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:
a. 
For one month or part thereof $25.
b. 
For one year or any part thereof $50.
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.
b. 
Where more than one assistant is employed in any one business, an additional license for each person in excess of two in any business must be secured. The additional licensee fees in each and every case shall be one-half of the fee as designated in § 4-2.8.
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. 
Temporary retail food establishments shall be assessed fees as follows:
1. 
Vendors operating for three consecutive days or fewer:
(a) 
For-profit vendors: $100.
(b) 
Non-profit vendors (Flemington residents or business owners): $25.
(c) 
Non-profit vendors (not Flemington residents or business owners): $75.
2. 
Vendors operating for four consecutive days up to 14 consecutive days shall pay $135.
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:
a. 
For a license to conduct a pool and billiard parlor, $5.00 per year for each pool or billiard table.
b. 
For bowling alleys, $5.00 per year, per alley.
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.
A JUKEBOX OR OTHER AUTOMATIC MACHINE PLAYING MUSIC FROM RECORDS
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:
GOODS
Shall mean and include any goods or other property capable of being the object of a sale regulated hereunder.
OCCUPANT/PERSON
Shall mean owner or lessee of the premises, including individuals, families, partnerships, voluntary association and corporations.
PRIVATE PREMISES
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.
YARD SALE
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.
a. 
All yard sales shall be conducted between the hours of 8:00 a.m. and 6:00 p.m.
b. 
In the case of any sale held upon or adjoining commercial premises, the sale may continue during the hours that the commercial premises is normally open for business.
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:
DISTRIBUTOR
Shall mean the person responsible for placing and maintaining a newsrack on or along a public sidewalk, roadway, way, place or street.
NEWSPAPER
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.
NEWSRACK
Shall mean any type of unmanned device for the vending or free distribution of newspaper or new periodicals of any kind.
PERSON
Shall mean any corporation, company, association, society, firm, partnership, or individual.
PUBLIC RIGHT-OF-WAY
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.
5. 
The name and telephone number of the bona fide office required by § 4-14.8 of this section of any entity which may share or profit from any clothing or other donations collected via the bin.
[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
e. 
The name and telephone number of the bona fide office required pursuant to § 4-14.10 of this section of any entity which shared or profited from any clothing or other donations collected via the bin and of any entities which may do so during the period covered by the renewal.
[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.
c. 
In addition to the remedies set forth in this section, the Zoning Officer is also empowered to issue a notice of violation and summonses pursuant to § 4-14.14 of this section.
[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:
1. 
For the first offense: $100 per day;
2. 
For the second offense: $250 per day;
3. 
For the third offense: $350 per day and revocation of permit.
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:
1. 
Acts within the public interest; and
2. 
Demonstrates that he or she made a good-faith effort to comply with the provisions of this section and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and all other applicable laws and regulations, or had no fraudulent intentions.
[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.
e. 
Proof of payment of all transfer and user taxes required by Chapter 35, Article I, of the Borough Code.
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.