board
of health. Such permits and licenses are not transferable.
[Ord. 3-1969, S 4.]
Permits and licenses may be suspended, revoked or reinstated
by the Borough pursuant to the provisions of the Food and Vending
Code of New Jersey (1961) as adopted or amended by the board of health.
A license shall be required to maintain or operate a pool room,
billiard room, or bowling alley.
Applications shall be in writing to the Borough Clerk. The application
shall state the type and location of the business proposed to be licensed;
the name, residence, age and occupation of the applicant; and the
number of pool tables, billiard tables or bowling alleys the applicant
desires to operate. Applications shall be accompanied by the appropriate
fee, and shall be submitted to the Borough Council, which shall have
discretion in the granting of the license. If an application is denied,
the clerk shall immediately return the fee to the applicant.
The fees shall be as follows:
Each license shall be for a particular person and a specific
location. It shall not be transferable either as to person or place.
Each license shall be displayed in the licensed premises so as to
be readily observable.
Any license may be suspended or revoked by the Borough Council
for violation of any of the terms of this section or for other good
cause. Upon any proceeding for suspension or revocation, written notice
of the charges shall be served upon the licensee within five days
of the time set for the hearing. The notice may be either in person
or by registered mail addressed to the licensed place of business,
and the hearing may be adjourned from time to time. If any license
is suspended or revoked, the licensee shall not be entitled to the
return of any part of the license fee.
This section shall not apply to any church or fraternal order
or other private nonprofit association which operates or maintains
any of the specified places or types of amusement solely for the use
of its own members.
No person under the age of sixteen years shall be permitted
to play pool or billiards in any licensed premises.
A license shall be required to maintain, use, operate or conduct
in any public or quasi-public place, or to permit such maintenance,
use, operation or conduct of any automatic amusement devices of the
type commonly known as bagetelle, pin ball, baffleboard or other automatic
amusement devices operated either through insertion of a coin or otherwise.
Each application for a license shall be filed in writing with
the Borough Clerk, and shall state the applicant's name, address,
age and occupation, the number and kind of devices sought to be licensed,
the name and address of the owner if other than the applicant, the
place where devices will be maintained or operated, whether or not
the applicant has ever been convicted of a crime or of any violation
of a Borough ordinance involving gambling and such other information
as the Borough Council may require. All applications shall be accompanied
by the appropriate license fee.
All such applications shall be considered by the Borough Council
which in its discretion may grant or refuse the license. Upon the
granting of any license it shall be promptly issued by the Borough
Clerk If the application is rejected, the fee accompanying it shall
be promptly returned.
[Amended 7-9-2018 by Ord. No. 2018-12]
The fee for licenses shall be $100 for the first device through
10 such devices and $10 per each additional device licensed for one
year or any part. This fee will be waived for the first year of operation.
The license shall entitle the licensee to maintain the device
only at the place designated on the license, and may be transferred
to another place only upon written authority to effect the transfer
issued by the Borough Council. Any license issued shall not be transferable
to any other party.
Each license shall state the name and address of the licensee,
the nature and character of the device licensed, the name and address
of the owner if not the licensee, and the license fee paid, and shall
briefly state that the device is licensed by the Borough.
Each license shall be prominently displayed near the device
itself.
If revocation proceedings are taken against any licensee because
of gambling or violation of any other law, the licensee shall be served
with written notice of the charges against him, at least five days
prior to the date set for the hearing. The notice shall indicate that
revocation proceedings will be heard by the Borough Council at the
time and place named in the notice, and that the licensee may be present
and may be heard.
This licensing section is enacted for the purpose of raising
revenue and regulating the maintenance, use and operation of amusement
games or devices.
Shall mean any machine producing music which is started by
inserting a coin or which is played for hire by any person or device.
A license shall be required for any person to offer a jukebox
or other automatic machine playing music from records for the use
of the general public.
The clerk is authorized to issue any such license after payment
by the applicant of a license fee of $10.00. The license fee shall
state the place at which machine is to be used and that it shall not
be used in any other location. Each license shall be good for the
calendar year in which it is issued, and shall be renewed annually.
Any person to whom a license is granted shall exhibit the license
whenever required to do so by any police officer or other representative
of the Borough. No jukebox or other automatic machine playing music
from records shall be played after the hour of 11 p.m. or before the
hour of 8 a.m.
It shall be unlawful for any person to conduct a motion picture
show, theatre, or show house, or any performance indoors without having
first made proper provisions for seating, ventilating, ingress and
egress, nor without having first applied to the clerk in writing,
signed by the owner or proprietor, for a permit.
The clerk shall issue the permit when the written application
is filed with him. The permit shall be subject to a summary revocation
if the Council determines that the performance is of such a nature
or so conducted as to be a nuisance or likely to become dangerous
to the public health. A failure to comply with this regulation or
to at once close on notice from the clerk shall forfeit the permit
and shall subject the person to any other penalties provided in this
revision.
Nothing in this section shall be construed to require a permit
for performances or entertainments given by or under the auspices
of any church, school, society, association or club of the Borough
except when performances are held or given in a public play house,
opera house or theatre.
All buildings where moving picture shows, theatrical performances,
public entertainment of any and every character are held in the Borough
shall be inspected by the Borough fire chief, who shall report to
the Mayor any and all conditions discovered by him regarding seating
capacity, ventilation, means of ingress and egress; if he finds that
the conditions of any of the places of amusements are such as would
endanger the life or limb of the public, then the fire chief shall
notify the owner or proprietor of the place and the Borough Council
may order the place closed until the building or room is put in safe
condition.
It shall be unlawful for any person to enter or unload garbage
or refuse of any kind upon the Flemington-Raritan Municipal Landfill
Project, on Pennsylvania Avenue Extension, in Raritan Township, unless
he first obtains an annual permit to do so, in accordance with the
provisions of this section. The permit shall expire on December 31
of the year for which issued.
Residents of the Borough of Flemington may, on proper application,
obtain permits from the Borough Clerk to enter and use the municipal
landfill project for noncommercial purposes. There permits shall be
issued without cost.
Permits may be obtained from the Raritan township clerk authorizing
persons to engage in the commercial collection of garbage and refuse
within the Borough of Flemington and to use the municipal landfill
project for the deposit of garbage and refuse. A permit must be obtained
for each vehicle used for delivering garbage and refuse to the municipal
landfill project, vehicles being classified as follows:
Class A — Standard covered garbage truck with
loader.
Class B — Vans and trucks above one ton.
Class C — Trucks under one ton.
No garbage or refuse originating outside of the Borough of Flemington
or the Township of Raritan shall be deposited on the municipal landfill
project.
No person shall transport any garbage or refuse through the
streets or roads of the Borough of Flemington or the Township of Raritan
except in closed receptacles, closed truck bodies, or truck bodies
covered with a tarpaulin. No person shall allow any garbage or refuse
to blow out of, fall from or otherwise escape from such vehicles.
This section is similar to an ordinance enacted by the Township
of Raritan. All of the costs of administering, maintaining and operating
the municipal landfill project shall be borne equally by both municipalities.
Permit fees and fines collected as penalties shall be paid one half
to the Borough of Flemington and one half to the Township of Raritan.
The hours of operation of the municipal landfill project and
availability of the use of the landfill project to the public shall
be as regulated by resolution passed by the Borough of Flemington
and the Township of Raritan. Permits for persons to engage in the
commercial collection of garbage and refuse and to use the municipal
landfill project shall be obtained for each vehicle used for delivering
garbage and refuse to the landfill project, the fees for such permit
shall be as provided by resolution passed by the Borough of Flemington
and the Township of Raritan. Hours of operation and the fee structure
for permits shall be reviewed each year by the municipalities concerned.
Pending such review the hours and fee structure of the previous year
shall remain in effect.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 2-1976.
The following words and phrases, as used in this section, shall
have the following meanings and definitions:
Shall mean and include any goods or other property capable
of being the object of a sale regulated hereunder.
Shall mean owner or lessee of the premises, including individuals,
families, partnerships, voluntary association and corporations.
Shall mean any dwelling house, building or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
garage, steps or vestibule belonging or appurtenant to such dwelling
house or other structure.
Shall mean and include all sales entitled "garage sale",
"lawn sale", "attic sale", "rummage sale" or "flea market sale" or
any similar casual sale of tangible personal property, which is advertised
by any means whereby the public at large is or can be made aware of
said sale.
A yard sale may be conducted from private premises only, and
goods may be displayed and sold out of doors only in compliance with
the provisions of this section.
It shall be unlawful for any person to conduct any yard sale
in the Borough of Flemington without first filing with the Borough
Clerk the information hereinafter specified and obtaining for such
officer a license so to do to be known as a "yard sale license". Such
filing shall be made at least one day prior to the requested sale
date. The fee for such license shall be and is hereby fixed at $5.00.
a.
Such license shall not be issued to any one person or for any one
location more than twice within a one-year period; provided, however,
that no license shall be issued to any person or any location for
a sale to be conducted within 30 days of the date of any other sale
held by that person or at that location. No license shall be issued
for more than two consecutive calendar days. No yard sales will be
allowed on a legal holiday. Charitable or religious or civic organizations
may be allowed more than two licenses within said one-year period
with the approval of the Common Council, and no license fee shall
be required.
b.
Each license must be prominently displayed on the premises and visible
from the street upon which the yard sale is conducted throughout the
entire period of the licensed sale.
The information to be filed with the Borough Clerk pursuant
to this section shall be as follows:
a.
The name of the person, firm, group, corporation, association or
organization conducting said sale.
b.
The name of the owner of the property on which said sale is to be
conducted and the consent of the owner, if the applicant is other
than the owner.
c.
The location at which the sale is to be conducted
d.
The number of days of the sale, not to exceed two days.
e.
The date and nature of any past sale.
f.
The relationship or connection the applicant may have had with any
other person, firm, group, organization, association or corporation
conducting said sale and the date or dates of such sale.
g.
Whether or not the applicant has been issued any other vendor's or
mercantile license by any local, state or federal agency.
h.
The sworn statement or affirmation by the person signing that the
information therein given is full and true and known to him to be
so.
No sign for advertising or directing customers shall be posted
on any place other than the premises of the applicant. One sign shall
be permitted. Said sign shall not exceed three feet by three feet
in size and shall not be placed on the premises earlier than one week
prior to the sale and must be removed immediately upon the termination
of the sale.
a.
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit any loud or boisterous conduct on said
premises nor permit vehicles to impede the passage of traffic on any
roads or streets in the area of such premises. All such persons shall
obey the reasonable orders of any member of the police or fire department
of the Borough of Flemington in order to maintain the public health,
safety and welfare.
b.
All licensed premises shall at all times be subject to such reasonable
rules as may be made from time to time by the Common Council of the
Borough of Flemington and shall be subject to inspection at all times
by the chief of police or any of their agents or any other duly authorized
representative of the Borough of Flemington.
c.
The display of goods, signs or fixtures in connection with the sale
shall not be permitted to result in a reduction of the width of the
usual pedestrian passageway to less than four feet.
a.
It shall be unlawful for any person to offer for sale mattresses,
bed springs, cots, lounges and sofas in any yard sale authorized under
this section without first complying with the appropriate section
of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling,
sterilizing and disinfecting of said mattresses, bed springs, cots,
lounges and sofas.
b.
No refrigerator or icebox having a capacity of one and one-half cubic
feet or more, with an attached lid or door which may be opened and
fastened shut by means of an attached latch, lock or other similar
device, shall be displayed, offered for sale or sold at a yard sale
unless the attached lid or door shall first be removed and detached
therefrom.
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling pursuant to an order or process of a court of competent
jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Persons selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
d.
Persons selling where the sale is covered by a valid auction license
issued by the Borough of Flemington.
Any person who violates the terms of this section shall, for
a first offense, pay the license fee plus court cost, and for a second
or subsequent offense pay the license fee plus a fine of $50.00 plus
court costs.
Except as hereinafter provided, it shall be unlawful to sell
or dispense dry goods, merchandise and other goods from coin-operated
vending machines in the Borough of Flemington.
Any person desiring to maintain a coin-operated vending machine
shall make application to the Borough Clerk for a license, specifying
where said machine is to be maintained and operated, the name and
address of the owner or lessee of the premises, the nature of the
goods to be sold by such machine, and the number of machines to be
in operation.
All licensed coin-operated vending machines shall be located
inside a building and none shall be located on the public street;
buildings wherein such machines are located shall be in compliance
with municipal building and other requirements; such machines shall
be constructed of metal or other nonabsorbent material.
If the application shows that the proposed coin-operated vending
machine will be operated in accordance with the requirements of this
section, then the municipal clerk shall forthwith issue a license.
The annual license fee shall be $10.00 per coin-operated vending machine.
All licenses shall expire December 31.
Any person, firm or corporation violating any of the provisions
of this section shall, upon conviction thereof, be punished for a
fine not to exceed $200.00 or by imprisonment not to exceed 90 days
or both.
a.
Legislative findings. Certain newspaper distributors have been placing
vending machines on or along public roadways, streets, sidewalks,
ways or places within the Borough of Flemington ("Borough"). The Borough
has conducted a survey of existing newsracks and has determined that
they have been placed in a haphazard manner, with no regard for the
safety and well being of the Borough and its residents and the historic
character of the Borough. The Mayor and Council have concluded that
the existing placement of these newsracks causes potentially dangerous
conditions and obstructions of pedestrian or vehicular traffic on
or along public roadways, streets, sidewalks, ways or places and that
the newsracks interfere with the Borough's policy of maintaining the
aesthetic character of its historic district.
b.
Legislative intent. It is the purpose of this section to: (a) provide
for pedestrian and driving safety and convenience; (b) restrict unreasonable
interference with the flow of pedestrian or vehicular traffic including
ingress into or egress from any residence or place of business, or
from the street to the sidewalk by persons exiting or entering parked
or standing vehicles; (c) maintain the aesthetic character of the
historic district; (d) provide reasonable access for the use and maintenance
of poles, posts, traffic signs or signals, hydrants, mail boxes and
access to locations used for public transportation purposes; (e) relocate
and/or replace newsracks which result in visual blight and/or excessive
space allocation on the public rights of way, or which unreasonably
detract from the aesthetics of store window displays or adjacent landscaping
and other improvements; (f) maintain and protect the values of surrounding
properties; (g) reduce unnecessary exposure of the public to personal
injury or property damage; (h) treat all newspapers equally regardless
of their size, content, circulation, or frequency of publication;
(i) maintain and preserve freedom of the press; (j) cooperate to the
maximum with newspaper distributors.
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the person responsible for placing and maintaining
a newsrack on or along a public sidewalk, roadway, way, place or street.
Shall mean any newspaper of general circulation as defined
by general law; any newspaper duly entered with the Post Office Department
of the United States, in accordance with Federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law, and any other periodical used for advertising
or news.
Shall mean any type of unmanned device for the vending or
free distribution of newspaper or new periodicals of any kind.
Shall mean any corporation, company, association, society,
firm, partnership, or individual.
Shall mean any public street, highway, sidewalk, parkway
or alley.
No person shall place, affix, erect, construct or maintain a
newsrack without first obtaining a one time only certificate of compliance
for each newsrack in accordance with the provisions of this section.
a.
General placement of newsracks. Subject to the prohibitions set forth in § 4-13.9 , the nearest portion of a newsrack shall be no more than 18 inches from a building, or a curb or the edge of the street where there is no curb. No newsrack shall be placed more than four feet from the hash mark of a parking space where there are marked parking spaces.
b.
Installation and maintenance.
1.
A newsrack shall be chained, bolted or otherwise securely placed so as to prevent its being blown down or around and to reasonably prevent personal injury or property damage due to tilting, tipping or overturning. No newsrack shall be chained, bolted or otherwise attached to any public fixture, including, but not limited to, official signs, sign supports, guide rails, traffic signal supports, highway lighting supports, controller boxes, fire hydrants or bus shelters. A distributor shall be responsible for repair of the area, leaving no holes or projections in the mounting surface, including, but not limited to the sidewalk and/or curb, affected by the removal of any newsrack placed on a public right-of-way. Said repairs shall be made within 30 days of removal, however, in the case the repairs are not commenced within this period, the Borough may repair the affected areas(s) and bill the distributor for all costs connected thereto or charge such amounts against the bond required by § 4-13.6.
Newsracks may be placed next to each other, provided that no
group of newsracks extends for a distance of more than six feet along
a curb. Newsracks may be chained or otherwise attached to one another;
however, no more than two newsracks may be joined together in this
manner. A space of no less than ten feet shall separate individual
newsracks or each group of newsracks so attached or placed next to
each other.
2.
Newsracks located in that portion of the Flemington Historic District
on Main Street from Capner to Church Streets and 100 feet back on
all intersecting streets measured from the curb line of Main Street
shall be painted forest green in color. Newsracks located in the above
referenced area shall carry no card holders or advertising except
for that dealing with the display, sale or purchase of the newspaper
or periodical being dispensed with duplicate lettering on the front
and back of the cabinet, such lettering not to exceed six inches in
height and to be white in color.
3.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
that said person is unable to receive the newspaper or periodical
for which payment was made. The coin-mechanism shall be maintained
in good working order at all times. However, newsracks for free newspapers
may omit a coin box and may have the pull bar welded to the door.
4.
Newsracks shall be maintained in good working order at all times,
with unbroken hoods and structural parts and shall be reasonably free
of paint that is chipped, faded, peeling and cracked, and free of
rust or corrosion.
5.
The name, address and telephone number of a responsible person who
may be contacted at any time concerning the newsrack shall be displayed
prominently on the newsrack in such a manner as to be readily visible
and readable to a prospective customer thereof.
6.
The distributor shall remove all snow and ice accumulating on its
newsracks and an area two feet to each side of its newsracks within
12 hours of daylight after same shall fall, be formed or accumulate.
7.
No newsracks shall exceed 50 inches in height, 36 inches in width
or 24 inches in depth.
a.
Approving authority. The approving authority for newsracks shall be the Borough Clerk. The Borough police chief shall be responsible (1) for determining whether applications for a certificate of compliance meet the specific standards set forth in § 4-13.9a through m, for ensuring that newsracks are placed only where shown in an application and (3) for enforcement of violations of this section.
b.
Applications. The applicant shall file with the Borough Clerk a written
application for an installation certificate of compliance which shall
contain the following information: (1) the name, address and telephone
number of the applicant, who is the owner and/or principal in responsible
charge of the newsrack(s); (2) the name, address and telephone number
of the responsible person whom the Borough may notify or contact at
any time concerning the applicant's newsrack; (3) the number of newsracks
and the proposed location of each shown on a drawing provided by the
Borough Clerk; (4) the names of newspapers or periodicals to be contained
in each rack; (5) type or brand of newsrack, including an illustration
and description of the newsrack and mount.
c.
Issuance of a certificate of compliance. Upon a finding by the Borough
Clerk that the applicant is in compliance with the provisions of this
section and having received the required approvals from the police
chief specified in paragraph a, the Borough Clerk shall cause to be
issued a certificate of compliance for installation by the newspaper
publishing company in accordance with the application and the provisions
of this section. Such issuance shall be made within ten working days
of the Borough's receipt of the complete application. The Borough
Clerk shall further issue a numbered decal for each newsrack to be
maintained under a certificate of compliance. Such decals shall be
affixed to each newsrack in a conspicuous manner.
d.
Denial of a certificate of compliance. If a certificate of compliance
for some newsrack location(s) applied for shall be denied, the applicant
shall be notified of the denial within ten working days of the Borough's
receipt of a completed application. The applicant shall be advised
of the specific cause for such denial by the Borough Clerk, who will
suggest alternative location(s) therefor. The applicant may reapply
for substitute or alternative location(s) at no additional certificate
of compliance fee.
e.
Newsracks for which a certificate of compliance has been granted
may be moved to a new location provided that the Borough Clerk shall
be notified of the location within five calendar days after the move,
and that a fee of ($5.00) shall be paid within this five days to cover
the cost of inspection of the new location by the police chief.
f.
Additional newsrack certificate(s) of compliance. If at any time after the initial application for an installation certificate of compliance, an applicant wishes to install additional newsracks, then the above procedure and application paragraph are to be repeated in accordance with the provisions of this section. Any amount still on account will be credited against the cumulative returnable bond deposit required under § 4-13.6, Insurance. Additional certificate(s) of compliance fee(s) shall be in accordance with § 4-13.7, except that the ($50.00) distributor's fee is waived if previously paid.
Prior to the issuance of a certificate of compliance by the
Borough Clerk, the applicant shall furnish to the Borough Clerk, a
certificate of public liability insurance with a ($50,000.00) combined
single limit and, if the newsrack is to be affixed to Borough property
or the sidewalk, a one time only returnable bond deposit which shall
be maintained by the Borough Clerk so long as the newsracks remain
in the Borough, unless a charge against same is taken pursuant to
this section. Returnable bonding amounts for newsrack installations
shall be:
|
Total Proposed Newsracks
|
Total Returnable Bond
|
|---|---|
|
1 to 4
|
$150.00
|
|
5 to 10
|
$300.00
|
|
11 to 20
|
$500.00
|
|
21 and up
|
$700.00
|
Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance subject to approval of the Borough attorney. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s) in Borough rights-of-way, and any termination or lapse of such insurance shall be a violation of this section, subject to appropriate remedy provided by § 3-11. In the event that a distributor's insurance lapses and/or is terminated, and in addition to any liability imposed under § 3-11, the distributor shall indemnify and hold harmless the Borough for any liability arising out of and/or resulting from such insurance lapse and/or termination.
There shall be a one time only certificate of compliance fee
in the amount of $50.00 for each distributor publisher, plus $10.00
per newsrack. Failed inspections are subject to a reinspection fee
of $5.00. All of the above fees will be used to defray administrative
expenses related to this section only, and any revenues after the
implementation of this section will be returned to the distributors
in proportion to their respective contributions.
Any applicant who has been denied a certificate of compliance
pursuant to the provisions of this section may file an appeal with
the Borough Council by requesting in writing to the Borough Clerk
appearance before the Council to review said denial. The appeal shall
be heard by the Council by 30 days within the filing of the appeal
or at the next scheduled regular meeting, whichever is sooner. The
decision of the Council on appeal is subject to judicial review as
provided by the laws of the State of New Jersey.
No newsrack shall be placed, installed, used or maintained:
a.
Within five feet of any marked or unmarked cross-walks;
b.
Within ten feet of any fire hydrant, fire call box, police call box
or other emergency facility;
c.
Within five feet of any driveway;
d.
Within ten feet to the rear of any sign marking a designated bus
stop, measured along the pavement;
e.
Within three feet of any bus bench, or plaza bench;
f.
At any location where the clear space for the passageway of pedestrians
is reduced to less than six feet except if there is less than six
feet in width of sidewalk, one newsrack or group of up to three newsracks
may be located every 250 feet;
g.
Within 12 inches of any area improved with lawn, or hedges, or within
three feet of flowers, trees or other landscaping;
h.
Within five feet of a building entrance;
i.
Within a curb return (from point of tangency to point of tangency);
j.
Directly in front of, or within ten feet to the side of any historic
building or structure listed on the Federal Historic Register and/or
the New Jersey Historic Register, and the following structures in
the Flemington Historic District: Old Lee House, Fleming Castle, Hunterdon
County Court House, Union Hotel, Southard Building and the Doric House.
The ten feet shall be measured from a line extending from the corner
of the building or structure to the curb or street edge;
k.
In an area parallel to any no parking zone and within ten feet of
the curb or street edge in such zone, except that otherwise permissible
locations in front of existing multiple dwelling complexes of ten
units or more may be utilized for newsracks if the front of the newsrack
is facing away from the street edge or curb;
l.
In front of any churches or other houses of religious worship;
m.
In such a manner as to cover any portion of a display window of a
business establishment.
a.
Penalties. Penalties for violations of this section shall be as provided in § 3-11 of the Revised General Ordinances.
b.
Nonconforming newsracks. From 150 days after this section becomes
effective and at any time thereafter, any newsrack placed in a public
right-of-way before the effective date of this section shall be deemed
to be in violation of this section unless a certificate of compliance
is obtained.
c.
Abandonment. A newsrack shall be deemed abandoned and may be designated as same by the police chief when no publication is in the newsrack for a period of more than seven consecutive days, absent a strike or other event beyond the control of the distributor. Upon the designation of abandonment, the Borough Clerk shall notify the distributor within five working days at which time the distributor shall have 30 days to remove any such newsrack(s), subject to the provisions set forth in § 4-13.4b1 .
In the event a newspaper publishing company or its distributor decides to voluntarily abandon a newsrack location, the said distributor shall notify the Borough Clerk, completely remove the newsrack and mount and restore the public right-of-way to safe condition as set forth in § 4-13.4b1 hereof. Said restoration shall be made within 30 days of removal, however, in the event the repairs are not commenced within this period, the Borough may repair the affected area(s) and bill the distributor or charge its bond for all costs connected thereto.
[2-8-2021 by Ord. No.
2021-2]
No person shall place, use or employ a donation clothing bin
for solicitation purposes within the Borough of Flemington unless
the following requirements are met.
a.
The person has obtained a permit, valid for one year, from the Borough
of Flemington Clerk.
b.
The Clerk shall issue a permit only if the person applying has supplied
the following information:
1.
The location where the bin would be situated, as precisely as possible.
2.
Proof that the applicant owns the property where the bin is to be
placed or written consent from the property owner to place a clothing
donation bin on the subject property.
3.
The manner in which the person anticipates any clothing or other
donation collected via the bin would be used, sold or dispensed and
a method by which the proceeds of the collected donations would be
allocated or spent.
4.
Contact information for the applicant and property owner.
[2-8-2021 by Ord. No.
2021-2]
a.
Every application for the placement of a clothing donation bin shall be reviewed by the Borough Zoning Officer to determine if the placement of said bin constitutes a safety hazard or otherwise violates Borough ordinances (including § 4-14.11 of this section) or land use approvals granted for the subject property. Such hazard shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases, the placement of the donation bin would obstruct a parking space or loading zone, or the placement of the donation clothing bin would constitute a traffic hazard.
b.
The Clerk shall not grant an application for a permit to place, use
or employ a donation clothing bin if the Zoning Officer determines
that the placement of the bin could constitute a safety hazard or
otherwise violate Borough ordinances or land use approvals.
[2-8-2021 by Ord. No.
2021-2]
The fee for the application for a donation clothing bin shall
be $250.
[2-8-2021 by Ord. No.
2021-2]
An expiring permit for a donation clothing bin may be renewed
upon application for renewal and payment of a fee of $250.
[2-8-2021 by Ord. No.
2021-2]
The annual renewal application for the placement of a clothing
donation bin shall include the following:
a.
The location where the bin is situated, as precisely as possible;
and
b.
If the applicant intends to move the bin, the new location where
the bin would be situated after the renewal is granted, and written
consent from the property owner to place the bin on his/her property;
and
c.
The manner in which the person has used, sold or dispensed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the person anticipates he/she may make in these processes
during the period covered by the renewal; and
d.
Contact information for the applicant and property owner; and
[2-8-2021 by Ord. No.
2021-2]
The Clerk shall deny a renewal permit for the placement of a
clothing donation bin if the applicant or property owner are subject
to outstanding an unremedied violations of this section.
[2-8-2021 by Ord. No.
2021-2]
The Clerk shall issue a permit number and the permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information described in § 4-14.10 of this section.
[2-8-2021 by Ord. No.
2021-2]
The person, and any other entity which may share of profit from
any clothing or other donations collected by the bin, shall maintain
a bona fide office where a representative of the person or entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office.
[2-8-2021 by Ord. No.
2021-2]
Except as set forth in § 4-14.12, no more than three permits for the placement of clothing donation bins may be issued per property. For the purposes of this section, adjacent lots under common ownership or use shall be considered a single property.
[2-8-2021 by Ord. No.
2021-2]
The following information shall be clearly and conspicuously
displayed on the donation clothing bin:
a.
The name and address of the registered person that owns the bin and
of any other entity which may share or profit from clothing or other
donations collected via the bin; and
b.
The telephone number of the person's bona fide office, and, if applicable,
the telephone number of the bona fide office of any other entity which
may share or profit from any clothing or other donations collected
via the bin; and
c.
In cases where any entity other than the person who owns the bin
may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds or both may be shared or given entirely to
an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
d.
A statement consistent with the information as required by § 4-14.1b3 of this section, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or dispensed and § 4-14.5c indicating the method by which the proceeds of the collected donations would be allocated.
[2-8-2021 by Ord. No.
2021-2]
a.
The person placing, using, or employing a clothing donation bin shall
maintain the bin and the surrounding area such that there shall be
no accumulation of clothing or other donations outside the bin.
b.
No clothing donation bin shall be placed, used, or employed unless
such donation bin is free of rust, peeling paint, or other deleterious
effects.
c.
No clothing donation bin shall be placed on municipally owned property,
except with the written authorization of the Mayor and Council.
d.
Clothing donation bins shall only be located in nonresidential zoning
districts.
e.
Clothing bins shall be placed in the rear or side yard of the property
and shall not be closer than 250 feet to an adjacent residential dwelling
or five feet to the property line.
f.
No more than three bins may be located on a single property or within
a single complex.
g.
Each bin shall not exceed six feet in depth, eight feet in width,
and six feet in height.
h.
The placement of bins shall not interfere with vehicular or pedestrian
traffic.
i.
Bins shall be located in clearly visible and well-lit areas to permit
inspection and enforcement.
j.
Bins shall not be placed in a required buffer area, site triangle,
or fire zone.
k.
Bins shall not be placed on vacant or unimproved lots or lots containing
unoccupied buildings or abandoned buildings.
[2-8-2021 by Ord. No.
2021-2]
Bins sponsored by any department, agency, or committee of the
Borough shall be required to comply with the permit requirements hereof,
but will be exempt from the payment of any application fees. Bins
sponsored by and benefitting a nonprofit organization that are to
be located on property owned by said nonprofit organization shall
be required to comply with this permit requirements hereof, but will
be exempt from the payment of any application fees. Bins placed pursuant
to this subsection shall be limited to one per property.
[2-8-2021 by Ord. No.
2021-2]
a.
The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public about the maintenance or placement
of clothing donation bins. Whenever it appears to the Zoning Officer
that a person has engaged in, or is engaging in, any act or practice
in violation of this section, the person who placed the bin, and the
property owner, shall be issued a warning stating that if the violation
is not rectified or a hearing with the Borough of Flemington Mayor
and Council is not requested within 45 days, the bin will be seized
or removed at the expense of the person who placed the bin and the
property owner.
b.
In the event that the person who placed the bin and the property
owner do not remedy the violation or request a hearing within 45 days
of posting of the warning, the Borough may seize the bin, remove it,
or have it removed at the expense of the person who placed the bin.
Upon proper certification to the Mayor and Borough Council by the
Zoning Officer, such expenses may be assessed as a lien on the subject
property and shall be added to and become part of the taxes levied
on the subject property. Any clothing or other donations collected
via the bin will be sold at public auction or otherwise disposed of.
Any proceeds from the sale of the donations collected via the bin
shall be paid to the Chief Financial Officer of the Borough. In addition
to any other means used to notify the person who placed the bin, such
warning shall be affixed to the exterior of the bin itself.
[2-8-2021 by Ord. No.
2021-2]
a.
In addition to any other penalties authorized by this section or
laws of this state, any person who violates any provision of this
section or N.J.S.A. 40:48-2.60 et seq. shall be subject to the following
penalties:
b.
Any person or organization may be deemed ineligible to place, use,
or employ a donation clothing bin for solicitation purposes pursuant
to this section and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person
disqualified from placing, using, or employing a donation clothing
bin by violating the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.) may apply to Borough Council to have that person's eligibility
restored. Borough Council may restore the eligibility of a person
who:
[Added 9-27-2022 by Ord.
No. 2022-13]
It is unlawful for any owner of a business, owner of a rental
unit or units, or the owner of a multifamily home of four or fewer
units, one of which is owner-occupied, to operate within the Borough
without first registering its certificate of insurance demonstrating
compliance with Section 1 of P.L. 2022, c. 92,[1] and paying the registration fee required herein.
[1]
Editor's Note: See N.J.S.A. 40A:10A-1 et seq.
[Added 9-27-2022 by Ord.
No. 2022-13]
The following entities are required to register their certificate
of insurance under this chapter:
a.
Businesses, which shall mean any person intending to sell or dispose of or to offer to sell or dispose of any goods, wares, merchandise or render any services for fees within the Borough. This shall include businesses operating on a temporary basis within the Borough such as peddlers, solicitors, and transient vendors licensed pursuant to Borough Code § 4-2 and temporary retail food establishments and mobile food units licensed pursuant to Borough Code § 4-3.
b.
Owners of single rental dwelling units.
c.
Owners of multiple-dwelling rental units.
d.
Owners of multifamily homes that include rental units, even where
one unit is owner-occupied.
[Added 9-27-2022 by Ord.
No. 2022-13]
The Clerk shall accept, approve, and file registration applications
and collect registration fees hereunder.
[Added 9-27-2022 by Ord.
No. 2022-13]
The registration fees of this chapter shall be $15 annually.
Registrations shall expire on December 31 of each year. Renewals must
be submitted by December 1 of each year. After the effective date
of this section, entities covered under this section shall be required
to register by December 1, 2022, and such registration shall be valid
for the 2023 calendar year.
[Added 9-27-2022 by Ord.
No. 2022-13]
An application for a business insurance registration shall be
accompanied by the required fee and shall be made to the Borough Clerk
upon forms provided by the Clerk. It shall contain the following information:
a.
Name and Address of the Applicant. If the applicant is a corporation,
the name and address of its registered agent.
b.
The Address of the Rental Dwelling Units or Business as Applicable.
If the registration applies to a transient business or a mobile food
unit, a general description of the time frame for operation and area
where the business will be operated.
c.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
d.
A certificate of insurance reflecting the following amounts of insurance
in compliance with P.L. 2022, c. 92.[1]
1.
Except as provided in Subsection d2 of this section, the owner of a business or the owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
2.
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
[1]
Editor's Note: See N.J.S.A. 40A:10A-1 et seq.
[Added 9-27-2022 by Ord.
No. 2022-13]
Any person who violates the terms of this chapter shall pay
the license fee plus a fine of not less than $500 but no more than
$5,000 plus court costs.
[Added 3-13-2023 by Ord.
No. 2023-02]
This section is enacted to regulate the cultivation, production,
sale, and transportation of cannabis in the Borough in accordance
with the provisions of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (N.J.S.A. 24:6I-31 et
seq.), and in accordance with the rules and regulations of the Cannabis
Regulatory Commission.
[Added 3-13-2023 by Ord.
No. 2023-02]
The definitions set forth in the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (N.J.S.A.
24:6I-31 et seq.) are incorporated herein and shall have the same
meaning.
[Added 3-13-2023 by Ord.
No. 2023-02]
No person shall operate a cannabis establishment or otherwise
cultivate, sell, or distribute cannabis within the Borough without
having obtained a license in accordance with this section.
[Added 3-13-2023 by Ord.
No. 2023-02]
The annual license fee and maximum number of licenses for cannabis
establishments in the Borough shall be as follows.
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Cultivator
|
2 total cultivators
| |
|
Class 1, cultivator
|
$10,000
| |
|
Medical cannabis cultivator
|
n/a
| |
|
Retail/treatment center
|
2 total retailers/TCs
| |
|
Class 5, retail
|
$10,000
| |
|
Medical cannabis retail/alternative treatment center
|
n/a
|
[Added 3-13-2023 by Ord.
No. 2023-02]
All licenses required by this section shall be issued by the
Township Clerk.
[Added 3-13-2023 by Ord.
No. 2023-02]
The annual application fee for a cannabis establishment shall
be $2,500. Such fee shall be nonrefundable.
[Added 3-13-2023 by Ord.
No. 2023-02]
The following items must be submitted in order to be granted
a license or for the renewal of same for the operation of any cannabis
establishment:
a.
Complete application.
b.
Annual application fee.
c.
Annual licensing fee.
d.
Proof of payment of all real estate taxes due on the premises on
which the cannabis establishment is located.
f.
Proof of license in good standing issued by Cannabis Regulatory Commission.
g.
Full copy of the application for state licensure.
h.
Emergency contact information to be utilized by police, fire, and
EMT personnel in the event of an on-site emergency.
i.
Security plan, which shall, at a minimum consist of the following:
1.
Proof of submission of such security plan to the New Jersey State
Police.
2.
Overview of and type of security systems to be installed.
3.
Twenty-four-hour monitoring by closed-circuit television surveillance
system. Security cameras shall be in use 24 hours per day, seven days
per week, and shall cover all cannabis dispensing areas (if applicable),
cannabis growing areas (if applicable), storage areas, all doors and
windows with access into the cannabis establishment, parking areas
(if applicable), and any other areas not mentioned if deemed necessary
by the Chief of Police or his/her designee. The surveillance system
must be capable of providing surveillance of both interior and exterior
areas of the cannabis establishment and must be of adequate quality,
color rendition and resolution to allow the ready identification of
an individual on or adjacent to the site.
4.
The security cameras must be Internet Protocol (IP) cameras capable
of providing real-time footage over the internet. Operators must provide
the local Police Department with access to this real-time camera footage
in case of an emergency.
5.
The recordings shall be maintained at the cannabis establishment
for a period of not less than 30 days and shall be provided to the
local Police Department within 24 hours of a written request from
the Police Department for any recordings.
6.
Information as to whether on-site security or armed guards will be
provided. To the extent not already required by the entity's state
license, all licensed facilities must provide at least one security
guard (or more if required by the state) during all times the facility
is open to the public. At a minimum, the security guard shall be a
State-Certified Security Officer whose certification is in good standing.
j.
Summary of how all products and materials will be tracked and inventoried.
k.
Lighting plan that provides adequate security lighting and motion-sensor
lights at all entrances and exits.
[Added 3-13-2023 by Ord.
No. 2023-02]
a.
Any license issued under this section may be suspended or revoked for violation of any of the provisions of this section or Chapter 26 of the Borough Code or any provision of any applicable statute or any of the rules and regulations of the Cannabis Regulatory Commission.
b.
Notice of a hearing for the suspension or revocation of a license
shall be given, in writing, by the Borough Clerk to the license holder.
The notice shall specifically set forth the grounds upon which the
proposed revocation is based and the time and place of the hearing.
Such notice shall be served by mailing a copy to the licensee at his
or her last-known address by certified mail, return receipt requested,
at least five days prior to the date set for the hearing.
c.
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
or her own behalf, to cross-examine opposing witnesses and to have
a permanent record made of the proceedings at his or her own expense.
d.
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.
e.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this section.
[Added 3-13-2023 by Ord.
No. 2023-02]
Any person violating any provision of this section shall, upon
conviction, be subject to fines of $2,500 for a first offense, $5,000
for a second offense, and $10,000 for a third offense.
[Added 4-22-2024 by Ord. No. 2024-07]
[Added 4-22-2024 by Ord.
No. 2024-07]
A license shall be required for a cottage food operator.
[Added 4-22-2024 by Ord.
No. 2024-07]
Applications shall be in writing to the Borough Clerk. The application
shall state the type and location of the business proposed to be licensed,
operator name, business name, address, telephone, number, state permit
and required attachments pursuant to N.J.A.C. 8:24-11.1 et seq. Applications
shall be accompanied by the appropriate fee. If an application is
denied, the Clerk shall immediately return the fee to the applicant.
[Added 4-22-2024 by Ord.
No. 2024-07]
For a license for a cottage food operator, $25 per year shall
be required. Along with the fee, the cottage food operator shall annually
submit their state permit and required attachments pursuant to N.J.A.C.
8:24-11.1 et seq.
[Added 4-22-2024 by Ord.
No. 2024-07]
Each license shall be for a particular person and a specific
location. It shall not be transferable either as to person or place.
Each license shall be available for review by customers/clients and
inspectors in the licensed premises.
[Added 4-22-2024 by Ord.
No. 2024-07]
Licenses may be suspended or revoked consistent with this section in Subsection 4-1.9.
