Township of Lyndhurst, NJ General Licensing

[Editor's Note: See also Chapter 3 for barber shop hours and itinerant restaurant requirements.]

[Licensing of retail food establishments and licensing of food and beverage vending machines are contained in Chapter 22, Health.]

[See Chapter 6 for the licensing of alcoholic beverage establishments.]

[See Chapter 15 for the licensing of taxicabs.]

ATTACHMENTS

Attachment 1: Local Contractor License Application

§ 4-1 INSTALLATION OF ALARM SYSTEMS. [1]

[1]

Editor's Note: See Chapter 8, § 8-8, for additional regulations for fire alarm systems.

§ 4-1.1 Definitions.

[Ord. #1635, § 1]

As used in this section:

ALARM CONSOLE

Shall mean the console or control panel of devices giving a visual or audio response or both, and located within the confines of the township police department.

ALARM DEVICE

Shall mean any type of alarm system actuating equipment in the alarm console providing warning of intrusion, fire, smoke, flood or other peril.

ALARM INSTALLATION

Shall mean any alarm device or combination of devices installed for one or more buildings at a location other than the alarm console.

DESIGNATED REPRESENTATIVE

Shall mean and be limited to a member of the township police department.

DIAL ALARM

Shall mean that type of device using telephone lines transmitting an alarm directly through the police switchboard.

FALSE ALARM

Shall mean any alarm actuated by inadvertence, negligence or unintentional act of someone other than an intruder, and shall include as well, alarms caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms created by malfunction of the alarm console, nor by acts of God, atmospheric conditions or causes beyond the control of the permittee.

LICENSEE

Shall mean the person obtaining the license to maintain the alarm console as hereinafter set forth.

LOCAL ALARM

Shall mean any alarm or device which when actuated produces a signal not connected to the alarm console such as store burglar alarms actuating bell devices.

PERMITTEE

Shall mean any person owning an alarm device to maintain the alarm console as hereinafter set forth.

§ 4-1.2 Alarm Console License.

[Ord. #1635, § 2]

There is established a police alarm console license which shall be granted by the board of commissioners as set forth in subsection 4-1.4. Any licensee shall have exclusive use and control of the alarm console except for use by the township police department, and the licensee will be responsible at no cost to the township for the establishment, construction and installation of the console containing equipment and being of a design approved by the director of public safety or his agent and for the care, maintenance and management of the console; the licensee shall locate the console and relocate the console if necessary under the supervision of the director of public safety or his agent at no cost to the township. For any license granted hereunder the licensee will assume all liability and agree to indemnify and save harmless the township, its agents and the township police department for any acts in conjunction with the operation of the police alarm console and in conjunction therewith he shall furnish annually to the township clerk a noncancellable insurance certificate indicating complete liability coverage in an amount no less than $300,000 for each person and $500,000 for each accident, and $50,000 property damage for each accident.

Any connection to the police alarm console shall be of a type inspected and approved by an inspector designated for this purpose by the director of public safety, and any person aggrieved by a decision may appeal the decision in writing within 10 days to the director of public safety.

All alarms in operation and connected to the alarm panel board, located in police headquarters except dial alarms will be connected hereunder to the alarm console by the licensee and no connection cost for the transfer shall be permitted.

The licensee for the police alarm console shall be permitted to charge subscribers a maximum installation fee of $50 and a maximum monthly retainer or maintenance fee of $7; except, however, that no fee shall be charged to the township of the township board of education for monthly charges or console connection charges for any existing or future systems in public buildings, and any equipment or alarm devices installed by the alarm console licensee in such public buildings shall be a wholesale cost exclusive of labor charges.

The licensee shall install initially an annunciator or display console having no less than 250 zones available for present systems and future connections, which console shall be approved by the Underwriters Laboratories.

Except as provided in subsection 4-1.5, any license issued hereunder shall be for a term of five years from the date of approval by the board of commissioners, and the licensee shall post annually with the township clerk prior to the anniversary date of the granting of the license a performance bond in the amount of $5,000 noncancellable without notification to approval by the board of commissioners guaranteeing performance for each year of the obligation of the licensee and insuring maintenance of the console and alarm system during the period when the license is in force. Failure of the licensee to provide the annual bond shall mean automatic revocation of the license.

The licensee for the privilege of obtaining this license shall pay to the township a minimum annual sum of no less than 5% of the gross rental earned annually by the licensee from subscribers connected to the alarm console, which payment shall be made within 30 days of the close of each fiscal year in which the license is in force; and the licensee, by acceptance of the license, shall be deemed to have agreed to having the books and accounts of the licensee open to inspection by the township auditor or other designated representative of the board of commissioners to verify the annual account which shall be submitted by the licensee coincidental with the fee described. The aforesaid payment shall be made to the director of public safety and shall be accompanied by a sworn or certified statement. The sum and a copy of the certified statement shall be delivered by the director of public safety within 48 hours to the township treasurer.

§ 4-1.3 Determination of Licensee.

[Ord. #1635, § 3]

Prequalification. Persons desiring to bid for the license shall make application to the director of public safety. The application shall disclose whatever information may be required by the director of public safety concerning the ability of the proposed applicant to comply with the requirements of this chapter and the Local Public Contracts Law and shall indicate in any event that:

The licensee has satisfactory financial and personal references indicating his or its ability to comply with the terms of this chapter.

The licensee has an office in the township within a 20 mile radius thereof with adequate personnel available on a twenty-four hour basis to service the equipment.

Determination. Upon receipt by the township purchasing agent of a list of those persons or corporations who prequalified, the purchasing agent shall then designate the time and place for receiving sealed bids by those eligible to submit bids as set forth in paragraph a of subsection 4-1.3. The bid shall indicate the bond and other requirements of this chapter and shall offer gross rental prescribed by this chapter or a greater amount and the maximum installation and monthly charges prescribed by this chapter or a lesser amount. Upon the return of the sealed bids, the board of commissioners may award the license to the person whose bid taken as a whole is the most advantageous to both the subscribers to the system and to the township from a-cost and revenue standpoint, and in conjunction therewith the board of commissioners reserve the right to reject any and all bids.

Renewals. Renewals of the license or award of new licenses should any license be terminated in accordance with subsection 4-1.5 shall be accomplished by following the procedures of paragraphs a and b of subsection 4-1.3.

§ 4-1.4 Permits and Fees.

[Ord. #1635, § 4]

Any person who owns or operates a police alarm device or a local alarm shall make application for the continuance thereof in writing to the director of public safety. The application shall contain at least the location of the device, the name of the installer of the device, the type of device, provisions relating to false alarms and testing procedures, a list of persons to be contacted in the event of any alarm and other information as may be required by the director.

Local alarms shall be registered, but no fee shall be charged therefor.

For alarm devices the permittee shall pay whatever charges are required by any alarm company making the installation, and in addition thereto the connection and monthly maintenance charges as hereinabove provided for the licensee for the alarm control panel.

Owners of fire alarm devices shall be governed by the false alarm procedures and penalty set forth in paragraph c of subsection 4-1.6.

Any permit granted hereunder shall be accepted upon the express condition that the permittee shall indemnify and hold the township harmless from and on account of any and all damages arising out of the activities of the permittee, its alarm contractor, or the alarm console licensee.

§ 4-1.5 Limitations.

[Ord. #1635, § 5]

The township shall be under no duty or obligation to any permittee hereunder or to any alarm console licensee hereunder, the alarm console and allied equipment being maintained at will and subject to termination at any time by cancellation of the system by resolution duly adopted by the board of commissioners and any individual permit issued hereunder may be revoked at any time by the board of commissioners upon recommendation of the director of public safety provided that thirty-day notice is given in writing to the permittee.

§ 4-1.6 Regulations.

[Ord. #1635, § 6; Ord. #1970, § I; Ord. #2060, § I; Ord. #2281, § I; Ord. #2736, § 1]

Dial Alarm. Any alarm device, which when activated automatically or electronically selects a telephone line connected to a central alarm station or to police headquarters reporting a prerecorded message, requesting police assistance.

Dial alarms shall be coded to dial a separate number which can be obtained from the director of public safety or his agent. No dial alarm shall be coded to dial the number of the general police switchboard of the township.

Message shall conform to approved format on application.

Total length of message shall not exceed 15 seconds.

Message shall be received by police headquarters twice, but no more than twice.

This device shall provide an automatic line seizure feature in the event this line is busy with an incoming or outgoing call.

In the event that any person has a dial alarm device in existence on the effective date of this chapter, he shall have 30 days in which to register same. Any person not so complying shall be liable to a penalty payable to the township in the amount of $50.

Any person having a dial alarm device which dials the general police number, upon discovery thereof shall receive notice in writing from the director of public safety requiring the owner to comply with the terms of this chapter, and if the owner fails to do so within 30 days of the receipt of the notice he shall then be liable to pay the township a penalty of $50.

All components of such equipment shall be maintained by the owner in good repair and when evidence exists that there has been failure to comply with operational requirements of this chapter, the director of public safety or agent is then authorized to demand that such device be disconnected until such time as compliance with current requirements is reestablished.

All audible alarms shall be equipped with a time relay or battery to limit the sounding of an alarm to 30 minutes or less.

Representatives Required. Any licensee for the alarm console and any permittee utilizing the services of any other alarm company connected to the console shall provide for a representative to be on call at all times, and service shall be provided within eight hours of notification by the police department of any malfunction of any equipment.

False Alarms.

The director of the department of public safety shall keep a record of all false alarms.

For each false alarm over the number of four during a calendar year, a penalty of $25 shall be paid to the township.

If the penalties referred to in paragraph c2 above are not paid within 30 days of written notice being given by the department of public safety any member of the department so assigned by the director is authorized to issue a summons and complaint in the Lyndhurst Municipal Court where the penalty shall be a fine of $25 to $200.

Unauthorized Equipment. Any unauthorized equipment may be disconnected by the director of public safety or his designated representative for noncompliance with this chapter, and any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this chapter, and each and every day the equipment is in operation shall be considered a separate violation. Any permittee shall by acceptance of the permit be deemed as having consented to inspection of the premises on which the alarm devices are installed by reasonable hours by the director of public safety or his designated representative.

§ 4-1.7 Additional Rules and Regulations.

[Ord. #1635, § 7]

The director of public safety may promulgate written rules and regulations supplementing this chapter in order to provide for record keeping and efficient management of the system; provided that the board of commissioners shall first approve the rules or any changes thereto by appropriate resolution.

§ 4-2 PIN AND PINBALL AMUSEMENT GAMES.

§ 4-2.1 License Required.

[Ord. #1090; Ord. #1424, § 4; Ord. #1827, § 1]

No person, owner or tenant shall operate, maintain, or install, or shall cause to be operated, maintained or installed, in any store, building, public place, or in any public place wherein the public is invited or may enter upon for payment of a fee, or in any structure wherein a liquor license is operated, or in any private club, any electric powered mechanical or electronic game commonly referred to as pinball or electronic video amusement games, or similar device, unless the person shall have first obtained a license for that purpose from the board of commissioners.

§ 4-2.2 Number of Machines.

[Ord. #1090; Ord. #1424, § 4; Ord. #1827, § 1]

The maximum number of licensed game machines permitted to be issued by the clerk for any store or building shall be four; any more than four being deemed as changing the use of the structure to an amusement arcade and subject to the requirements of the zoning ordinance.

§ 4-2.3 License Fee.

[Ord. #1090; Ord. #1424, § 4; Ord. #1827, § 1; Ord. #1867, § I; Ord. #1897, § I; Ord. #2861-12, § 2]

The license for the placing, operating, maintenance or use of such amusement devices or machines mentioned aforesaid shall be issued in the name of the proprietor of the premises where the machines are to be installed, for the calendar year commencing January 1 and expiring December 31 at 12:00 midnight. The fee for the issuance of the license shall be $300 for the calendar year, or any part thereof, for each premises when such machines are installed.

§ 4-2.4 Space Requirements.

[Ord. #1090; Ord. #1424, § 4; Ord. #1827, § 1]

In order to reduce the danger from panic, fire or other catastrophe and to allow the free flow of people, each machine shall be set with one side abutting a wall (where the design of the machine permits) with a minimum of two feet of unobstructed space on each side of the machine not abutting a wall except that any side of a machine where the player is expected to stand shall have a minimum of five feet of unobstructed space. If there is more than one machine, then each machine shall be required to meet the unobstructed space requirement. For example, if two machines are side by side, there must be four feet of unobstructed space between them.

§ 4-2.5 Filing of Application.

[New; Ord. #1827, § 1; Ord. #1897, § II; Ord. #2861-12, § 2]

Applicants for any such license as may be granted hereunder shall file with the township clerk an application, sworn to by the applicant, setting forth the name and address of the applicant, the particular character of the game or device for which the license is sought by the applicant, the place wherein such machine or device is sought to be installed and maintained and the name of the owner, lessee, tenant or occupant of such place, and the character of activities or business carried on within such place. The applicant shall deposit with the township clerk, together with such application, the license fee of $300 for the inspection by the township police chief, township building inspector and the township fire inspector, all of which officials shall have free access to the premises where such devices are located. The application shall further include a floor plan of the premises locating the area for the licensed machines or devices, as well as all tables, counters, display shelves and any other objects impeding pedestrian traffic.

§ 4-2.6 Investigation of Applicant.

[Ord. #1827, § 1]

The application, when received by the township clerk, shall be forthwith turned over to the officials designated in subsection 4-2.5 who shall investigate the truth of the particulars set forth in the application, and who shall, after investigation, endorse upon such application his recommendation for granting or rejecting the application. Any recommendation for rejection shall include the reasons therefor. After the return of such application with recommendations endorsed thereon the township clerk shall submit such application to the board of commissioners.

§ 4-2.7 Restrictions on Issuance of License.

[Ord. #1827, § 1]

No license in any event shall be issued to any person who shall have been convicted of a crime and provided further that after a license is issued and the person to whom it is issued shall thereafter be convicted of a crime, the license shall immediately be revoked. No license shall be issued to any corporation whose officers would not each qualify for a license.

§ 4-2.8 Gambling.

[Ord. #1827, § 1; Ord. #2861-12, § 2]

No person shall use or permit to be used, any of the machines or devices licensed hereunder for the purpose of gambling.

§ 4-2.9 Violations.

[Ord. #1827, § 1; Ord. #2861-12, § 2]

Any person violating any of the provisions of this section shall be liable to pay a $300 mandatory fine.

§ 4-3 OTHER MECHANICAL AMUSEMENT DEVICES.

§ 4-3.1 License Required.

[Ord. #1090; Ord. #1424, § 4; Ord. #2861-12, § 2]

No owner, lessee, tenant or occupant of any hotel, restaurant, saloon, tavern, moving picture theatre, club, or other place of business or entertainment, used or employed for or in furtherance of social activities or business of any kind and nature whatever, shall install, maintain or operate, within any such place as mentioned hereinabove, any mechanical amusement device or appliance, electric or automatic (excepting here from mechanical vending appliances and machines and bagatelle or pinball machines or automatic musical instruments and appliances), without first obtaining a license therefor from the township board of commissioners.

§ 4-3.2 Filing of Application.

[Ord. #1090; Ord. #1424, § 4; Ord. #2861-12, § 2]

Applicants for any such license as may be granted hereunder shall file with the township clerk an application, sworn to by the applicant, setting forth the name and address of the applicant, the particular character of the appliance or instrument license for which sought by the applicant, the place wherein such appliance or instrument is sought to be installed and maintained and the name of the owner, lessee, tenant or occupant of such place, and the character of social activities or business carried on within such place. The applicant shall deposit with the township clerk, together with such application, a license fee of $50 for each such device or appliance as the applicant shall seek license for, which sum shall carry such license in effect, if granted, until midnight of December 31 following the date of such application.

§ 4-3.3 Investigation of Applicant.

[Ord. #1090; Ord. #1424, § 4]

The application, when received by the township clerk, shall be turned over to the chief of police who shall investigate the truth of the particulars set forth in the application and who shall, after investigation, endorse upon such application his recommendation for the granting or rejection of the application. If the chief of police recommends the rejection of the application, he shall set forth upon the applications the reasons upon which he bases his recommendation for the rejection thereof. After the return of such application to the township clerk with recommendation endorsed thereon by the chief of police, the township clerk shall submit such application to the board of commissioners at its regular meeting after receipt thereof by the township clerk from the chief of police.

§ 4-3.4 Restrictions on Issuance of License.

[Ord. #1090; Ord. #1424, § 4; Ord. #1897, § III]

A conviction for the violation of this chapter may be grounds for the revocation of a license by the board of commissioners after a hearing. Any applicant shall have the right to a hearing before the board of commissioners.

§ 4-3.5 Definitions.

[Ord. #1090; Ord. #1424, § 4]

As used in this section:

MECHANICAL AMUSEMENT DEVICE OR APPLIANCE

Shall mean any mechanical device or contrivance which, by means of the insertion of a coin, token, slug, disk or other article into a slot, crevice, opening or attachment or connected in any manner with any such device or contrivance, affects the operation thereof for use as a game, contest or amusement, or which may be so used, excluding therefrom any device or appliance known as "pinball machine" or "bagatelle," or the like or a musical device or vending machine.

§ 4-3.6 Transferability.

[Ord. #1090; Ord. #1424, § 4]

Licenses granted under the provisions of this section shall not be transferable.

§ 4-3.7 Inspection.

[Ord. #1090; Ord. #1424, § 4]

All new devices or appliances licensed under the authority of this section shall, in addition to inspection by the chief of police, be subject at all times to inspection by the township police officers, and the police chief and police officers shall have free access to the premises where such devices or appliances are located and to such devices and appliances.

§ 4-3.8 Violations.

[Ord. #1090; Ord. #1424, § 4]

Any person, but not including any corporation, who directly or indirectly shall violate any of the provisions of this section, shall, upon conviction thereof, be liable to the penalty in Chapter 3, § 3-1.

Any corporation which by its officers, agents or employees shall violate or permit violation of any of the provisions of this section shall upon conviction thereof be liable to the penalty as stated in Chapter 3, § 3-1 and in default of the payment of such fine at the time of conviction, the amount thereof shall be recovered from such corporation by means of an action at law as in the nature of a debt owing to the township board of commissioners, a municipal corporation of the State of New Jersey.

§ 4-4 BILLIARDS AND POOL.

§ 4-4.1 License Required.

[Ord. #1424, § 4]

No person shall operate, maintain or conduct a billiard or pool parlor or a place where billiards and pool are played for hire open to the public without having first obtained a license as required.

§ 4-4.2 Application for License; Nontransferable.

[Ord. #1424, § 4]

Application for license shall be filed in writing with the township clerk, on a form to be provided by the township, together with a detailed drawing or sketch of the room showing the dimensions and location of the billiard or pool table in the room sought to be licensed and a proper license fee accompanying such application, and shall specify:

The name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers thereof and their address.

The address of the premises for which the license is sought.

The number of billiard or pool tables to be operated on the premises.

The name and address of the operator of the parlor if other than the proprietor.

§ 4-4.3 Compliance by Licensee.

[Ord. #1424, § 4]

All licenses issued under this section shall meet the requirements of any and all municipal ordinances, including the regulations for off-street parking.

§ 4-4.4 Limitation of Licenses.

[Ord. #1424, § 4]

No more than one license shall be issued to any person, firm or corporation. No person to whom a license is granted shall be, directly or indirectly, associated with any other licensee as a partner, stockholder, officer, employee, manager or agent.

§ 4-4.5 Revocation of License.

[Ord. #1424, § 4]

The board of commissioners shall have the right to revoke any license issued hereunder for the violation of any of the provisions of this section.

§ 4-4.6 Fees.

[Ord. #1424, § 4; Ord. #2861-12, § 2]

The annual fee for such license shall be $350 for the first billiard or pool table and an additional fee of $100 for each additional table.

§ 4-4.7 Investigation of Applicant.

[Ord. #1424, § 4]

Application for license hereunder shall be first referred by the township clerk to the director of public safety for such investigation as he may deem necessary. Upon approval by the board of commissioners and the director of public safety, the license shall be issued by the township clerk and the clerk shall remit the fees to the tax collector. All licenses under this section will expire on January 1 following their issuance and shall be renewed upon like application as the original license provided that when the license is granted for a shorter period than one year, the license fee shall be prorated. The license shall be posted in a conspicuous place in the establishment of the licensee. Such license shall be nontransferable and nonassignable, and shall apply only to the premises for which such license is issued.

§ 4-4.8 Character of Applicant; Restrictions on Issuance of License.

[Ord. #1424, § 4]

No such license shall be issued to or held by any person who is not a person of good character or who has been convicted of any crime; nor shall such license be issued to or held by any corporation if any officer thereof would be ineligible for a license under the foregoing conditions.

§ 4-4.9 Evidence of Ownership to Be Filed with Clerk.

[Ord. #1424, § 4]

Any proprietor or operator purchasing a billiard or pool table shall file with the township clerk evidence of ownership before placing the billiard or pool table for use.

§ 4-4.10 Increasing Number of Tables.

[Ord. #1424, § 4]

In case a proprietor or operator licensed under the provisions of this section desires, after the expiration of any license year, to increase the number of tables to be used, he shall surrender his license to the township clerk who shall issue a new license upon the approval of the board of commissioners, showing the number of tables licensed thereunder, upon payment of the proper license fee therefor.

§ 4-4.11 Location of Premises; Distances Required.

[Ord. #1424, § 4]

No billiard and pool parlor and no place where billiards and pool are played for hire shall be within 500 feet of any school or public place of worship, nor within a radius of 1,000 feet of another billiard and pool parlor and a place where billiards and pool are played for hire.

§ 4-4.12 Inspection of Premises.

[Ord. #1424, § 4]

It shall be the duty of the chief of police to see that the licensed premises are inspected periodically by a member of the police department to insure conformity with the provisions of this section.

§ 4-4.13 Noise on Premises.

[Ord. #1424, § 4]

It shall be unlawful to permit or cause any noise so loud or of such a nature as to disturb the peace in and upon the licensed premises.

§ 4-4.14 Gaming on Premises.

[Ord. #1424, § 4]

No proprietor, nor owner or operator shall permit or allow any person to play billiards or pool for money or other valuable thing.

§ 4-4.15 Closing Hours of Premises.

[Ord. #1424, § 4]

No billiard or pool parlor, or place where billiards or pool are played for hire, shall be operated between the hours of 12:00 midnight and 10:00 a.m., Monday through Saturday, and shall not operate on Sunday.

§ 4-4.16 Liability Insurance.

[Ord. #1424, § 4]

No such billiard or pool parlor or place where billiards or pool are played for hire shall be operated, unless there is in force a public liability insurance policy to cover any injury suffered as a result of the use of the equipment or the operation of the billiard or pool parlor, or place where billiards or pool are played for hire, in the amount of $50,000 for any one occurrence and $25,000 for injury to any one person. A certificate of such policy shall be filed with the township clerk with the application for a license.

§ 4-4.17 Minors Not to Be Permitted to Play.

[Ord. #1424, § 4]

No proprietor or operator shall permit or allow any person under the age of 18 years to play billiards or pool.

§ 4-4.18 Employment of Minors.

[Ord. #1424, § 4]

No minor under 18 years of age shall be employed, permitted or suffered to work in, about or in connection in any licensed premises.

§ 4-4.19 Minors Not to Be Permitted to Loiter.

[Ord. #1424, § 4]

Minors under the age of 18 years shall not, under any circumstances, frequent, loiter, go or remain in any billiard or pool parlor or any place where billiards or pool are played, licensed hereunder, at any time, unless he is upon some lawful errand and sent under the direction and the consent and knowledge of the parent, guardian or other person having the lawful custody of such minor. It shall be unlawful for the proprietor or operator of any billiard or pool parlor or any place where billiards or pool are played, so licensed, to allow or permit any minor to frequent, loiter or remain within the billiard or pool parlor or any place where billiards or pool are played in violation of this section.

§ 4-5 GARAGE SALES.

§ 4-5.1 Definitions.

[Ord. #1605, § 1]

As used in this section:

GARAGE SALES

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 the sale.

GOODS

Shall mean and include any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

§ 4-5.2 License Required.

[Ord. #1605, § 2; Ord. #2248, § II]

It shall be unlawful for any person to conduct a garage sale in the township without first filing with the township clerk the information hereinafter specified and obtaining from the clerk a license to do so, to be known as a garage sale license. The fee for the first license in any twelve-month period shall be $5. The fee for the second license in any twelve-month period shall be $25.

Only two such licenses shall be issued to any one person within a twelve-month period and no such license shall be issued for more than two consecutive calendar days.

Each license issued under this section shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.

§ 4-5.3 Information Required.

[Ord. #1605, § 4]

The information to be filed with the township clerk, pursuant to this section shall be as follows:

Name of person, firm, group, corporation, association or organization conducting the sale.

Name of owner of the property on which the sale is to be conducted, and consent of owner if applicant is other than owner.

Location at which sale is to be conducted.

Number of days of sale.

Date, nature of any past sale.

Relationship or connection applicant may have had with any other person, firm, group, organization, association, or corporation conducting the sale and the date or dates of such sale.

§ 4-5.4 Hours Permitted.

[Ord. #1605, § 3]

All garage sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. only.

§ 4-5.5 Persons and Sales Excepted.

[Ord. #1605, § 5]

The provisions of this section shall not apply to or affect the following persons or sales:

Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed 10 in number.

Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization who receives an exemption in writing from any or all of the terms of this section from the board of commissioners.

§ 4-5.6 Conduct at Sale.

[Ord. #1424, § 6]

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 the hours of such sale or activity. No such person shall permit any loud or boisterous conduct on the 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 departments of the township in order to maintain the public health, safety and welfare.

§ 4-6 MOTELS AND TOURIST LODGES.

§ 4-6.1 Definitions.

[Ord. #1424, § 6]

As used in this section:

BUSINESS OF CONDUCTING TOURIST LODGE OR MOTELS

Shall mean the renting, leasing, maintaining, keeping, operating, conducting or providing of overnight or temporary sleeping or housing accommodations, for a consideration, to tourists, transients or travelers in any building or structure or group of buildings or structures, devoted exclusively or primarily to the business, commonly known as tourist lodges, motels, tourist cabins, motor lodges, motor courts, tourist courts or tourist camps whether meals are served therein or not.

HOUSING OR LODGING UNIT

Shall mean any room, cabin or quarters, whether or not physically attached or connected with any other building or structure, used for sleeping or housing accommodations in the business of conducting tourist lodges.

§ 4-6.2 Motel Regulations.

[Ord. #1424, § 6]

Each licensee shall at all times cause to be maintained on the licensed premises a register, consisting of consecutively numbered cards which shall constitute the register of the licensed premises. This register shall be preserved for three years upon the licensed premises.

No person shall occupy, and no licensee shall permit any person to occupy any housing or lodging units on the licensed premises, unless each person or the head of the party who is to occupy such housing unit shall first:

Display to the licensee or a duly authorized agent or the employee of the licensee in charge of the register, written evidence of his identity and residence and in addition thereto, the official state registration certificate of the motor vehicle then being used by the registrant or his party, if any, or in the event the registrant arrives in a taxi or other public conveyance, give the name under which such carrier operates, or, in the event the registrant is conveyed to the licensed premises in a private motor vehicle other than one being used by the registrant or his party, give the name and address of the owner of the vehicle; and

Write in the register immediately following the proceeding registration in ink, and in his own handwriting, his full and true name and address and, in the case of the operator of the motor vehicle or a member of his party, the make, year and state license or registration number of the motor vehicle conveying him to the licensed premises, or in the case the registrant arrives in a taxi or other public conveyance, the name under which the carrier operates, or in the case the registrant is conveyed to the licensed premises in a private motor vehicle other than one being used by the registrant or his party, the name and address of the owner of the vehicle.

If the registrant does not write in the register the information herein required as to the motor vehicle, public conveyance or private motor vehicle, it shall be the duty of the licensee or his duly authorized agent or employee to write in this information.

In addition to the foregoing information the licensee shall cause to be written into the register in ink, the number or name of the housing or lodging unit assigned to each registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to paragraph b1 above, the signature of the person taking the information or accepting the registration and the date which the occupant or occupants of each housing or lodging unit quits and surrenders the same.

The register shall be kept and preserved by the licensee and shall be available on request at any hour of the day or night to any police officer of the township or any other duly authorized agent of the board of commissioners.

§ 4-6.3 Inspection by Police Department.

[Ord. #1424, § 6]

It shall be the duty of the township police department to inspect the licensed premises at any hour of the day or night to determine if the provisions of this section are being complied with.

§ 4-6.4 Employment.

[Ord. #1424, § 6]

No licensee shall employ, in, on or about the licensed premises any person convicted of a crime involving moral turpitude within a period of five years from the date of conviction.

§ 4-6.5 Application for License.

[Ord. #1424, § 6]

No person shall engage in the business of conducting tourist lodges or motels without first having applied for and obtained from the township a license to do so. No such license shall be issued to any person who has been convicted of a crime involving moral turpitude nor shall any such license be issued to any corporation in which any stockholder, holding five or more percent of any of the stock thereof, or in which any director or officer shall have been convicted of a crime involving moral turpitude.

§ 4-6.6 Details of Application.

[Ord. #1424, § 6; Ord. #2861-12, § 2]

Each applicant for such license shall make written application on forms prescribed and supplied by the board of commissioners setting forth:

The full name, residence and post office address of the applicant.

The exact location of the proposed licensed premises, giving the street address, block and lot number as shown on the current tax map of the township and the exact dimensions of the lands upon which the business is to be conducted.

A description of the buildings, structures and accommodations upon the lands, including a statement of the number of housing or lodging units, the maximum number of persons who can be accommodated at any given time; a description of the character of the buildings or structures as to size, type of construction and whether or not the same are fireproof; and description of automobile parking space and facilities.

The name of the person on the licensed premises upon whom process may be served.

The name and address of the owner of the lands and buildings.

A detailed description of the register or system used for the registration of persons to whom accommodations are extended.

Whether any persons constituting the individual or partnership applicant or whether the corporate applicant or any stockholder holding five or more percent of the stock thereof, or any director or officer thereof, has ever been convicted of any crime, and, if so, the details thereof, including, with respect to each conviction, the name of the person convicted, the date thereof, the nature of the crime, the court in which the conviction was entered and the punishment imposed.

In the case of corporate applicants the names and residences of all stockholders holding five or more percent of any stock in the corporation, the names and residences of all officers of the corporation, and the office held by each.

§ 4-6.7 Compliance Required.

[Ord. #1424, § 6]

The township clerk shall forward the application to the health officer of the board of health and to the township fire chief who shall inspect the premises to determine whether or not the premises comply with board of health and fire ordinances and regulations. If the premises do not so comply, the officers shall attach to the application a written list of recommendations and return the same to the township clerk who shall in turn return the application to the applicant. If the premises do so comply, the officers shall attach thereto certificates of approval. The township clerk shall present the application, with the certificates of approval attached to the board of commissioners. The board of commissioners shall thereupon cause to be made such further investigation of the premises and of the information set forth in the application as it may deem necessary and shall determine on the basis of the investigation and application whether or not such license shall be granted.

§ 4-6.8 Terms of License, Transfers, Changes.

[Ord. #1424, § 6]

Any license issued under the provisions of this section shall be for a term of one year, commencing January 1 and expiring December 31. No license fee shall be apportioned, regardless of the date on which the license shall be issued and to such applicant to whom the license may be transferred as hereinafter provided. All licenses shall be displayed at a prominent place on the licensed premises.

On application made therefor setting forth the same matters and things as required by this section to be set forth in connection with an original application for a license, the board of commissioners, with the consent of the licensee and upon payment of a fee of 10% of the annual license fee for the license sought to be transferred, may transfer to such applicant any license issued under the terms and provisions of this section. The 10% fee shall be retained by the board of commissioners whether the transfer be granted or not.

§ 4-6.9 Revocation.

[Ord. #1424, § 6]

Any license issued under this section may be suspended or revoked for any violation of this section or for any conviction of the licensee or of any stockholder holding five or more percent of the stock of any corporate licensee, or director or officer thereof, of a crime involving moral turpitude, after due notice of the charges and a hearing by the board of commissioners, at which the licensee shall be afforded full opportunity to be heard.

§ 4-6.10 Fees.

[Ord. #1424, § 6]

The annual fee for the license shall be $500 plus the sum of $10 for each housing or lodging unit. The license fee is hereby declared for the purpose of revenue.

§ 4-6.11 Violations.

[New]

Any person convicted of giving false information or violating any of the terms and provisions of this section shall be subject to the penalty as established in Chapter 3, § 3-1.

§ 4-7 NEW OR USED CAR LOTS.

§ 4-7.1 License Required.

[Ord. #1424, § 6]

It shall be unlawful for any person to use any vacant lot, vacant property or any portion of a lot outside of a building for the storage or sale of used or new motor vehicles without first obtaining a license therefor from the board of commissioners as herein provided.

Wherever one or more vehicles are stored on any such lot or land for sale, whether adjacent to a duly established garage, service station, or any other motor vehicle business or not, the license as herein provided shall be required, and a separate lot or parcel of ground upon which the business is conducted, provided that where several lots are contiguous to each other and the business is conducted on all of the lots, only one license shall be necessary.

§ 4-7.2 License Not Assignable or Transferable Without Commissioners' Consent.

[Ord. #1424, § 6]

The license shall authorize the licensee to conduct the business on the lot specified in the license; shall not be transferable to another plot or lot, nor shall the license be assignable or transferable in any manner, without the consent of the board of commissioners.

§ 4-7.3 License Application; Contents.

[Ord. #1424, § 6]

Every applicant for a license to engage in the business shall file with the township clerk a written application signed by the applicant or applicants, which application shall state:

The name and address of the applicant, and, if a firm or corporation, the name and address of the officers, and the registered agent or partners.

The length of time that the applicant, or if the applicant is a firm or corporation, the length of time that the manager or the person in charge has been a resident of the township if such is the case; his place of previous employment, and if the applicant has been convicted of a crime, and if so, when, what offense, and in what court.

The detailed nature of their business to be conducted.

§ 4-7.4 Prerequisites to Issuance of License.

[Ord. #1424, § 6]

Prior to such issuance the licensee shall have such portion of the lot used for the sale of used or new motor vehicles, paved with a hard surfaced top.

No license shall in any event be issued unless the applicant has obtained from the board of adjustment a certificate of approval of the location to be used therefor.

If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall be endorsed on the application.

§ 4-7.5 Separate License Required for Any Other Business.

[Ord. #1424, § 6]

If any other business than that herein especially licensed is to be conducted on the premises and a license is required for the business by an ordinance of the township a separate license must be secured therefor.

§ 4-7.6 Restriction of Licenses.

[Ord. #1424, § 6]

The board of commissioners may restrict the number of such licensed premises within the township and may impose such reasonable regulations and rules with regard to the business to be conducted not contrary to law, as the board of commissioners may deem necessary and proper for the good, government, order, protection of persons and property, and for the preservation of public health, safety, and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed upon the township by law. These restrictions and regulations shall be made by resolution. Rules, regulations and restrictions as set forth in this subsection may be promulgated and adopted by the board of commissioners by resolution setting forth in particular such rules, regulations and restrictions.

§ 4-7.7 Display of License.

[Ord. #1424, § 6]

Each holder of a license herein authorized shall at all times keep the license posted while in force in a conspicuous place on the premises described in the application for such license.

§ 4-7.8 Licensee Subject to Rules and Regulations.

[Ord. #1424, § 6]

No licensee hereunder shall purchase from or sell to any person under the age of 18 years, any motor vehicle, without the written consent of the parents or surviving parent or guardian of such minor.

§ 4-7.9 License Fee.

[Ord. #1424, § 6; Ord. #2248, § II]

The annual license fee to be paid for the license shall be the sum of $150 and all licenses hereunder shall terminate on March 31 after the date of issuance, and any license issued after November of the year shall be 60% of the fee for the entire year. The license fee shall be for revenue and for the purpose of regulating the business referred to herein.

§ 4-7.10 Dealer's License Fee.

[Ord. #1424, § 6]

Dealers, however, defined in Section 39, Chapter 10 of N.J.S.A. as agents, distributors or authorized dealers of the manufacturer of new motor vehicles who have an established place of business in the township and who store, display and sell used motor vehicles in connection with that establishment on open lots in the township adjacent and contiguous to such duly established place of business, will be required to pay an annual fee of $100 for such license for open air premises so used, anything to the contrary contained in this section notwithstanding, if the dealers are regularly licensed as such by the commissioner of motor vehicles of the State of New Jersey. However, licensed used motor vehicle dealers until they also are licensed as dealers shall be required to pay the license fee as set forth in subsection 4-7.9. The license fee shall be for revenue and for the purpose of regulating the business referred to herein.

§ 4-7.11 Suspension and Revocation of License.

[Ord. #1424, § 6]

Each application shall contain an agreement that the applicant accepts the license to be granted upon the condition that it may be suspended or revoked for a cause at any time by the board of commissioners. The licensee shall, upon notice of revocation, be entitled to a hearing before the board of commissioners upon making application for the hearing within 24 hours after notice of revocation of the license.

§ 4-7.12 Hours of Business.

[Ord. #1424, § 6]

All licensed premises shall close for business not later than 10:00 p.m. and there shall be no lighting after 10:00 p.m. except for a night light.

§ 4-7.13 House trailers Prohibited.

[Ord. #1424, § 6]

No premises licensed under this section shall store, park or sell new or used house trailers.

§ 4-7.14 Inspection.

[Ord. #1424, § 6]

All licensed premises shall be subject to inspection at all times by members of the police department and other representatives of the township.

§ 4-7.15 Altered Vehicle Identification Marks; Prohibited Practices.

[Ord. #1424, § 6]

No licensee or his agent shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, altered, covered or destroyed for the purpose of concealing the identity of such vehicle.

§ 4-7.16 Notification to Police Department.

[Ord. #1424, § 6]

The licensee and any person employed by him to which is offered for sale any motor vehicle part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacturer's serial number or any other identification, shall immediately notify the police department.

§ 4-7.17 Prohibition as to Parking.

[Ord. #1424, § 6]

No motor vehicle shall be placed by the licensee on the sidewalk, or any part thereof, nor shall the licensee use the street or any part thereof for the storage, display or sale of motor vehicles.

§ 4-8 MOTOR VEHICLE JUNK YARDS.

§ 4-8.1 Definitions.

[Ord. #1465]

As used in this section:

MOTOR VEHICLE JUNK BUSINESS or MOTOR VEHICLE JUNK YARD

Shall mean and include any business or any place of storage or deposit, whether in connection with another business or not, which displays or in or upon which there is displayed to the public view, two or more motor vehicles which in the opinion of the board of commissioners are unfit for reconditioning for use for highway transportation or used parts of motor vehicles or old iron, metal, glass, paper, cordage, or other waste or discarded material which has been a part of any motor vehicle, the sum of which parts of materials shall in the opinion of the board of commissioners be equal in bulk to two or more motor vehicles.

SOLID WALL or SOLID FENCE

Shall mean a wall of opaque construction, preventing the emission or passing through of light, not transparent or translucent, emplaced in a substantial manner to withstand prevailing weather conditions, which wall or fence shall be approved by the township building subcode official.

§ 4-8.2 License.

[Ord. #1465]

No person shall establish a motor vehicle junk yard or business unless he shall first obtain a license for such yard or business from the board for commissioners.

§ 4-8.3 Application; Fee; Hearing; Regulations.

[Ord. #1465]

Application and Fee.

Every person applying for a license to engage in the business shall file with the township clerk a written application, signed by the applicant or applicants, which application shall be on application forms approved by the board of commissioners.

If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall be endorsed on the application.

Each applicant upon the presentation of the application shall pay a fee of $10 together with the costs of publication and expense of the hearing.

Notice of such hearing shall be given such applicant and shall be published once in a newspaper having a circulation within the township not less than seven days before the date of such hearing.

Hearing.

The board of commissioners shall assign a hearing upon such application to be held on less than two, or not more than four weeks from the date of such application.

At such hearing the board of commissioners shall determine whether or not the granting of the application would violate any provisions of the zoning law now in effect in the township and should the board of commissioners determine that no violation exists or should the board of commissioners determine that no unreasonable depreciation of surrounding property would ensue from the establishment and maintenance of such junk yard or business and that in its judgment the best interests of the town require the operation of the junk yard or business at the location designated, taking into consideration the proximity of schools, churches or other places of public gathering, the sufficiency in number of other similar places in the vicinity and the suitability of the applicant to receive such license, then and in that event, the board of commissioners shall grant the license.

Regulations. All licensed junk yards shall comply with the following regulations:

No car or part of a car shall be kept, stored or stacked in such a manner that rainwater would collect and remain in any part of the parts thereof for a period longer than 48 hours.

It shall be unlawful to stack, pile or place motor vehicles, parts of motor vehicles or other junk or materials upon such premises in such a manner as to create a place for the harboring or breeding of mice, rats or other vermin, or to stack, pile or place junk above the height of the boundary fence surrounding the premises.

All yards or places where such business is or shall be conducted shall be enclosed by a fence at least seven feet high and of a type and construction as shall be approved by the building subcode official.

It shall be unlawful to burn any automobile or automobile parts or other junk or materials on the premises without application first being made to the township fire chief who shall, in writing, approve or disapprove the application, and if approved, shall designate the time for such burning, which shall be under his supervision, provided such burning is not otherwise prohibited by any statutes of the State of New Jersey.

It shall be unlawful to hammer or pound any metal or other materials on the premises between the hours of 7:00 p.m. and 7:00 a.m. from Monday to Saturday inclusive, or at any time on Sundays.

Any inoperable vehicle stored in a licensed junk yard shall have all gasoline removed from the vehicle within one hour after the vehicle is so stored.

No license issued pursuant to the terms of this section shall be assigned or transferred without the prior approval of the board of commissioners. Any application for transfer of a junk yard license secured pursuant to this section to a new applicant shall be considered for all purposes in the same manner as a new application for this license.

§ 4-8.4 License Fee; Term; Renewal Fee.

[Ord. #1424, § 6; Ord. #1783, § 1]

Each applicant for a license shall pay to the township clerk for each such motor vehicle junk yard or business a license fee of $200. No such license shall be effective for more than one year from date of issue. For each renewal of such license the fee shall be $200.

§ 4-9 SELF-SERVICE LAUNDRIES.

§ 4-9.1 License Required.

[Ord. #1424, § 6]

It shall be unlawful to establish or operate any self-service laundry in the township without first having secured a license as herein provided. Applications for such licenses shall comply with the general provisions relating to applications for license and permits.

§ 4-9.2 Definition.

[Ord. #1424, § 6]

As used in this section:

SELF-SERVICE LAUNDRIES

Shall mean any establishment in which coin-operated facilities are available for washing clothes or for drying clothes, or both, and which is open and available to the general public for use.

§ 4-9.3 Hours.

[Ord. #1424, § 6]

It shall be unlawful to keep any such establishment open for business between the hours of 10:00 p.m. and 7:00 a.m.

§ 4-9.4 Installation.

[Ord. #1424, § 6]

Installation of all equipment in such establishments shall be in conformity with the chapter relating to and adopting the fire prevention code.

§ 4-9.5 Enforcement.

[Ord. #1424, § 6]

It shall be the duty of the director of public safety to see to the enforcement of this section as to cause such inspection to be made of the premises as may be necessary for the purpose.

§ 4-10 REGISTRATION OF MERCHANTS AND BUSINESSES.

§ 4-10.1 Certificate of Registration; Exceptions.

[Ord. #1424, § 6; Ord. #2861-12, § 2]

No person shall hereafter conduct or operate any store, gasoline service station or establishment in the township for the sale or exchange of merchandise, food, goods, wares, chattels, laundromats of every kind of description, or for services or repairs to goods, wares and chattels of every kind and description, including tattoo establishments (where a minimum of one paid for tattoo is performed (painted) within any twelve-month period) without first having obtained a certificate of registration; provided, however, that the provisions of this section shall not apply to any person, holding a license or certificate issued by any department, board, commission or other agency of the State of New Jersey; and, provided further, that no person shall be required to obtain a certificate of registration in order to sell at wholesale or retail any products of his farm.

§ 4-10.2 Applications.

[Ord. #1424, § 6; Ord. #2861-12, § 2]

All applications for a certificate of registration shall be in writing on forms furnished by the township, signed by the applicant and presented to the township clerk. The application shall state the correct name under which the business is being operated, the name and address of the applicant, the kind of business to be conducted and the location of the place where the business is to be conducted.

§ 4-10.3 Issuance of Certificate.

[Ord. #1424, § 6; Ord. #2861-12, § 2]

Upon receipt of the application and payment to him of the fee herein provided, the township clerk shall issue a certificate of registration for the business set forth in the application and, in addition, he shall report the issuance of the same to the board of commissioners, the chief of police, the building subcode official, the chief of the fire prevention bureau and the board of health.

§ 4-10.4 Duration.

[Ord. #1424, § 6; Ord. #2861-12, § 2]

All certificates of registration issued pursuant to this section shall expire on April 1 of each year.

§ 4-10.5 Fee.

[Ord. #1424, § 6; Ord. #2861-12, § 2]

The fee for a certificate of registration issued pursuant to this section shall be $5. In addition, all businesses shall pay the fee(s) required in subsection 4-11.8 of the Revised General Ordinances of the Township of Lyndhurst.

§ 4-10.6 Exhibited.

[Ord. #1424, § 6]

All certificates of registration issued hereunder shall be exhibited in a prominent place in the place of business described in the application.

§ 4-10.7 Nontransferable.

[Ord. #1424, § 6]

Every certificate of registration issued hereunder shall apply only to the person to whom issued and shall not be transferable.

§ 4-10.8 One Place of Business.

[Ord. #1424, § 6]

No certificate of registration shall be issued to cover more than one place of business.

§ 4-10.9 Separate Certificates.

[Ord. #1424, § 6]

Every business enterprise or concession occupying the same place of business and conducting business under a common trade or business name with other business enterprises or concessions shall be required to obtain separate certificates of registration therefor.

§ 4-10.10 Change of Information.

[Ord. #1424, § 6]

The holder of a certificate of registration issued hereunder shall immediately notify the township clerk in writing of any change in the information set forth in the application upon which the same was issued.

§ 4-11 BUSINESS LICENSES — TRANSIENT MERCHANTS AND MERCANTILE LICENSES.

§ 4-11.1 Purpose.

[Ord. #891, A1; Ord. #2861-12, § 2]

The purpose of this section is to prevent unfair competition and dishonest and unhealthy business practices by the regulation of the conduct of the persons receiving a license hereunder, and by the imposition of license fees for revenue upon all persons hereinafter designated and required to pay such fees. All establishments, including mobile or temporary business shall comply with public safety regulations and applicable sections and provisions of the ordinances of the Township of Lyndhurst and general law. Licenses shall be issued without payment to certain tax exempt entities (vendors), who shall be persons who sell goods and services; the proceeds of which are devoted exclusively to the purpose of a philanthropic, charitable or religious association or entity on whose behalf he acts as an agent without pay.

§ 4-11.2 Violations.

[New]

Any person violating any of the provisions of this section shall be liable to the penalty stated in Chapter 3, § 3-1.

§ 4-11.3 Exemptions from License.

[Ord. #891, A3; Ord. #2861-12, § 2]

The requirements of this section shall be held not to include the following persons who are expressly exempt, from its application, so far as any fee is required, but shall in all other respects abide by the provisions of this section as a matter of regulation:

Any person honorably discharged from the military, naval, or marine forces of the United States;

Any blind person who is a resident of this township;

Any person who is an exempt member of a fire department as defined by New Jersey Public Laws 1911, Chapter 133.

§ 4-11.4 Application for License.

[Ord. #891, A4; Ord. #2861-12, § 2]

Any person desiring a license shall file with the township clerk an application form, separate blanks being provided for each of the classes of licenses. The application form shall contain the following information:

For All License Classes:

Name of applicant.

Permanent home residence.

Name and address of firm represented, the names and addresses of the person from whom goods making up the stock were or are to be purchased.

Three business references.

The place or places of residence of the applicant for the preceding three years.

The length of time for which the license is desired.

A description of the wares to be offered for sale.

The number either of arrests or convictions for misdemeanors or crimes and the nature of the offenses for which arrested or convicted.

To the application shall be appended a letter from the firm for which he purports to work, authorizing the applicant to act as its representative.

For Transient Merchant Licenses. In addition to the foregoing items, the application shall show:

A sworn statement of the true invoice of the amount, average quality or kind, and value of the goods to be offered for sale.

A statement of the location of such goods by street or number, and whether on the premises from which it is sold or in warehouse.

To the application must be appended, in the discretion of the township clerk, the bills or invoices of purchase for such goods.

For Transient Merchant-Peddler Licenses. In addition to the foregoing information, the application shall show:

The names and addresses of each peddler acting for the merchant.

Three personal references for each peddler.

For each peddler the number either of arrests or convictions for misdemeanors or crimes and the nature of the offenses for which arrested or convicted.

§ 4-11.5 Granting of License.

[Ord. #891, A5]

Following the filing of the application, the chief of police shall verify the information respecting the moral character of the applicant and shall signify his approval or rejection on the reverse side of the form; and the township clerk shall verify the financial information, approving or rejecting the application on its reverse side. For the issuance of licenses to transient merchants and transient merchant-peddlers, the value of goods to be offered for sale may be verified by the officers through an appraisal made by a competent person designated by the officer. Upon verification of the application and payment of the prescribed fee, the license therewith shall be issued by the township clerk, for all license classes, the license issued shall not authorize any persons except the designated person named in the license, to engage in business thereunder. The license shall not be transferable from the person to whom issued to any other person. A separate license must be obtained by a licensed peddler for every agent or employee working for him. A separate license must be obtained by a licensed transient merchant for each branch or separate place of business in which his business is conducted; and each license shall authorize the person to conduct business only at the location which is indicated therein. All licenses provided for in this section shall expire on December 31 of each year.

§ 4-11.6 Recording and Reporting Licenses.

[Ord. #891, A6]

All licenses shall be issued on forms drawn in accordance with this section. They shall be printed in book form, with corresponding stubs, and shall be consecutively numbered. The license shall contain suitable blank spaces for writing in the name, the class of license granted, the location of the business and the amount of fee paid.

There shall be kept in the office of the township clerk the necessary books for recording the time the application for license is received, showing its class, whether new or renewal, name of licensee, regular number of blank form, when the application was approved by the chief of police and the township clerk, the amount of fee received therefor, and the date when the license was issued.

The township clerk shall monthly file a report with the board of commissioners showing the number of licenses granted by classes and the amounts of fees received therefor. Each report shall state the number and class of licenses revoked and the reasons for such revocation. The monthly report shall be cumulative during the course of the year so that each report summarizes the action of all preceding months of the current years.

§ 4-11.7 License in Possession.

[Ord. #891, A7]

Every person holding a license, under this section, shall be required to carry the license with him or at his business premises while engaged in the business licensed. He shall produce the license at the request of any township official.

To every peddler granted a license, the township clerk shall issue a metal plate bearing the words "Licensed Peddler, Township of Lyndhurst," together with the number of the license and the year for which it is issued. All automobiles, wagons, carts, or other vehicles used for peddling shall have affixed thereon the metal plate. A transient merchant and a transient merchant-peddler shall post a license certificate in a prominent place on his business premises. To the vendors of all other classes shall be issued a license button which shall be affixed on the lapel of his or her coat or garment while engaged in business.

§ 4-11.8 License Fees.

[Ord. #891, A8; Ord. #2861-12, § 2; Ord. #2872-12, § 2]

License fees shall be as follows:

Auctioneers, a license fee each of $25 annually.

Distribution of handbills, circulars and all other advertising matter and samples of goods, wares and merchandise, a license fee of $5 per diem.

Bakery retail delivery wagons or vehicles, a license fee each of $20.

Book and soliciting agents selling books and magazines by subscriptions, a license fee of $5 annually.

Circuses, a license fee of $150 each.

Circus parades, a license fee each of $25.

Cleaners and dyers for each vehicle $25 per annum.

Fireworks, retail establishment, a license fee of $25.

Fruit and vegetable dealers doing business from vehicles, a license fee of $15 annually.

Grinders of knives, scissors and saw filers, a license fee of $5.

Ice cream wagons or other vehicles selling ice cream retail in any form, a license fee each of $15.

Ice wagons drawn by horses or automobile ice truck, a license fee each $5.

Ice stands, stores or depots, selling at retail, a license fee each of $25.

Ice factories or manufacturing plants, selling wholesale only, a license fee for each plant or factory of $250.

Junk dealers, other than motor vehicle junk, a license fee of $250.

Junk wagons or other vehicles, soliciting and selling junk other than motor vehicle junk, a license fee of $250.

Laundry delivery wagons, a license fee each of $25.

Lunch counters or rooms, a license fee each of $10.

Milk wagons or automobiles, a license fee each of $10.

Motion picture theaters, a license fee each of $100.

Organ grinders, a license fee of $5.

Parades, other than fraternal, patriotic or religious and political parades, and any parade sponsored by the Township of Lyndhurst, a license fee of $10.

Peddlers of:

Candy, a license fee each of $25.

Cheese, salami, spaghetti or groceries, a license fee for each wagon or automobile vehicle of $25.

Meats, each wagon or automobile vehicle, a license fee of $25.

Seafood with wheelbarrow, pushcart or vehicle, a license fee of $100.

Farm produce with wheelbarrow, pushcart or vehicle, a license fee for each vehicle of $100.

House furnishing goods and clothing, a license fee of $25.

Pies, cakes and bread with wagon, pushcart, basket or automobile, a license fee of $25.

Produce hucksters, fruit and vegetables, each vehicle, a license fee of $25.

Peddlers of other goods, wares and merchandise not enumerated above, a license fee of $15.

Pony tracks, a license fee of $5.

Restaurants, a license fee each of $25.

Public swimming pools, a license fee of $100.

aa.

Traveling shows, a license fee of $25 a day.

bb.

Transient merchants and transient merchant-peddlers, a sum equal to 2% of the fair cash value of goods, wares or merchandise to be offered for sale, provided however, that the transient merchant shall be entitled to apply for and receive a license upon paying to the township clerk the sum of $200 which license shall continue in favor of the person to whom it is issued for the period of 30 days, from the date the same is issued, and for each peddler employed by any transient merchant-peddler, a license fee of $15 annually.

cc.

Wagons or vehicles used exclusively for advertising purposes, a license fee each of $10.

§ 4-11.9 Revocation of License.

[Ord. #891, A9]

A license may be revoked by the mayor and board of commissioners by reason of the violation of the terms of the license, the violation of any municipal ordinance, state or federal statute or falsification in applying for a license. Before revocation, the licensed person may be granted a hearing by the mayor and board of commissioners, after five days' notice thereof and furnishing the person with a written statement of the charges against him.

§ 4-11.10 Eligibility.

[Ord. #891, A10]

No license shall be issued or renewed unless the applicant therefor shall be a citizen of the United States and a person of good moral character.

§ 4-11.11 Location of Sale.

[Ord. #2117, § I]

The retail sale of goods or merchandise of any kind shall take place within a permanent structure constructed in accordance with the Building Code of the Township of Lyndhurst.

§ 4-12 DEALERS OF SECONDHAND GOODS.

§ 4-12.1 Definitions.

[Ord. #1772, § 1]

As used in this section:

DEALERS OF SECONDHAND GOODS

Shall mean and include all types of business associations; natural person, partnership, corporation, association, firm, club, society, joint venture, engaged in business of the buying of secondhand goods for the purpose of resale or processing for their metallic content.

SECONDHAND GOODS

Shall mean articles that have been owned by persons other than the manufacturer or dealer whose business it is to sell such articles; which may or may not still possess utility in their present state for the purpose for which they were originally intended; such as, but not limited to, jewelry, small appliances, stamps, coins, and other items commonly stolen.

§ 4-12.1A License Required.

[Ord. #1772, § 1]

It shall be unlawful for any person to conduct, engage in or carry on activities of a dealer of secondhand goods as enumerated in this section within the township; or, in using any stand, store, or other place or thing for which a license is required under this section, without having first complied with the provisions of this section.

§ 4-12.2 Application for License.

[Ord. #1772, § 3; Ord. #2872-12, § 2; Ord. #2880-13]

Applications for all licenses required by this section shall be made in writing to the township clerk. Each application shall contain the following information:

The name under which the business is to be conducted.

The name of the applicant (if a corporation give the names and addresses of the members of board of directors; if a partnership, give the names and addresses of all partners).

The present address of the applicant(s).

The address and location of the business.

A statement as to whether the applicant has ever had a business license revoked or denied and the reason therefor.

Details of criminal convictions, including the nature of the offense, date and place of such conviction.

The business telephone number of the applicant.

A statement by the applicant that the information supplied in the application to induce the township to issue the license is true and correct and that the applicant agrees to comply with all laws and ordinances of the State of New Jersey and the Township of Lyndhurst applicable to the subject matter thereof.

Fingerprints taken of the applicant, which must be retaken at least once every two years.

Two passport size photographs.

§ 4-12.3 Fee.

[Ord. #1772, § 3; Ord. #2861-12, § 2]

Each new application must be accompanied by a nonrefundable fee of $50 and each renewal application must be accompanied by a nonrefundable fee of $10. If an application is rejected and resubmitted within 30 days of the original revocation date there shall be no additional fee required.

§ 4-12.4 Records.

[Ord. #1772, § 4]

All licenses, permits and applications therefor shall be prepared, kept on file, and shall bear the signature of the township clerk, together with the date of issuance.

§ 4-12.5 Investigations.

[Ord. #1772, § 5]

Upon receipt of an application for a license, the board of commissioners shall refer such application to the proper officials or officers for making of the necessary investigation or inspection. The officials shall make a report thereon, favorable or otherwise, within 15 days after receiving the application or a copy thereof. The health official shall make or cause to be made the appropriate health inspections; the building official and construction officials shall make or cause to be made any such inspections relative to the construction of the buildings or other structures; the zoning official shall make the appropriate zoning inspections; and the fire official shall make the appropriate fire inspections. All other investigations, except where otherwise provided, shall be made by the chief of police or his designee. Before the chief of police shall recommend a license, he shall first make a determination that the applicant does not have a criminal record or is not presently indicted for a crime in this state or any other state which would reasonably relate to the nature of the business to be conducted by the applicant; that the proposed business would not be detrimental to the public health, safety or welfare of the community; that the applicant had not conducted any business in violation of any local ordinances or state statutes; that the applicant has not permitted persons to conduct illegal activities on the premises of a business previously maintained in the township; and that the proposed business would not be a public nuisance.

§ 4-12.6 Issuance.

[Ord. #1772, § 6]

All licenses shall be approved by resolution of the township board of commissioners, upon payment of the license fee, based upon the qualifications of the applicant and the recommendations and reports of the investigating officials. The total number of licenses issued shall not exceed 10. The license shall run from the date of its issuance to the end of the calendar year and shall be renewed each year thereafter. The license shall not be assignable.

§ 4-12.7 Change of Location.

[Ord. #1772, § 7]

The location of any licensed business or occupation of any permitted activity may be changed, provided that 10 days' notice thereof is given to the chief of police and the approval is granted by the governing body, and provided that the requirements of all regulatory ordinances are complied with.

§ 4-12.8 Inspections.

[Ord. #1772, § 8]

The chief of police or his designee may at any time, and shall at least once a year, investigate the business of all licensees for the purpose of effectuating this section. It shall be the duty of the licensee or person in charge of the premises to grant free access to the licensee's place of business, to the books, papers, records, secondhand articles of the licensee wherever located, and shall also have the authority to examine, under oath, any person whose testimony he may require relative to such business.

It shall be the duty of the licensee or person in charge of the premises to cooperate with the Lyndhurst police and other law enforcement agencies for the recovery and restoration of stolen property.

§ 4-12.9 Revocation of License.

[Ord. #1772, § 9]

The board of commissioners shall have the right to suspend or revoke any license or permit whenever the holder thereof or any of the licensee's agents or servants violate any provision of this section, the laws of the State of New Jersey or any rules or regulations promulgated as herein provided. Prior to the revocation of a license, a written notice of the contemplated action of the board of commissioners shall be served upon said licensee, setting forth each charge as may be the reason for the proposed revocation and the place, date and hour when the board of commissioners of the Township of Lyndhurst will hear the matter. The licensee may be represented by counsel at such hearing.

§ 4-12.10 Posting of License.

[Ord. #1772, § 10]

Licenses so issued shall be conspicuously posted at the place of business shown on the license.

§ 4-12.11 Purpose of Fees.

[Ord. #1772, § 11]

The fees hereby imposed are revenue producing in nature, but such fees are used primarily to cover the cost of administration and inspection of such businesses, to assure compliance with the laws of the State of New Jersey and the ordinance of the Township of Lyndhurst. These fees provide a reasonable relationship to the cost of regulation and administration.

§ 4-12.12 Weekly Report to the Chief of Police.

[Ord. #1772, § 12]

All dealers in secondhand goods shall deliver to the chief of police or his designee, before 12:00 noon on the first day of the business week, a legible record of all purchases of secondhand goods of the previous week. This record must include a detailed description of each article or thing purchased by the dealer; the customer's name, address, phone number, signature, date of birth, sex, race, height, weight, eye and hair color, social security number, and type of identification presented. It shall be the duty of the licensee or person in charge of the premises to grant free access to the chief of police or his designee to these records at any time.

§ 4-12.13 Prohibit Purchase From Minors.

[Ord. #1772, § 13]

A dealer of secondhand goods shall not purchase a secondhand article from any person who is under the age of 18 years.

§ 4-12.14 Marking Secondhand Goods.

[Ord. #1772, § 14]

All secondhand goods offered for sale or exchange, exposed for sale or exchange, possessed with the intent to sell or exchange, or displayed with the intent to sell or exchange, shall keep affixed to the same a tag with the word "secondhand" clearly and legibly written or printed thereon, and the tag shall be so placed that the word "secondhand" shall be in plain sight at all times.

§ 4-12.15 Exemptions.

[Ord. #1772, § 15]

The township clerk may authorize the issuance of special licenses without payment of any license fee to any public, charitable, educational, literary, fraternal or religious organization having its location in the township for the conduct or operation of a temporary nonprofit enterprise for a public, charitable, educational, literary, fraternal or religious purpose. The applicant, however, shall submit the usual application form in the manner as hereinbefore required and shall operate, if granted a license, in accordance with the requirements of this section.

§ 4-12.16 Additional Restrictions.

[Ord. #1772, § 16]

No person shall conduct, engage in, operate or otherwise carry on a business, licensed or not, which may constitute a danger, menace or otherwise be detrimental to the general public health, safety and welfare or make any fraudulent or false statements or misrepresentations in connection with the provisions of this section. In addition, any applicant who shall have made any false, fraudulent or misleading statements in his application for license may be denied a license or be subject to having his license revoked.

§ 4-12.17 Enforcement.

[Ord. #1772, § 17]

The proper enforcement of the provisions of this section dealing with dealers of secondhand goods shall be within the jurisdiction of the Lyndhurst police department, and those officials charged with providing the necessary inspections and regulations.

§ 4-12.18 Penalties.

[Ord. #1772, § 18]

Pursuant to the laws of the State of New Jersey any person, firm, association or corporation violating any section of this section shall, upon conviction in the municipal court having jurisdiction, be subject to a fine not exceeding $250 or imprisonment in the county jail, or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days, or both.

Any person convicted of a second violation of this section shall, in the discretion of the court, be subject to a fine not exceeding $500 or imprisonment in the county jail, or in any place provided by the municipality for the detention of prisoners or both.

Any person convicted of a third violation of this section shall immediately be subject to revocation of his license pursuant to subsection 4-12.9, Revocation of License.

§ 4-13 TOW TRUCK OPERATIONS. [1]

[1]

Editor's Note: Ordinance No. 2129, contained herein, repeals Ordinance Nos. 2061 and 2108.

§ 4-13.1 Compliance.

[Ord. #2129, § 1]

It shall be unlawful for any person, firm or corporation to engage in the business of supplying emergency towing or wrecker service, or removing wrecked or disabled vehicles within the township without complying with the provisions of this section.

§ 4-13.2 Definitions.

[Ord. #2129, § II]

As used in this section, the following terms will have the following meanings:

ACCIDENT

Shall mean any occurrence which renders a vehicle wrecked or disabled.

DISABLED VEHICLE

Shall mean a vehicle which has been rendered unsafe to be driven as the result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, vandalism, or a vehicle which is in a safe driving condition, but the owner is not present, able or permitted to drive, so as to reasonably necessitate that the vehicle be removed by a wrecker.

DISPATCHER

Shall mean the person in the police department assigned by the chief of police to handle calls for wrecker service.

EMERGENCY WRECKER SERVICE

Shall mean the business of towing or removing wrecked or disabled vehicles from the streets upon request of the police department.

OWNER

Shall mean a person who holds legal title to a vehicle, or who has legal right of possession of a vehicle, or legal right of control of a vehicle.

PERSON

Shall mean an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity.

STREET

Shall mean any street, alley, avenue, lane, square or highway within the corporate limits of the township.

VEHICLE

Shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.

WRECKED VEHICLE

Shall mean a vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker.

WRECKER

Shall mean a vehicle designed to be used primarily for removing wrecked or disabled vehicles.

§ 4-13.3 Driving Wrecker to Scene of Accident Prohibited.

[Ord. #2129, § III]

No person may drive a wrecker to the scene of an accident on the streets of the township unless the person has been called to the scene by the police dispatcher or has received the permission of the police pursuant to subsection 4-13.5.

§ 4-13.4 Soliciting Wrecker Business at Scene of Accident Prohibited; Presence at Scene as Evidence of Violation.

[Ord. #2129, § IV]

No person may solicit in any manner, directly or indirectly at the location of a wrecked or disabled vehicle, the business of towing that wrecked or disabled vehicle regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing or storing the vehicle. Proof of the presence of a person in the wrecker business or the presence of a wrecker stopped at the scene of an accident which was not involved in the said accident and whose driver or occupants were not witnesses to the said accident and which was not called to the scene of said accident by the police dispatcher within one hour after the happening of said accident, is prima facie evidence of a solicitation in violation of this section.

§ 4-13.5 Intent of Section.

[Ord. #2129, § V]

It is the intent of the board of commissioners to enter into a separate one year contract with a single emergency wrecker service contractor to do the towing work and/or vehicle removal and/or impoundment of vehicle with four wheels or less (e.g. cars, vans, motorcycles or three-wheeled vehicles) when determined necessary by the Township of Lyndhurst Police Department; and to enter into a second separate contract with a single emergency wrecker services contractor to perform identical services for vehicles with more than four wheels. When a vehicle has been involved in an accident or is disabled the vehicle operator shall be advised of his or her right to select an emergency wrecker service of his or her choice so long as that emergency wrecker service can respond to the scene and perform the necessary services within a reasonable time frame to be determined by the police officer at the scene.

§ 4-13.6 Specifications.

[Ord. #2129, § VI]

The board of commissioners shall by resolution adopt specifications for each of the separate contracts and advertise for the receipt of sealed bids.

§ 4-13.7 Contract Awards.

[Ord. #2129, § VII]

The award of each contract shall be determined by sealed bidding.

§ 4-14 FEES FOR SERVICES.

[Ord. #1865, § I; Ord. #2135, § I; Ord. #2214, § I; Ord. #2248, § II; Ord. #2323, § II; Ord. #2327, § II; Ord. #2343, § II; Ord. #2470, § I; Ord. #2516, § I; Ord. #2524; Ord. #2560, § 1; Ord. #2808-11; Ord. #2836-12, § 2; Ord. #2849-12; Ord. #2861-12, § II]

§ 4-14.1 Recreation Fees.

[Ord. #2836-12; Ord. #2849-12]

The fees to be charged by the Township of Lyndhurst to the resident and nonresident users and participants for certain recreation services, for the purpose of reimbursing the township for the cost of providing those services, and thereby reducing the reliance on the general taxpayer for paying for such services, shall be as follows:

Parks Department.

Summer camp registration (Effective April 1, 2012):

(a)

First child: $300.

(b)

Second child: $250.

(c)

Each additional child: $200.

Lyndhurst community pool membership fees.

[Amended 4-10-2018 by Ord. No. 2993-18]

(a)

Seasonal (four-month membership).

	Lyndhurst Residents	Nonresidents
Adults	$95	$120
Children under 17	$75	$95
Seniors 60+	$60	$75
Family of 4	$280	$310

(b)

Annual (one-year membership).

	Lyndhurst Residents	Nonresidents
Adults	$250	$325
Children under 17	$200	$235
Seniors 60+	$150	$175
Family of 4	$725	$735

(c)

In addition to the above membership fees, the Township of Lyndhurst Recreation Department may charge residents a pool membership fee of $50 per individual and $100 per family of four for any two-month period between March 1 and October 31 of any year.

Town Hall Park.

[Amended 4-10-2018 by Ord. No. 2993-18]

(a)

Town Hall Spray Park: The previously charged $1 daily fee to use the spray park is hereby authorized and shall be $2 per day effective May 1, 2018.

(b)

Town Hall Park table reservations for parties or groups of three or more persons are hereby authorized. The maximum amount of time that a table (commonly referred to as a "picnic table") located in Town Hall Park may be reserved shall be four hours, unless extended by the Recreation Department. In order to accommodate these table reservations, the Recreation Department is authorized to issue a permit and charge a permit fee of $25 for each table reservation.

(c)

The Town Hall Park concession stand has historically provided food and beverages to the paying public during the summer months, as may be allowed by the Recreation Department. The payment for the food and beverages and the collection of funds (to reimburse the Township for the cost of the food and beverages as well as any staffing expense) is hereby authorized to be established by the Recreation Department each year not later than July 1 of the pertinent year. The schedule of charges for the food and beverages shall be posted in a prominent area of the Town Hall Park concession stand and shall be posted on the bulletin board in Town Hall.

§ 4-14.2 Public Affairs Department.

[Ord. #2861-12; Ord. #2872-12, § 2]

Blood screening: Cost of test.

Certified Copy of Birth: $10.

Certified Copy of Marriage: $10.

Certified Copy of Death: $10.

One year search with one (1) certified copy, if on file, of a Vital Statistic Record:

Birth: $10.

Marriage: $10.

Death: $10.

One year search, no record found:

Birth: $5.

Marriage: $5.

Death: $5.

Each additional year search at the same time: $5.

Correction of Vital Statistic Record, one fee for first correction, no charge for additional copies: $10.

Ear piercing establishments and practitioners that comply with the requirements of the State Department of Health pursuant to N.J.S.A. 26:1A-7, et seq., and the regulations promulgated thereunder, pursuant to N.J.S.A. 8:27-1 et seq., annually:

Original application: $500.

Renewal: $250.

§ 4-14.3 Police Department.

[Ord. #2861-12; Ord. # 2872-12, § 2; Ord. #2880-13]

Fingerprinting (check or money order only).

Liquor license ownership, bartenders, barmaids (annually): $25.

All other - miscellaneous (must supply own cards): $20.

Photographing: $10.

Annual Canvassing Permits (Commercial only): $10.

Record checks: $10 per request

Police Department Application/Testing Fee: $50.

Liquor license owner, bartenders/barmaids Annual Permit: $25.

License must be renewed every two years with two passport size photographs.

Applicants shall submit license card to the police records bureau at time of renewal.

§ 4-14.4 Municipal Court Discovery.

(Unless another fee is established by law.)

All requests for discovery in matters pending in the Township of Lyndhurst Municipal Court shall be submitted through the Municipal Prosecutor.

The following fees shall be payable by the requestor to the Township of Lyndhurst for the discovery provided:

$0.75 per page for each of the first 10 pages photocopied.

$0.50 per page for each of the next 10 pages photocopied.

$0.25 per page for each of the pages photocopied thereafter.

Actual postage for any discovery sent by mail.

$0.25 for the envelope for any discovery sent by mail

Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.

Duplication of videotapes constitute an extraordinary duplication process and will be charged at the rate of $5 per videotape.

On any item that cannot be photocopied on the township copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.

Where the discovery must be obtained from an entity other than Township of Lyndhurst, e.g. another police department, the actual costs paid to the other entity shall be paid by the requestor.

§ 4-15 CONTRACTORS.

§ 4-15.1 Applicability.

[Ord. #1872, § I]

This section shall apply to all persons, partnerships, corporations or other entities who shall undertake any services in the Township of Lyndhurst for a fee, the purpose of which is to add or remove rooms, dormers, or other structures, or improve, modernize, or modify existing rooms or structures, or install, resurface or improve driveways or sidewalks or any improvement for which a building permit is required, provided such work shall be accomplished upon any structure in the Township of Lyndhurst where persons reside or will reside upon completion of the work and further provided that the persons or firm offering the service shall not be otherwise licensed by the State of New Jersey pursuant to the terms of law and regulations promulgated pursuant to statute by state agencies having control over such services.

§ 4-15.2 Application for License.

[Ord. #1872, § II]

Any person or firm to whom this section applies, as set forth in subsection 4-15.1 above, shall, prior to commencing any work or service in the Township of Lyndhurst, make application to the construction code official for a local contractor's license. The failure to obtain such license prior to commencement to work or services shall constitute a violation of this section.

§ 4-15.3 Contents of the Application for Local Contractor's License.

All applications shall be submitted in writing upon the following form[1] to be provided by the construction code official.

[1]

Editor's Note: said form is included as an attachment to this chapter.

§ 4-15.4 Term of License.

[Ord. #1872, § IV]

All licenses issued pursuant to this section shall expire one year after the date of issue provided, however, that such licenses may be renewed annually upon payment of a fee hereinafter set forth.

§ 4-15.5 Fees.

[Ord. #1872, § V]

The initial fee for a local contractor's license shall be $25 and thereafter renewals of such license shall be given upon payment of a fee of $5 per year.

§ 4-15.6 Grounds for Revocation of License or Denial of Renewal.

[Ord. #1872, § VI]

The following shall constitute the sole grounds for which the construction code official may revoke a license, or deny the issuance of an initial license or the renewal thereof:

Failure to carry worker's compensation insurance; or

Failure to comply with construction standards required by state law or regulations or local ordinance or codes after having been given a notice to cure such noncompliance and after the contractor having failed to effect compliance without just cause; or

Failure to comply with the lawful instructions of the construction code official regarding:

Site safety; or

Altering plans submitted for the obtaining of the building permit without first receiving the approval of the construction code official; or

Failure to obtain a building permit where required; or

One owner/resident complaint against the contractor for unworkmanlike or unsafe services, which complaint has been personally verified by the construction code official or his deputy; or

Licensee or applicant has had any local contractor's license revoked by any municipality in the State of New Jersey for any cause other than failure to pay licensing fees.

§ 4-15.7 Right of Appeal for Denial of License.

[Ord. #1872, § VII]

In the event that the construction code official has revoked or denied a license to an applicant or has refused to renew such license upon submission of the required fee, the aggrieved contractor may appeal such denial, in writing, to the board of commissioners. Upon such appeal, the following steps shall be taken:

Upon receipt of the written appeal, the township clerk shall set a date for the board of commissioners to hear such appeal. This date may be adjourned for a reasonable time at the request of the board of commissioners or the contractor.

At the time, date and place set for the hearing, the board of commissioners shall conduct an inquiry into the reasons for the denial by the construction code official and shall hear the contractor as to why such denial was unreasonable or improper. At the hearing, the contractor shall be entitled to call witnesses and to be represented by counsel.

At the conclusion of the hearing the board of commissioners shall determine whether or not the denial of the license was proper under the circumstances and, if determined to be improper, the board of commissioners shall direct the construction code official to issue the license. If the board of commissioners determine that the license denial was proper, it shall, in its discretion, take one of the following actions:

Uphold the denial without further action;

If circumstances warrant, issue the license conditioned upon the contractor's adherence to steps imposed by the board of commissioners which are designed to reasonably insure compliance by the contractor with this section;

If circumstances warrant, direct the issuance of the license at such time as any deficiencies, which were the grounds for the denial, have been cured by the contractor. The board of commissioners shall set forth the deficiencies in its ruling.

Within 10 business days of the hearing date, the board of commissioners shall notify the construction code official and the contractor in writing of its determination and any conditions which have been placed upon the issuance of the license by the board of commissioners.

§ 4-15.8 Duties of the Construction Code Official.

[Ord. #1872, § VIII]

In addition to the enforcement of this section, the construction code official shall insure the following:

That the information contained in the application for local contractor's license is current;

That the applications for local contractor's license are public documents and made available for inspection and copying by any interested person;

He shall notify the owner of the property on which work is to be done by the contractor if the contractor does not carry public liability insurance.

§ 4-15.9 Penalty.

[Ord. #1872, § IX]

Any person or firm which fails to obtain a local contractor's license when required to do so by this section, shall, if any work is commenced on any project covered by this section, be subject to a penalty of up to a $500 fine or imprisonment for not more than six months or both.

§ 4-16 CANVASSERS, PEDDLERS AND SOLICITORS.

§ 4-16.1 Definitions.

[Ord. #2222, § I; Ord. #2676, § 1]

The following terms in this section shall have the meaning indicated:

PEDDLER

Shall mean any person who goes from place to place by traveling on the streets from house to house and carries with him goods, wares, and merchandise of any description for the purpose of selling and delivering them to purchasers.

SOLICITOR or CANVASSER

Shall mean any individual, whether a resident of the township or not, traveling by foot or by any other conveyance, from place to place, from house to house, or from street to street, asking for donations for any cause, publicizing any cause, or taking or attempting to take orders for the sale of goods for future delivery or for services to be performed in the future, whether or not a sample is carried or displayed and whether or not advanced payments are collected; provided, however, that this provision shall not apply to wholesale salesmen calling on retail merchants.

§ 4-16.2 Permit Required; Exception.

[Ord. #2222, § II; Ord. #2676, § 1]

It shall be unlawful to engage in the business of solicitor, peddler or canvasser without first obtaining a permit therefor from the Lyndhurst Police Department provided, however, that persons under 17 years of age, are allowed to solicit only when under the supervision of an adult, and said adult shall be required to obtain a permit as a solicitor, peddler or canvasser in the township.

§ 4-16.3 Application for Permit.

[Ord. #2222, § III; Ord. #2676, § 1; Ord. #2872-12, § 2; Ord. #2880-13]

An applicant for a permit to engage in sales or solicitation in the township shall file an application with the chief of police at least two weeks prior to the date of solicitation. The information shall be set forth on forms furnished by the police records bureau and shall be signed by the applicant. The following information shall be provided:

Applicant's name, business name and business address;

The residence address or addresses of the applicant for the preceding three years;

Whether the applicant has ever been arrested or convicted of a crime and, if so, the date of arrest; the crime or charge involved and disposition thereof;

The required permit pursuant to this article shall be valid for the calendar year in which the permit is issued and may be renewed for additional one year periods in January.

The nature of merchandise to be sold or offered for sale.

Fingerprints taken of the applicant, which must be retaken at least once every two years.

Two passport size photographs.

§ 4-16.4 Investigation of Applicant.

[Ord. #2222, § IV; Ord. #2230, § IV; Ord. #2676, § 1]

After due investigation and upon being satisfied that the applicant has not been convicted of a crime (and is not subject to any outstanding criminal warrants or indictments) relating to fraud, deception, theft, assault, or sex offense as defined by subsection b of section 2 of the New Jersey Code of Criminal Justice § 2C:7-2, and that he is selling or soliciting for a project free from fraud, the chief of police is hereby authorized to grant a permit to canvass or solicit upon the payment by the applicant of the applicable fees.

Each permit shall specify the period during which it shall be effective, and a copy of the permittee's photograph shall be attached to his permit. The permittee shall carry said permit and shall exhibit the permit to any police officer or other resident of the Township of Lyndhurst upon request. To the extent possible, the permittee shall advise the police department weekly of the specific location and/or locations he or she intends to canvass. The person giving this information shall do so by providing to the police department, his or her name, permit number, name of organization, if any, and specific location and/or locations he or she or others shall canvass.

Any canvass or solicitation involving the sale of food and/or beverages shall require an investigation by the health department with reference to the compliance or noncompliance of the proposed applicant with all municipal and state rules, regulations, statutes and ordinances relating to the sale and/or handling of food and/or beverages. Upon completion of investigation, the health department shall submit to the police records bureau a copy of the approval. The police records bureau shall proceed with the said investigation of applicant.

§ 4-16.5 Fees.

[Ord. #2222, § V; Ord. #2230, § V; Ord. #2676, § 1]

Upon the filing of the application a fee of $15 shall be paid to the township to defray the cost of investigating, processing and issuing said permit. An additional fee will be charged for State Police fingerprinting, fee made payable to New Jersey State Bureau of Investigation. Renewal fee for one year shall be $10.

§ 4-16.6 General Requirements.

[Ord. #2676, § 1]

Every person to whom a permit is issued under the terms of this chapter, shall be governed by the following rules and regulations: All circulars, samples, merchandise or other matters shall be handed to an occupant of a/the property or be left in a secure place on the premises.

No persons subject to the provisions of this section shall canvass, solicit or peddle, door to door except during the hours between 10:00 a.m. and 9:00 p.m., unless by express invitation of the resident.

No person subject to the provisions of this section shall enter or attempt to enter the house or apartment of any resident of the township without an express invitation from the occupant of said house or apartment.

No person subject to the terms of this section shall have exclusive rights to any location in the public streets or operate in any congested area where his operation might impede the public.

No person subject to the terms of this section shall make any solicitation within the township limits where solicitors are notified by sign that soliciting is prohibited.

No person subject to the terms of this section shall litter the streets, public places or property within the township with any merchandise or printed materials.

No person soliciting or canvassing within the township by the authority of a permit granted under this section shall be deemed to have permission or enter upon the traveled portion of any street or public right of way for purposes of approaching any motor vehicle within said street or right-of-way, and no soliciting or canvassing may be conducted of or from persons within motor vehicles traveling or stopped within the normal and usual travel lanes or streets or public rights of way.

§ 4-16.7 Exceptions.

[Ord. #2222, § VI; Ord. #2676, § 1]

The requirements of this section shall not apply to the following:

Any person engaged in the delivery of goods, wares, or merchandise or other articles or things in the regular course of business to the premises of persons ordering or entitled to receive same.

Any charitable campaign to be conducted within the township and approved by the board of commissioners.

Any person holding a license, permit or certificate issued by any department, board, commission or other agency of the county or of this state to engage in pursuit of his business in the township; provided, however, that such employee shall carry and display, upon request, such identification or badge or card issued by his employer.

Any nonprofit political organization whose purpose is to actively support or oppose a particular social, economic, political or legislative issue.

Any person honorably discharged from the military service of the United States or an exempt fireman of a volunteer fire department possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 24-10.

Any person canvassing or soliciting on behalf of a religious organization.

§ 4-16.8 Nonsolicitation Sticker.

[Ord. #2676, § 1]

Notwithstanding any other part of this section, each resident of the township may make an independent choice as to whether that resident chooses to be canvassed or solicited.

The township clerk will make available to all residents a sticker which will make reference to this section that will declare that this resident has not chosen to be canvassed or solicited.

The sticker shall be placed on the premises of the resident in a place that is visible to the public. Any person, partnership, firm, organization, or business entity that canvasses or solicits a resident that has a sticker on display shall be in violation of this section.

§ 4-16.9 Violations and Penalties.

[Ord. #2222, § VII; Ord. #2676, § 1]

Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not exceeding $200 and in default of payment thereof may be sentenced to imprisonment in the county jail for a term not exceeding 30 days. Every day on which such violation continues shall constitute a separate offense.

§ 4-17 LIMOUSINES AND LIVERY SERVICE.

§ 4-17.1 Definitions.

[Ord. #2690, § 1]

LIMOUSINE

Shall mean and include any automobile or motor car used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided, that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle at the time of manufacture. Nothing in this section shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the New Jersey Department of Transportation, or interstate autobuses required by federal or state law or regulations of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.

LIMOUSINE OR LIVERY SERVICE

Shall mean and include the business of carrying passengers for hire by limousines.

PERSON

Shall mean and include any individual, business entity, partnership, association, corporation or joint stock company, limited liability company, their lessees, trustees or receivers appointed by any court whatsoever.

STREET

Shall mean and include street, avenue, court, park, parkway, highway, or other public place.

§ 4-17.2 License Required.

[Ord. #2690, § 1]

No person, firm, partnership, association, corporation, limited liability company or other business entity shall operate or conduct the business of limousine or livery service within the Township of Lyndhurst, without having first obtained a license for said purpose, in accordance with this section.

§ 4-17.3 Application Procedure; Information Required.

[Ord. #2690, § 1; Ord. No. 2913-15 § 1]

Every owner of a limousine or livery service having a principal place of business within the Township of Lyndhurst shall make application to the township clerk, on forms to be provided by the clerk, simultaneously with the filing of the required insurance certificate and power of attorney, as provided in N.J.S.A. 48:16-14, evidencing proof of insurance in the amount of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street. Unless such application is submitted, the clerk shall not accept for filing the certificate of insurance and power of attorney, and shall not issue a certificate of compliance as described in N.J.S.A. 48:16-17.

No limousine or livery service registered in another state or the District of Columbia shall conduct wholly intrastate operations on the highways of this state unless the owner of the limousine has proof of insurance in the amount of $1,500,000 as provided for in N.J.S.A. 48:16-14 for limousines registered in this state, and is licensed pursuant to N.J.S.A. 48:16-17 in a municipality in which it has a bona fide registered business address.

No license shall be issued to an applicant who does not have a business office in the B or M-1 commercial zone district, and who does not have a minimum of one lawful off-street parking space available for each limousine on the same lot upon which the business office is located, when such limousine is not being operated upon the streets. Such parking space shall not be located in the R-A, R-B, R-C or SHRC residential zone districts, and must be owned, leased or rented by the applicant, or used by the applicant with the written authorization or consent of the owner. Such parking space shall not violate any provisions or regulations contained in the Township's zoning ordinance, Section 21-1, et seq. Limousines shall not be parked on the street except for the pick up or discharge of passengers.

Each application shall set forth the following information, and shall be sworn to or affirmed by the applicant:

The year, make, model, vehicle identification number, license plate number, and color of each vehicle;

Name and address of insurance company and policy number;

Name and address of each employed driver, and New Jersey operator's license number;

The principal location of each vehicle when not being operated upon the streets as a limousine, which shall include the following information:

(a)

A description and designation of each parking space and the property upon which it is located;

(b)

Written documentation that the applicant has the right to use the designated parking space for each limousine, including but not limited to, a deed, lease, rental or use agreement, or authorization or consent of the owner of the property;

The home and business address of the owner of the vehicle;

A statement as to whether the applicant has ever been convicted of a crime, and if the applicant has been convicted of a crime, a complete statement concerning the dates and disposition thereof. In case of a corporate or business entity applicant, the statement shall be completed as to each officer, director and owner of more than 10% of stock or interest in the corporation or business entity.

§ 4-17.4 Fee.

[Ord. #2690, § 1]

The application for a license shall be accompanied by a fee in the amount of $25.

§ 4-17.5 Approval of the Board of Commissioners.

[Ord. #2690, § 1]

Upon receipt of a completed application, together with payment of the requisite fee, and filing of the insurance certificate and power of attorney required under N.J.S.A. 48:16-14 and 16, the clerk shall present the application for approval of the board of commissioners of the Township of Lyndhurst at the next regularly scheduled meeting.

§ 4-17.6 Certificate of Compliance.

[Ord. #2690, § 1]

Upon approval of the board of commissioners, the clerk shall issue a certificate of compliance, which shall remain in effect only for the period that the insurance described in the certificate filed with the clerk remains in full force and effect, the limousine service license and registration issued by the New Jersey Motor Vehicle Commission remains valid, and the vehicle or vehicles covered by said application are operated by duly licensed motor vehicle operators with appropriate licenses issued by the New Jersey Motor Vehicle Commission.

§ 4-17.7 Issuance of License.

[Ord. #2690, § 1]

Upon approval of the board of commissioners, the clerk shall be directed to issue, in duplicate, a license to operate showing that the owner of the limousine has complied with the provisions of N.J.S.A. 48:16, which shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured thereunder and the registration number of same. The original license shall be retained within the limousine and available for inspection at all times. The duplicate license shall be filed with the Motor Vehicle Commission before any such car is registered as a limousine.

§ 4-17.8 Revocation.

[Ord. #2690, § 1]

The approval of the board of commissioners may be revoked, after notice and hearing, whenever it shall appear that the person to whom the approval was granted has failed to furnish or keep in force the insurance policy required by this section, or to comply with the terms or conditions imposed by the board of commissioners, or any law of this state.

§ 4-17.9 Registration of Limousines Which Do Not Have a Principal Place of Business in the Township of Lyndhurst.

[Ord. #2690, § 1]

The registration of a limousine with the New Jersey Motor Vehicle Commission may be obtained from the township clerk for all business entities or residents of the Township of Lyndhurst which do not have the principal place of business for a limousine or livery service in the township, but reside or are located in the township; own a limousine which is parked or stored in the township; and demonstrate the appropriate insurance requirements for the limousine. The applicant for such registration shall comply with the requirements set forth in subsection 4-17.3c of this section. Such registration shall in no way be interpreted as granting permission to operate a limousine business within the township. The fee for such registration shall be $25.

§ 4-17.10 Expiration Date.

[Ord. #2690, § 1]

All licenses and registrations issued pursuant to this section shall be and remain valid for a period of one year, commencing on the first day of the month in which the board of commissioners shall have granted approval.

§ 4-17.11 Restrictions in Residential Zone.

[Ord. #2690, § 1]

No more than one vehicle shall be permitted in connection with any limousine or livery service operated in a residential zone. Such vehicle shall be parked off street in the driveway of the lot in which the business is operated in a residential zone. No portion of such vehicle shall extend over the sidewalk of such lot.

§ 4-17.12 Cancellation of Insurance.

[Ord. #2690, § 1]

In the event that the clerk is notified that the required insurance for the limousine vehicle has been cancelled, the license or registration holder shall be required to pay a fee to the township in the amount of $25 for the administrative costs in connection with the clerk's notification to the Motor Vehicle Commission that the insurance has been cancelled.

§ 4-17.13 Violations and Penalties.

[Ord. #2690, § 1]

Any person who violates any provision of this ordinance shall, upon conviction, be subject to a fine not in excess of $1,000, or imprisonment for not more than 90 days, or both.

§ 4-18 DONATION CLOTHING BINS.

§ 4-18.1 Purpose.

[Ord. #2684, § 1]

The purpose of this section is to establish regulations for donation clothing bins, pursuant to N.J.S.A. 40:48-2.60, et seq.

§ 4-18.2 Definitions.

[Ord. #2684, § 1]

The following terms in this section shall have the meaning indicated:

SOLICITATION or SOLICIT

Shall mean the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.

§ 4-18.3 Requirements.

[Ord. #2684, § 1]

Notwithstanding any other provision of law to the contrary, no person shall place, use, or empty a donation clothing bin, for solicitation purposes, unless all of the following requirements are met:

The person has obtained a permit, valid for a twelve-month period of time, from the Land Use Administrator of the Township of Lyndhurst, in accordance with the following:

In applying for such a permit, the person shall include:

(a)

The location where the bin would be situated, as precisely as possible;

(b)

The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent;

(c)

The name, and telephone number of the bona fide office required pursuant to subsection b of this section, of any entity which may share or profit from any clothing or other donations collected via the bin; and

(d)

Written consent from the property owner to place the bin on his or her property.

The Land Use Administrator shall not grant an application for a permit to place, use, or employ a donation clothing bin if he or she determines that the placement of the bin could constitute a safety hazard. Such hazards 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 Land Use Administrator shall impose a fee for such application, not to exceed $25, to offset the costs involved in enforcing this section.

An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of any fee imposed by the Land Use Administrator for such renewal, not to exceed $25 annually, to offset the costs involved in enforcing this section. Such application shall include:

(a)

The location where the bin is situated, as precisely as possible, and, if the person intends to move it, 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 or her property;

(b)

The manner in which the person has used, sold, or dispersed 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 it may make in these processes during the period covered by the renewal; and

(c)

The name, and telephone number of the bona fide office required pursuant to paragraph b 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; 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 required pursuant to paragraph c of this section;

The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the person or other 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 paragraph, an answering machine or service unrelated to the person does not constitute a bona fide office; and

The following information is clearly and conspicuously displayed on the exterior of the donation clothing bin:

The name and address of the registered person that owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;

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;

In cases when 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

A statement, consistent with the information provided to the Land Use Administrator in the most recent permit or renewal application, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.

A statement that no items other than clothing shall be placed in the bin.

No more than three bins shall be placed on any parcel of property in the Township.

§ 4-18.4 Investigation for Complaints Relating to Donation Clothing Bins.

[Ord. #2684, § 1]

The Land Use Administrator shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Land Use Administrator that a person has engaged in, or is engaging in any act or practice in violation of paragraph b hereof, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the Land Use Administrator is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. 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.

In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Land Use Administrator may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing for other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the chief financial officer of the Township.

§ 4-18.5 Additional Penalties, Remedies.

[Ord. #2684, § 1]

In addition to any other penalties or remedies authorized by the laws of New Jersey, any person who violates any provision of this section which results in seizure of the donation clothing bin shall be:

Subject to a penalty of up to $20,000 for each violation. The Land Use Administrator may bring this action in the Municipal Court or Superior Court as a summary proceeding under the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the chief financial officer of the Township; and

Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to subsection 4-18.3 hereof. A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of this section may apply to the Land Use Administrator to have that person's eligibility restored. The Land Use Administrator may restore the eligibility of a person who:

Acts within the public interest; and

Demonstrates that he or she made a good faith effort to comply with the provisions of this section and all other applicable laws and regulations, or had no fraudulent intentions.

§ 4-19 LICENSING AND USE OF PUBLIC PROPERTY.

§ 4-19.1 Purpose.

[Ord. #2777]

The purpose of this section is to establish the administrative requirements for the general licensing and use of public property.

§ 4-19.2 Legislative Intent.

[Ord. #2777]

The purpose of the licenses and permits issued under this section is to protect the public health, safety, and welfare and provide for the occupancy and use of public property in the interest of the Township of Lyndhurst and its citizens.

§ 4-19.3 License of Use of Township Real Property.

[Ord. #2777; Ord. #2787-11; Ord. #2797-11]

The board of commissioners may grant the use of any township real property for a term not to exceed 20 years only after approval by resolution of an application properly made.

The license applicant must be the adjoining property owner or legal leaseholder or tenant of the adjoining property. If the licensee is a leaseholder or tenant, permission must be obtained from the owner of the property in writing.

The real property comprising the licensed area shall not be needed for public use.

A licensee must permit the township to perform a police criminal check before the application may be considered by the board of commissioners.

The licensee may place removable furniture and structures in the licensed area. The proposed structure shall be either freestanding or an attachment to the main structure and temporary in nature. Footings and foundations shall be provided only as required by the building code.

The fee for a license shall be paid annually, with the fee established by calculating the square foot area of the licensed area multiplied by the square foot tax ratable for the adjoining land (without structures).

At the end of the term of the license, or any renewal term thereof, the licensee shall remove all structures and facilities from the licensed area and return the licensed area to the same or similar condition in which it existed at the beginning of the term of the license.

The licensee shall be responsible for all improvements that the licensee or township deems necessary or appropriate in connection with the license, including but not limited to streets, roadways, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, traffic control devices, municipal signage, surveyor's monuments, water mains, culverts, storm sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space, on-site improvements, landscaping, and public works and facilities. The licensee shall be required to furnish performance and maintenance guarantees as required by the township engineer, pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-53 et seq.

§ 4-19.4 Clerk to Issue Licenses.

[Ord. #2777]

Upon granting of a license by the board of commissioners and receiving the license fee, the clerk shall prepare, sign, and issue a license containing the purpose of the license, the name and address of the licensee, the date of expiration and the official township seal.

§ 4-19.5 Term of Licenses; Renewal; Fees.

[Ord. #2777]

Unless otherwise provided by this section or an ordinance of the township, the term of each license issued under this section shall not to exceed 20 years with the renewal date on December 31 of the year of its first issue. Unless otherwise provided by this section or an ordinance of the township, no license fee shall be prorated.

Notwithstanding the term of the license, each license must be renewed annually by submitting proof of continued ownership, leasehold or tenancy of the adjoining property and insurance as required in this section.

Each license issued under this section shall contain on its face its dates of issue and expiration.

A licensee seeking an annual renewal of an existing license issued under this section shall apply for renewal no less than 30 days before the license expiration date.

A licensee seeking to continue a license issued under this section beyond the term stated shall apply no less than 60 days before the license expiration date.

The fee for a license shall be paid annually, with the fee established by calculating the square foot area of the licensed area multiplied times the square foot tax ratable for the adjoining land (without structures).

§ 4-19.6 Transferability of Licenses.

[Ord. #2777]

No license issued under this section may be transferred or assigned, and no license is valid as to any person other than the person named thereon, unless such transfer or assignment is approved by resolution of the board of commissioners.

§ 4-19.7 Posting of License.

[Ord. #2777]

Unless otherwise provided by this section, each licensee licensed under this section shall post the license on the primary business premises to which the license relates prominently in public view.

§ 4-19.8 Refund Where License Is Not Issued.

[Ord. #2777]

If an applicant for a license has paid the required license fee but no license is issued, the board of commissioners shall cause the fee to be returned forthwith upon request by the applicant for the refund.

§ 4-19.9 Clerk to Keep License Register.

[Ord. #2777]

The clerk of the Township of Lyndhurst shall keep a register of all licenses and permits issued under this section that includes the name and address of the licensee; the purpose of the license, the number of the license; the amount paid therefor; and the license expiration date.

§ 4-19.10 Insurance Required.

[Ord. #2777]

The licensee shall comply with the following insurance requirements:

At all times maintain workers' compensation insurance, comprehensive general liability insurance with minimum limits of $1,000,000 for any one person and $1,000,000 for any one accident, and public property damage insurance with a minimum limit of $500,000 for any one accident.

File with the township clerk a certificate signed by a qualified agent of an insurance company evidencing the existence of valid and effective policies of workers' compensation and comprehensive general liability and property damage insurance naming the township and its officers and employees as an additional named insured on the liability policy at least to the limits required by paragraph a of this subsection, the limits of each policy, the policy number, the name of the insurer, the effective date and expiration date of each policy, and a copy of an endorsement placed on each policy requiring 10 days' notice by mail to the township clerk before the insurer may cancel the policy for any reason.

§ 4-19.11 Authority to Deny Issuance of Licenses.

[Ord. #2777]

Board of commissioners may deny an application for a license under this section upon a determination that:

The applicant has failed to supply any of the information required on the application;

The applicant has failed to obtain the required insurance;

The applicant has failed to pay the required license fee;

The applicant has failed to obtain approval from the appropriate township or other governmental agency or authority to permit the business operation or activity to be conducted at the property, including but not limited to, the health department, construction department, or police department.

The applicant is not qualified by experience, training, or education to engage in the activity authorized by the license; or the applicant has been convicted of a criminal or disorderly persons offense and would create a danger to the public health, safety or welfare of the Township of Lyndhurst if the applicant were to engage in such offensive conduct after the license were issued.

If the board of commissioners denies a license application under this section, the township clerk shall notify the applicant in writing stating the specific grounds for the denial. The applicant may thereafter appeal the denial of the application at a hearing. The hearing officer shall be an attorney-at-law licensed to practice law in the State of New Jersey and shall not be a member of the board of commissioners.

§ 4-19.12 Legal Description of Licensed Area.

[Ord. #2777; Ord. #2797-11]

The licensee shall submit a plot plan or survey and legal description in connection therewith, prepared by a New Jersey licensed surveyor, identifying the proposed licensed area with the application for license.

§ 4-19.13 Limitations on Purpose and Use of a License.

[Ord. #2777]

The uses to be permitted in the licensed area by the licensee and occupants of the licensed property is limited to legal activities and those set forth in the resolution of approval issued by the board of commissioners after reviewing the application for the license.

The authority delegated by the license shall be subject to the township's police power, the provisions of the license application, the resolution of approval of the license application and the other provisions of this section, and shall not be construed in derogation of the constitutional or statutory rights of any person.

§ 4-19.14 Prohibitions on Purpose and Use of a License.

[Ord. #2777]

The following are prohibited within the licensed area:

Animals, unless used for the purpose of assisting the visually or aurally impaired;

Vending, advertising, entertainment, special events or other commercial activities unless conducted within an enclosure;

Parades;

Unicycles, bicycles and other types of cycles, skateboards, roller skates, in-line skates and shopping carts;

Sleeping or camping;

Littering;

Sexually oriented businesses as described in the township ordinances;

Installation of signs in violation of the township ordinances;

Conducting any activity prohibited by law;

Feeding birds; and/or

Solicitation, as prohibited in township ordinances.

§ 4-19.15 Revocation of Licenses.

[Ord. #2777]

In addition to any other provisions of this section or other ordinances of the township, the board of commissioners may suspend or revoke a license or permit issued under this section if:

The licensee fails to meet the qualifications required of an applicant;

The licensee violates any provision of this section or other ordinance of the township governing the activities permitted by the license;

The licensee obtained the license by fraud or misrepresentation; or

The licensee is convicted of a criminal or disorderly persons offense and would create a danger to the public health, safety and welfare if the licensee were to engage in such offensive conduct after the license was issued.

If the board of commissioners finds one of the grounds in paragraph a of this subsection or any other ground for suspension or revocation in the township ordinances, the board of commissioners shall determine whether to revoke the license for the remainder of its term or suspend it for any shorter period according to severity of the disqualification, its effect on public health, safety, and welfare, and the time during which the disqualification can be remedied, if at all.

Before the hearing required by paragraph d of this subsection, the board of commissioners may suspend a license for up to 30 days, if the board of commissioners determines that the suspension is in the interest of public health, safety and welfare. The board of commissioners may include in the temporary suspension reasonable orders or conditions with which the licensee shall comply to protect any work in progress and the public health and safety. Any breach of such condition or orders shall be an independent ground for suspension of revocation of the license.

Except for such emergency suspension authorized by paragraph c of this subsection, no such suspension or revocation is final until the licensee has been given the opportunity for a hearing to contest the suspension or revocation.

If, after a hearing, the suspension or revocation is upheld, the board of commissioners may include reasonable orders or conditions with which the person whose license has been suspended or revoked shall comply to protect any work in progress and the public health, safety, and welfare.

No person whose license is revoked under this section may receive a refund of any part of the license fee paid for the license.

No person who has had a license suspended or revoked under this section shall be entitled to obtain the same or any similar license under this section during the period of suspension or revocation, either in the person's own name or as a principal in another business that applies for a license.

§ 4-19.16 Motorized Vehicles Prohibited.

[Ord. #2777]

The surface of all areas designated in the license shall be limited to the use of pedestrians. Except for wheelchairs used to transport the physically disabled, emergency vehicles, or maintenance vehicles, no motorized vehicle shall be permitted in the area designated in the license.

§ 4-19.17 Revocation Not Exclusive Penalty.

[Ord. #2777]

Nothing in this section shall be deemed to prohibit the board of commissioners from imposing other penalties authorized by section, chapter or other ordinance of the township, including filing a complaint in the municipal court for a violation of this section, chapter or other ordinance of the township.

§ 4-19.18 Additional Regulations.

[Ord. #2777]

The board of commissioners may issue rules and regulations deemed necessary to administer and enforce the provisions of this section, including, without limitation, prescribing forms for license applications, information that applicants and licensees shall provide, and books and records that licensees shall keep.

§ 4-19.19 Penalties for Violation of this Section.

[Ord. #2777]

The Lyndhurst Police Department shall have the authority to police and issue citations for violations of any provisions of this section.

It shall be unlawful to occupy public property without a license to do so, and it shall be unlawful to occupy or use a licensed property in manner that is different from the license issued or in a manner contrary to the ordinances of the township or the criminal code of the State of New Jersey.

Any person who violates any provision of this section shall upon conviction thereof, be subject to the following penalties:

First violation — A fine of $250;

Second violation — A fine of $500, or up to 30 days imprisonment, or both;

Third and each subsequent violation — A fine of $1,000, or up to 60 days imprisonment, or both.

§ 4-20 FILMING AND PHOTOGRAPHY PERMIT.

§ 4-20.1 Definitions.

[Added 1-10-2023 by Ord. No. 3133-22]

As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL STILL PHOTOGRAPHY

All activities attendant to the staging and/or shooting of commercial motion pictures, television series, television movies, commercials and to the taking of single or multiple photographs for sale or commercial use. This term shall not include private video photography and news media.

FILMING

The taking of commercial still photography or motion pictures either on film, videotape, or similar recording medium, for any purpose intended for viewing on television, in theaters or for institutional uses. This term shall not include private video photography and news media.

MAJOR MOTION PICTURE

Any film which is financed and/or distributed by a major motion picture, or television production studio or corporation, including, but not limited to:

Universal Studios.

Warner Brothers, including New Line Cinema, Castle Rock Cinema and Turner Production Company.

Paramount.

20th Century Fox.

Columbia/Tri-Star.

Disney.

MGM-United Artists.

Filming activity connected with any part of a production, with an overall budget of at least $2,000,000.

Any recurrent television series programming.

NEWS MEDIA

Photographic, filming, and/or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen.

PRIVATE VIDEOS AND PHOTOGRAPHY

The filming or videotaping of motion pictures, or still photography, intended solely for private use.

PUBLIC LANDS

The areas, including, but not limited to, any public building, street, highway, sidewalk, square, park, playground, or other public places within the Township of Lyndhurst which is within the jurisdiction and control of the Township of Lyndhurst.

STUDENT FILMS

Motion picture, television or still photography produced to satisfy a course or curriculum requirement at an accredited educational institution. The student filmmaker must supply proof that he/she is currently enrolled in any such educational institution.

TOWNSHIP FACILITY

Any building, structure, or other facility, public or otherwise, under the jurisdiction and control of the Township of Lyndhurst.

§ 4-20.2 Permit required; application.

[Added 1-10-2023 by Ord. No. 3133-22]

No person, firm or corporation shall film or permit filming or commercial still photography within the Township of Lyndhurst without first obtaining a permit therefor, which permit shall set forth the location of such filming and the date or dates when filming shall take place.

Permits shall be obtained in the office of the Township Clerk during normal business hours. Applications for such permits shall be in a form approved by the Township Clerk and shall be accompanied by a permit fee as set forth in herein. Incidental use of a public sidewalk or street which does not result in the closing of the street or sidewalk to public use shall not be considered filming on public land.

Where filming takes place on private property, permission of the owner must be obtained in writing.

If a permit is issued and filming does not take place on the dates specified due to inclement weather or other good cause, the Township may, at the request of the applicant, issue a new permit for filming on other dates, without additional charge to the applicant, subject to full compliance with all other provisions or this section.

One permit shall be required for each location.

Issued permits must be readily available for inspection by Township officials at all times at the site of the filming or commercial still photography.

The provisions of this section shall not apply to news media and private videos and photography.

§ 4-20.3 Issuance of Permits.

[Added 1-10-2023 by Ord. No. 3133-22]

Permits shall be issued by the Township Clerk after review and approval of the Lyndhurst Police Department.

The Township Clerk and Lyndhurst Police Department may determine whether any additional municipal services may be reasonably required depending upon the nature of the activities proposed.

No permits shall be issued unless all fees and reasonably necessary reimbursable expenses are paid to the Township.

No permit shall be issued for filming upon public lands or Township facilities unless the applicant shall provide the Township of Lyndhurst with satisfactory proof of the following:

Proof of insurance coverage, including, but not limited to, for bodily injury to anyone person in the amount of $1,000,000 and any occurrence in the aggregate amount of $3,000,000;

For property damage for each occurrence in the aggregate amount of $1,000,000;

A written hold harmless and indemnification agreement acceptable to the Township Attorney.

The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon the completion of filming or the expiration of the permit, whichever comes first.

The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Lyndhurst Police and Fire Departments and with respect thereto.

The applicant shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners as a result of such filming and shall, to the extent practicable, abate noise and park vehicles off the public streets. All vehicles parked on public streets and rights-of-way shall be done so in accordance with all applicable state and local regulations.

Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 7:00 p.m. or sundown, whichever is earlier.

No permit shall be issued for filming at a particular location in a residential zone within the Township of Lyndhurst which would permit filming at said location on more than four days during any one calendar year.

The permit holder shall not interfere with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands.

The applicant shall give written notice of the filming to all businesses and residents within 200 feet of the filming location and further provide written proof of such notice at least three business days' prior to the submission of a completed permit application.

Such written notice shall be in a form acceptable to the Township Clerk and shall inform such businesses and residents that objections may be filed with the Township Clerk within the next three business days, said objections to form a part of applicant's application and be considered in the review of the same.

The permit holder shall notify the Fire Prevention Bureau 24 hours before filming takes place and permit the Lyndhurst Fire Official or Inspectors to inspect the site and the equipment to be used. The applicant shall comply with all fire safety instructions issued by the Fire Prevention Bureau.

§ 4-20.4 Denial of Permits; Appeals.

[Added 1-10-2023 by Ord. No. 3133-22]

The Township Clerk may refuse to issue a permit whenever it is determined, on the basis of objective facts and after a review of the application by the Police Department and by other Township agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.

Any person aggrieved by a decision of the Township Clerk denying or revoking a permit or a person requesting relief may appeal to the Board of Commissioners. A written notice of appeal setting forth the reasons for the appeal shall be filed within 10 days of said decision. The Board of Commissioners shall set the matter down for a hearing within 30 days of the filing of the notice of appeal. A resolution supporting the denial or revocation or granting relief shall be approved by the Board of Commissioners at the first regularly scheduled public meeting of the Board of Commissioners after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted in the time required, the decision of the Township shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief shall be deemed denied.

§ 4-20.5 Permit Fees.

[Added 1-10-2023 by Ord. No. 3133-22]

The schedule of fees for the issuance of permits authorized by this section are as follows:

Commercial filming permit: $250.

Commercial still photography permit: $100 (fee subject to change based on duration of shoot).

Non-profit or student films: no permit fee. Student films are otherwise liable for all other costs except for filming or photography that is part of a course of study at any educational institution or facilities located within the Township of Lyndhurst.

Daily filming fee, in addition to basis filming permit: $400 per day.

Daily filming fee for a major motion picture: $1,500 per day.

Police/fire protection: an additional cost to be determined by the Township of Lyndhurst Police and/or Fire Department(s).

The applicant will be required to hire one or more off-duty police officers when deemed necessary by the Police Chief.

Use of Borough parks, Borough public lands, or Borough facilities may incur additional fees in accordance with the Borough of Fort Lee's facility use fee schedules.

In addition to any and all other fees and costs mentioned in this section, the applicant shall reimburse the Township for any lost revenue, including, but not limited to, repairs required to any public property and any revenues that the Township was prevented from earning because of filming.

§ 4-20.6 Waiver of Requirements.

[Added 1-10-2023 by Ord. No. 3133-22]

The Board of Commissioners may authorize a waiver of any of the requirements or limitations of this section and may authorize filming other than during the hours herein described or may permit filming at a particular location in a residential zone on more than four days during any one calendar year or may waive any other limitation or requirement of this section whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety or welfare.

§ 4-20.7 Violations and Penalties.

[Added 1-10-2023 by Ord. No. 3133-22]

The provisions of this section shall be enforced by the Lyndhurst Police Department, Fire Official, other Code Official, or, as their jurisdiction may arise, including legal counsel for the Township or other persons designated by the Township of Lyndhurst to issue municipal civil infractions directing alleged violators of this section to appear in court or file civil complaints.

A violation of this section is hereby declared to be a public nuisance, a nuisance per se, and is hereby further found and declared to be offensive to the public health, safety and welfare.

Any person found to have violated any provision of this section, without regard to intent or knowledge, shall be liable for maximum civil penalty, upon adjudicated violation or admission, of a fine not exceeding $1,500. Each day of such violation shall be a new and separate violation of this section.

§ 4-20.8 Exceptions.

[Added 1-10-2023 by Ord. No. 3133-22]

The provisions of this section shall not apply to private video photography and news media.