Township of Mahwah, NJ General Licensing

SPECIAL RECOVERY SERVICES

Editor’s Note: Prior ordinances codified herein include portions of Ordinance Nos. 553, 659, 774, 987, 988, 1976 Code §§ 160-1 — 160-10, 1106, 1112, 1168, 1181, 1186, 1200, 1278, 1377, 1464, 1682 and 1752.

§ 4-2.1 Definitions.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

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

BASIC TOWING SERVICE

The removal and transportation of an automobile from a highway, street or other public or private road or a parking area or from a storage facility and other services normally incident thereto, but does not include recovery of an automobile from a position beyond the right-of-way or berm or from being impaled upon any other object within the right-of-way or berm. Basic tow only includes providing access to the vehicle during normal business hours, 8:00 a.m. till 5:00 p.m. Any additional services, including tow outs, will be negotiated with the party requesting same.

CALENDAR YEAR

The period of time between January 1 and December 31 of any given year.

GVWR

Gross vehicle weight rating.

HEAVY-DUTY TOW VEHICLE

A vehicle specifically designed to tow, transport or otherwise move motor vehicles with a gross vehicle weight rating of 16,001 and above.

INSIDE BUILDING

A vehicle storage facility that is completely indoors, having one or more openings in the walls, for storage and removal of vehicles and that is secured by a locking device on each opening.

LAND ALL TRAILER

Detachable trailer capable of hauling vehicles, machinery and/or equipment, commonly referred to as "low-boy."

LICENSED PREMISES/SITE

The licensed storage area under which the official tower conducts operations in accordance with the provisions of this section.

LIGHT DUTY TOW VEHICLE

A vehicle specifically designed to tow, transport or otherwise move motor vehicles with a gross vehicle weight of up to 10,000 lbs.

MEDIUM DUTY TOW VEHICLE

A vehicle specifically designed to tow, transport or otherwise move motor vehicles, with a gross vehicle weight of at 10,001 to 16,000 lbs.

MOTOR VEHICLE ACCIDENT

An occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the licensed owner or operator of the motor vehicle even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the licensed owner or operator of the motor vehicle.

OFFICIAL TOWER

A person or company licensed by the Township of Mahwah to tow and/or store vehicles whose licensed site meets the standards set forth in this section.

OUTSIDE SECURED

An automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high and is installed with a locked gate. The facility is to be lighted at night.

SERVICE

An occurrence in which a motor vehicle becomes inoperable. This vehicle is not involved in contacting another vehicle or object.

Any action that is not normally associated with roadside towing, winching, righting an overturned vehicle or other services required when a vehicle is not on any portion of a traveled roadway or shoulder. Winching a vehicle onto a flatbed, with damaged wheels or transmission is not considered special recovery services.

TOW VEHICLE

Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under reach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.

WINCHING

Repositioning a vehicle that has been overturned or is off the roadway or shoulder so as to accommodate the hooking and positioning of the vehicle on the tow vehicle. Winching excludes the pulling of a vehicle onto a flatbed.

§ 4-2.2 Licensing and Identification of Official Towers.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

The Governing Body of the Township of Mahwah, or its designated agent or officer, may license persons or companies meeting the criteria set forth in this section and engaged in the business of or offering the services of motor vehicle towing, wrecking or storage (service), whereby damaged, (or) disabled and/or impounded motor vehicles are towed or otherwise removed from the place where they are damaged, (or) disabled, and/or impounded by use of a tow vehicle, as defined herein. Such person(s) or company shall be known as an "official tower."

Official towers shall be identified by means of a license, which shall be issued by the Township as hereinafter provided. Each licensed official tower shall also have issued by the Township a decal or insignia for each vehicle used in the towing operation by the official tower and which shall be placed on each vehicle in a prominent portion of such vehicle as required by the Chief of Police or his designee. No vehicle or motorized equipment shall engage in towing vehicles unless such insignia or decal is affixed as set forth and the name of the official tower permanently affixed to the vehicle. The decal shall remain on the vehicle during the licensed term. A new decal shall be issued upon approval of a re-application and re-inspection. ("Permanently affixed" herein shall mean attached to or placed directly on the vehicle in such a manner as such cannot be removed or repositioned.)

§ 4-2.3 Services to Be Furnished; Possession of Special Equipment.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

The official tower shall furnish adequate and proper towing, wrecking, storage and emergency repair service to damaged or disabled motor vehicles within the limits of the Township when requested to do so by the Chief of Police or his designee. The official tower shall be available to render service 24 hours per day, seven days per week with a maximum twenty-minute response time to Township border in adverse weather or traffic.

In the event that a disabled vehicle requires special towing equipment and the official tower does not possess such equipment, the assigned tower may utilize other Mahwah Township official towers in the rotation list that do possess the necessary special equipment to tow such disabled, damaged or impounded vehicle. No official tower shall subcontract or assign any work that is to be performed by the official tower under the provisions of this section.

At the request of the Fire Chief or his designee, another tower on the list, may be called to assist with the recovery if the on-call tower does not have the specialized equipment. (air bags, struts, etc.) Should this occur, the on-call tower will be the primary tow operator, with the secondary assisting in the process.

§ 4-2.4 Application for Official Tower License.

[Ord. No. 1769; Ord. No. 2016-1792 § 1; amended 8-11-2022 by Ord. No. 1980]

Application for an official tower license shall be made to the Council of the Township of Mahwah upon a form provided by the Township Clerk and shall contain all of the following information:

The name, business address, including the principal place of business verified by the State of New Jersey Division of Taxation and the address of the location that is to be licensed pursuant to this section, telephone number and federal tax identification number (where applicable). When the official tower is owned and operated by an individual, the name, social security number, residential and business addresses and telephone number(s) of such individual shall be provided. When the official tower is a corporation or partnership, the application shall contain the names, residences, telephone numbers, date of birth and social security number of all persons owning any interest in the official tower. Principal place of business verified by the State of New Jersey Division of Taxation.

In the event that the official tower is conducting business operating under a trade or business name, the applicant shall submit a certificate of such name as proof that such name has been appropriately filed with the County Clerk's Office of Bergen County and/or with the Secretary of State of the State of New Jersey.

Any such information as may be required by the Council (or designee), concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance.

A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided. If insurance expires within 30 days of issuance of license, a renewal policy or certificate from insurance agent must be included.

A fee of $1,000 to cover the administrative expenses incurred by the Township in processing the application and an additional fee of $100 for each vehicle for which an identifying decal is issued. Application fees must be included in full with the application and are nonrefundable.

The names and addresses of two business references not in the employ of the Township who have known the applicant for at least two years and who can attest to the applicant's experience and performance in the towing, wrecking and storage business.

Vehicles.

All towing vehicles must be listed on the application, including the make and model number, year of vehicle and vehicle identification number (VIN) and any and all other information that the Council may deem necessary.

No vehicle may be listed on more than one application, nor can there be a transfer of vehicles between towers.

All vehicles MUST be operational and be able to satisfactorily pass a DOT inspection at time of application.

A complete list, including dates of service, of all other municipalities, state agencies and/or governmental entities that the applicant is, or has been, an official tower of or held a towing permit from. No person applying individually shall be eligible for approval or appointment as an official tower of the Township of Mahwah unless that person shall have been an official municipal tower with a minimum of three years' experience in municipal towing in any municipality of the State of New Jersey. No corporation or partnership shall be eligible for approval or appointment as an official tower of the Township of Mahwah unless that business entity shall have been an official municipal tower with a minimum of five years' experience in municipal towing in any municipality of the State of New Jersey including a minimum of two years' experience in municipal towing in any municipality in the County of Bergen, State of New Jersey.

A complete list of all actions taken against the applicant by a governmental entity for the applicant's alleged violation of any towing ordinance or regulation while towing as a licensed or permitted tower for that governmental entity. If the applicant's towing license or permit has been revoked, suspended or denied, the applicant shall list each time, what governmental entity was involved and a brief description of the event(s) that led up to the revocation, suspension and/or denial of a towing license or permit.

If the applicant is an official tower in any other jurisdiction the applicant must submit the rotational list from these jurisdictions. As an official tower for the Township of Mahwah the Township shall receive priority treatment when in capacity of the on-call tower for the Township.

No license shall be granted to a tower unless and until the tower seeking the license has appointed the Township Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.

Suspension or revocation of a license, and/or the prior denial of an application affecting the applicant, from this municipality or any county or State agency granting such license may be cause for denial of a license under this section.

At the expense of the applicant, the applicant shall also cause each of its drivers to have a background check performed at a State-approved facility prior to that driver performing any towing services in the Township. Copies of the results of the background check shall be submitted to the Chief of Police on an annual basis of each calendar year. Fingerprint results are to be submitted with the application. Failure to provide results will result in the application being denied.

Upon receipt of a completed application, the Township Clerk shall forward a copy to the Chief of Police or his designee for his review and recommendation. The review by the Chief of Police or his designee shall consist of the following: An inspection of the personnel, vehicles, equipment and storage areas proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this chapter.

FAILURE TO SUBMIT A COMPLETE APPLICATION WILL RESULT IN THE APPLICATION BEING DENIED.

An applicant may be included on the official towers list by an official action of the Mayor and Council, by resolution adopted at a combined work session and public meeting, when, from a consideration of the application and from such other information as may be obtained, the Mayor and Council find that all of the following circumstances exist:

The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.

The applicant has met the standards in this section and has furnished the required hold harmless agreement and certificate(s) of insurance.

The application has been reviewed and the Chief of Police or his designee has submitted a favorable report.

Background check; disqualification.

No principal, shareholder employee, or agent of the applicant shall have been convicted within the last seven years of any indictable offense or any offense involving stolen or embezzled vehicles, fraud relating to the towing business, stolen property, or any other offense of similar nature.

Applicant hereby agrees that it will supply the Township any information, and will execute or have executed at the Township's request any document(s) necessary to enable a criminal background check to be performed on its principals, shareholders and/or employees and to have that information provided to the Township. Applicant further agrees to insure that, upon the Township's request, the necessary process is undertaken and completed. If it is determined by the Township that a principal within applicant's company/corporation or any employee or shareholder of applicant's corporation shall have criminal record information existing on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the division of State Police that violates the terms set forth below, the applicant will immediately be given notice and five days to take appropriate action as set forth by the Township. In the event that the Township requests that a principal/employee be disqualified from employment because of the reasons set forth herein, applicant agrees to be bound by and conform to this request. Applicant understands and further agrees that failure to take the action set forth by the Township will preclude the applicant being considered and/or will constitute a material breach of the license and may result in suspension or termination.

As used herein, shareholder means any owner or person in control of 10% or more of the shares of the corporation which is submitting the application. The Township reserves the right to request this information and perform background checks as it deems necessary throughout the license term.

Disqualification will be warranted if the criminal history check reveals a conviction:

(1)

In New Jersey, of any crime or disorderly persons offense:

[a]

Involving danger to a person pursuant to N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:24-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A. 2C:15-1 et seq.; or

[b]

Against the family, children or incompetents, pursuant to N.J.S.A. 2C:24-1 et seq.; or

[c]

Involving a violation of any nature regarding work on any contract with the State, any State agency or any county or municipality for the provision of services similar to the services to be provided by this license. In any other state or jurisdiction, for conduct which, if committed in New Jersey, would constitute any of the crimes or offenses included in paragraph f4(c)(1) of this subsection.

Notwithstanding the above provisions, a principal/employee shall not be disqualified hereunder on the basis of any conviction disclosed by a criminal history record check, upon the recommendation of the Chief of Police, if the individual has affirmatively demonstrated to the Township clear and convincing evidence of his rehabilitation.

In determining whether an individual has affirmatively demonstrated rehabilitation, the Township shall consider:

The nature and responsibility of the individual's prospective position;

The nature and seriousness of the offense;

The circumstances under which the offense occurred;

The date of the offense;

The age of the principal/employee when the offense was committed;

(f)

Whether the offense was repeated;

(g)

Social conditions which may have contributed to the offense; and

(h)

Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional, academic or vocational education, successful participation in correctional work-release programs, or the recommendation of persons who have supervised the principal/employee.

The Chief of Police or his designee shall conduct his or her review and render a report to the Council recommending either the approval or denial of the application within 60 days of receipt of the application from the Township Clerk. The Council shall take action by resolution with regard to the report of the Chief of Police within 30 days or at the next combined work session/public meeting of the Council, whichever is later. The applicant or its representative shall be given notice of the date on which the Council will consider the application and shall be permitted to appear and be heard at that time.

Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Council.

§ 4-2.5 Issuance of License.

[Ord. No. 1769; Ord. No. 2016-1792 § 2; amended 8-11-2022 by Ord. No. 1980]

Upon approval of the application as herein provided, the Township Clerk of Mahwah shall issue for the applicant an official tower's license for each tow vehicle or flatbed vehicle to be utilized in providing services pursuant to this section by submitting such to the Chief of Police or designee for issuance to the official tower(s).

Said licenses and identifying decal is to be affixed by the Chief of Police or his designee at police headquarters, which shall be in a form so approved by the Mayor and Council, and shall be displayed on the tow vehicle or flatbed vehicle at all times.

Expiration; Renewal; Revocation.

Each official tower's license shall be in effect for a period of two years and shall expire on March 31 of the second year from issuance. The commencement date of the license shall be April 1 of the year of its issuance. Each applicant for an official tower's license shall apply for such license on or before January 1 of the year prior to the expiration of the existing license. The license shall not be transferable or assigned and may be subject to revocation by the Council for any of the following reasons:

If it is subsequently determined that the applicant knowingly and with intent to deceive made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.

Violation of any Federal or State law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.

Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.

Violation of any of the provisions of this section.

No license shall be issued for less than a full year nor should a license be issued at any other time than the period set forth above.

Upon the expiration of an official tower's license, the applicant, prior to performing any service thereafter, shall refile completely for such official tower's license, setting forth all the information required in the form provided by the Municipal Clerk and complying with the provisions of this section.

§ 4-2.6 Minimum Standards of Performance.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

To qualify for inclusion on the list of official towers, applicants must meet the following minimum standards:

Minimum Vehicle Requirements.

Every official tower shall maintain and have available to render services required by this section a minimum of one regular tow vehicle with wheel lift, two flatbed vehicles, one medium-duty towing vehicle of at least 15,000 pounds gross vehicle weight and one heavy-duty towing vehicle of at least 35,000 pounds gross vehicle weight. In lieu of a medium-duty towing vehicle, the tower may substitute an additional heavy-duty towing vehicle in its place. Registration documents shall be shown to the Township certifying registration is the same or better than the gross vehicle weight (GVW) of the vehicle, as plated on the vehicle. No vehicle shall be listed on more than one application for a towing license.

Vehicle Classes.

Heavy-duty tow vehicles of 35,000 pounds gross vehicle weight or more must be equipped with a boom with a 20 ton minimum boom rating or winch assembly mounted on the chassis, a tow sling or tow bar and a wheel lift assembly or underreach. The winch assembly must have 100 feet of at least five-eighths-inch steel cable attached to a motor-driven winch.

Flatbed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate the transporting of vehicles.

Each applicant shall submit, along with its application, proof of ownership or lease of the vehicles, which will be utilized to provide services pursuant to this section. The provisions of subsection 4-2.4a7 of this section shall apply.

Minimum Equipment and Reporting Requirements.

Every tow vehicle or flatbed vehicle shall have two-way radio or cellular phone capability with a dispatching center on a twenty-four-hour basis.

Every tow vehicle or flatbed vehicle shall be equipped with the following:

At least three advanced warning devices or flares of a type to be visible for a distance of not less than 1,000 feet from the disabled vehicle.

Approved warning lights/devices, brake and light connections for towed vehicle and safety chains. Flashing amber light bars must be used at all times while servicing the vehicle and be visible for a distance of not less than 1,000 feet from the disabled vehicle. An Amber Light Permit as required by State law must be acquired by the applicant, and submitted with application.

Extra chains and cable for pulling or securing a towed vehicle.

At least one heavy-duty broom, a shovel, a crowbar or pry bar, a set of jumper cables, a flashlight, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, at least 10 pounds of dry sand or a drying compound for gasoline and oil spilled on the roadway and containers for removal thereof and a sufficient quantity and types of tools to enable the tow vehicle operator to perform proper and adequate emergency repair services for the tow.

Safety vests must be worn by tow personnel when they are performing services on the roadways. In accordance with the following specifications, Safety Vests shall meet the ANSI Specifications for American National Standard for High Visibility Safety Apparel. The vest shall have a minimum background area of 0.5m² (775 in²) material of either fluorescent yellow/green, fluorescent orange/red, or fluorescent red in color and a minimum of 0.13m² (201 in²) retroreflective materials in a contrasting fluorescent color red, orange/red, or yellow/green. The retroreflective material shall have contiguous areas encircling the torso, placed in such a manner to provide 360° of visibility.

Every tow vehicle or flatbed vehicle shall comply with any and all State, Federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Chief of Police or his designee at any time. All inspections shall be scheduled by the Police Department and performed at Police Headquarters, 221 Franklin Turnpike, Mahwah, New Jersey. Where applicable, all permits required by other agencies than the Township shall be provided to the Township upon request of the Township.

Every tow vehicle or flatbed vehicle shall display the official tower's decal and shall have the name of the official tower, by a permanently affixed or painted sign prominently displayed on the vehicle in such manner so as to conform to the provisions of N.J.S.A. 39:4-46. Such demarcations shall be placed on the outside door panels of the vehicle. The sign shall be at least three inches in height and diameter, be visible to the naked eye and the names must be the same on both panels.

Within 10 calendar days of the expiration of each rotation period, the official tower shall submit to the Chief of Police or his designee, a copy of all of the invoices for services rendered to any owner or operator of a damaged or disabled vehicle on a form of invoice provided by the Township. The invoice shall be a four part copy to be distributed as follows:

One to applicant/official tower;

One to the customer;

One to Township Clerk;

One to Police Officer when vehicle is towed from scene.

In the absence of a Township form, the official tower will submit the bills which state: the name and address of the person towed; the make and model of the vehicle towed; plate number; and, the in date of the tow and the out date of the tow. Only fees applicable in this section shall appear on said invoice, and there shall be only one invoice per vehicle towed.

Minimum Personnel Requirements. Official towers shall have available, at all times, a minimum of two drivers to provide the services required by this section. All drivers employed by official towers to provide the services required by this section shall meet the following requirements and be subject to the following regulations. They shall:

Be competent and able to provide minimum road services for disabled vehicles.

All drivers of vehicles over 26,000 pounds are required to have a commercial driver's license (CDL) by the State of New Jersey and/or Federal regulations are required to furnish such license for the purpose of this section.

Obey all traffic laws and regulations.

Not have been convicted of 1st, 2nd, or 3rd degree crime in the State of New Jersey or the equivalent felony of any other state within the past two years.

All drivers who do not possess a CDL must submit to random drug testing two times each year at the expense of the applicant or driver at the discretion of the Chief of Police.

Each licensee shall have a recovery specialist with Level 3 certification from the Towing and Recovery Association of America (TRAA), or equivalent certification from Wreckmaster or other nationally recognized training organization. This certificate is to be included with the initial application. This recovery specialist shall be on-scene for any heavy duty recovery.

Minimum Storage Requirements.

Every official tower shall maintain an inside building and outside secured storage area "Licensed Site" meeting the following requirements:

All official towers must have sufficient storage area on their own premises to store towed vehicles at the licensed site. This area must be over and above the requirement that is in effect for parking for the site. No vertical stacking of vehicles is permitted. Each tow vehicle must be stored at the official tower's licensed site. A driver must be on call at the licensed site to respond to a call for towing during the tower's rotation. Official towers located within the Township cannot store vehicles on the thoroughfares of the Township, whether under the auspices of the Township, County of Bergen or State of New Jersey without Township approval. Storage of vehicles on the thoroughfares of other municipalities wherein Township towers are located is subject to the requirements of those municipalities.

The location of the storage area shall be located within the limits of the Township or must be within five miles from the border of the Township. Vehicles cannot be stored in New York State. Lettering on yard location must be a minimum of 10 inches tall, visible from the roadway. The sign must be properly affixed to fence structure or building; plastic ties are unacceptable.

The storage area shall have appropriate signage subject to the following minimum requirements:

(1)

Name of towing company.

(2)

Letters 10 inches in height.

(3)

Visible from the roadway where located.

(4)

Properly affixed to building or fence with proper hardware.

The storage area shall be fenced with fencing at a minimum of six feet in height. The fenced area shall be no less than 5,000 square feet in area dedicated solely to the operation of the tow company at the licensed site. No other business or tow company shall use the storage area designated. The storage area shall have a suitable gate and be installed with a locking device or a similar on-site security measure. The facility is to be lighted at night.

A certificate of occupancy must be furnished with the application indicating that the licensed site is legally zoned for towing and storage of vehicles or is subject to land use approval permitting such use in accordance with the requirements set forth herein.

(f)

The storage facility shall be available from at least 8:00 a.m. until 6:00 p.m. Monday through Friday and from at least 8:00 a.m. to 1:00 p.m. on Saturday. The applicant shall prominently display the hours with proper signage during which the facility will be open. The storage area must have a building wherein a permanently installed telephone is located and the building must be sufficiently staffed and equipped to allow for the prompt intake and release of vehicles. The building shall be within sight distance and/or within 500 feet of the entrance of the storage area. On the application for a towing license, the applicant shall list all business hours required pursuant to the subsection for the calendar year of the license in question, which shall not be changed during the calendar year. The building must be staffed during times of operation and at a minimum while on towing rotation and three days thereafter.

(g)

The official tower shall not charge any additional fee or other charge for releasing vehicles to their owners after normal business hours or on weekends or for moving a vehicle from one location to another in the storage area.

(h)

The applicant shall, with its application, submit proof of ownership or a complete copy of the lease of the storage area.

(i)

The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this section. The official tower shall be liable for any damage incurred by such vehicles while in transit to or while stored in the storage areas.

(j)

Towing rates must be displayed prominently at the licensed site. Rate cards shall be provided by the Township for vehicles and personnel.

(k)

All storage of vehicles shall be at the licensed site.

(l)

Inside storage shall be capable of storing no less than two vehicles with each having an overall length of 245 inches long by 96 inches wide per license.

To ensure the timely release of a vehicle, the tower shall release a vehicle to the owner/occupier of the vehicle no later than one hour from the vehicle's arrival at the tower's facility or within one hour of being contacted by the owner/occupier of the vehicle that he/she wishes to take possession of said vehicle during regular business hours. A tow receipt containing an itemization of all fees must be provided for every transaction.

Credit Cards. All official towers must have the ability to receive credit card payment and will accept same for payment without additional charge, of all towing and storage services included, specifically or by reference, in this section.

§ 4-2.7 Utilization of List of Official Towers.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

Official towers shall be placed on the list once their application is approved and license issued. Once the initial list has been established, new official towers, when their applications have been approved, will be added to the list. The towing rotation shall be determined by the Police Department.

The Township shall request wrecking, towing and storage services from each official tower in rotation. The rotation period shall be for a period of one week commencing at Wednesday at midnight and ending the following Tuesday at 11:59 p.m. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. The tower called shall not be permitted to subcontract any wrecking, towing or storage services being requested. If no tower vehicle is available or if the response time will exceed 20 minutes, the next official tower on the list shall be called. If none of the official towers are available or able to provide such services as are requested by the Township, the Township may request such services from any other available source. All requests shall be made by the Chief of Police or his designee.

The Township shall request service only from official towers; provided, however, that if no emergency or road hazard exists, the Chief of Police or his designee shall request such service from such other person as the owner of the motor vehicle in need of such services may request, provided that the request is responded to within 30 minutes.

During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the Township over any other requests which may be received by the official towers.

§ 4-2.8 Hold Harmless Agreement.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

Applicants shall agree, in writing, to assume the defense of and indemnify and hold harmless the Township, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims to which the Township may be subject to any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provision of towing, wrecking, storage and/or emergency services provided at the request of this Township pursuant to this section.

Official towers shall enter into a hold harmless agreement in a form to be prepared by the Attorney for the Township prior to being included on the official towers list.

§ 4-2.9 Insurance.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

An official tower shall maintain, during the life of its license, insurance policies of the type and with the minimum limits indicated below and in a form satisfactory to the Township. An official tower shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the Township with initial application. All policies and/or certificates shall be submitted to the Township risk management consultant for review and approval.

Garage Liability Insurance. Limit of liability shall not be less than $1,000,000 combined single limit (bodily injury and property damage) per occurrence including premises operations and products/completed operations.

Automobile liability insurance; general property damage and liability insurance.

Automobile Liability Insurance. Limit of liability shall not be less than $1,000,000 combined single limit (bodily injury and property damage) per occurrence.

General Property Damage and Liability Insurance. Limit of liability shall not be less than $1,000,000 combined single units.

Garagekeeper's Insurance. Physical damage insurance policies shall be specifically endorsed to provide direct primary insurance, where applicable, for vehicles in tow, possession of, or storage on property owned or controlled by the tower. Limit of said coverage shall be not less than $500,000.

Excess Umbrella Insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the $1,000,000 garage, auto liability coverage and general property damage and liability coverage.

On all liability policies, the Township shall be added as an additional insured, and insurance policies and/or certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the Township.

Workers' Compensation Insurance. New Jersey statutory coverage, including employer's liability coverage.

An official tower shall indemnify the Township and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of an act or omission of the official tower, its agents or employees in or due to the execution of the work called for under the contract.

Certified copies of all insurance policies provided above or certificates thereof satisfactory to the Township of Mahwah shall be provided with the application. Each such policy or certificate shall contain a provision that it is not subject to material change, cancellation or nonrenewal unless 30 days' prior written notice via certified mail/return receipt shall have been given to the Township of Mahwah by the tower's insurer. All insurance policies or certificates must be received 30 days prior to commencement of any work.

The providing of any insurance required herein does not relieve an official tower of any of the responsibilities or obligations assumed by the official tower for which the tower may be liable by law or otherwise.

If any policies contain deductible or co-payments, it shall be the responsibility of the official tower to pay such sums at the same time a claim is settled by the official tower's insurance company.

If any policies contain limits of liability with an aggregate limit, the official tower or official tower's insurance company shall provide the Township quarterly during the policy period a statement evidencing the limits of liability required under the contract to be in force.

Policies of insurance required by this section shall be maintained in full force and effect at all times. In the event that any coverage is cancelled, terminated or coverage decreased in amount, same shall constitute a material breach of the license and the tower shall be immediately removed from the official towers list until such time as required coverage is reinstated.

All policies shall be written by either a company licensed to do business in the State of New Jersey or a New Jersey eligible Surplus Lines Company, with a minimum Best rating A-VII (A minus seven). Same shall be written on an ISO (Insurance Services Office) form or better.

Failure to maintain or comply with insurance requirements will result in immediate suspension, and forfeiture of one rotation period. The certificate or certificates and declaration pages shall provide that the policies shall not be changed or cancelled until 30 days' prior written notice has been given to the Township.

§ 4-2.10 Towing and Storage Fee Schedule.

[Ord. No. 1769; Ord. No. 2016-1792 § 3; amended 8-11-2022 by Ord. No. 1980]

All charges shall be limited to the New Jersey State Police Rates published at the Garden State Towing Association website at http://gsta.org, except for any type of motorcycles or on-/off-road vehicles as set forth at subsection 4-2.10b.

Motorcycles and all other on-/off-road vehicles shall be charged $225 plus the rate of one additional certified towing operator. Any other objects not covered herein, which are towed by an official tower at the request of the Township, shall be subject to fees as determined by the Chief of Police or his designee.

There will be no charge for towing any Mahwah Township Vehicles.

In the event that that the Mahwah Police Department tows a vehicle to Police Headquarters or a designated location for investigative purposes, the fee for towing said vehicle will be deducted from the monthly administrative fees sent to the Township. There shall be a maximum of four vehicles towed per authorized tower per year under this area.

In addition to the fees set forth herein, each vehicle towed shall be subject to an administrative fee of $25. The administrative fee is included in the charges set forth below and shall be remitted to the Township of Mahwah within 30 days. Any resident of the Township of Mahwah may request a refund of the administrative fee by application available from the Township Clerk.

Fees for towing and storage of Light Duty vehicles damaged in an accident or recovered after being stolen may not exceed the fees established by the New Jersey Department of Insurance pursuant to N.J.S.A. 40:48-2.55. Those towing and storage fees which are set forth in N.J.A.C. 11:3-38.1, as amended and supplemented, are incorporated herein by reference. Pursuant to law, the fee schedules shall be reviewed by the New Jersey State Commissioner of Insurance on an annual basis and may be revised if necessary. In the event that the schedules are revised by the New Jersey State Commissioner of Insurance, the revised fees shall be the maximum fees that may be charged by official towers, and this section shall be deemed amended accordingly.

Calculation of Rates and Fees.

Tow vehicles transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported.

No storage of any disabled or damaged vehicle shall be located on any public street or sidewalk in the Township.

The official tower will be responsible to perform necessary clean up from an accident or removal scene where required. Said cleanup will include sweeping the roadway and removing all glass, debris, plastic, and/or other parts and shall include the drying and removal of any oil, gas, or other materials, including those used for cleanup, from the scene, on the roadway, or in the vicinity. The cost of labor and materials (first bag of Speedy-Dri) as well as any necessary disposal of roadway debris is included in the towing fee. There is no additional charge for these services.

There shall be no charge for towing, storage, or impoundment if it is determined by the Chief of Police that such vehicles have been towed, stored, or impounded due to an error by the towing operator or the Police. The determination shall be in the sole discretion of the Police Chief and is binding upon the licensee, who shall make no claims against the Township or owner of the vehicle.

If the owner of an unattended vehicle appears on the scene and the vehicle does not need to be towed or impounded, the licensee shall not charge for the service call unless the vehicle has been hooked up to the tow truck in which event 50% of the authorized towing charge may be assessed against the owner or driver of the vehicle.

Waiting time fees may be charged at the rate of 50% of the recovery rate for waiting at scene for investigation or other reasons. The first 60 minutes shall be at no charge with $25 per 15 minutes thereafter. The time shall be determined from notification by the Police Desk.

Any vehicle subject to impound by the Mahwah Police no matter the circumstances is subject to the impound fees.

All fees charged by an official tower shall be paid in cash or by credit card. The official tower has the discretion to accept other means of payment, but is required to accept cash or credit cards for services provided.

§ 4-2.11 Miscellaneous Provisions.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

Copies of this section and the schedule of fees that may be charged by official towers shall be made available to the public during normal business hours at the Township Hall. Copies shall also be made available to the public at each official tower's place of business.

All official towers shall post, in a prominent place at each storage area clearly visible to the public, a schedule of fees that may be charged for all services, provided that the same is pursuant to this section.

The Township reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.

The relationship between an official tower and the Township is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the official towers list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement.

The Township shall not be liable or responsible for compensating the official towers for any of the services performed under this section unless those services are performed for Township vehicles. Compensation shall be the responsibility of the owner of the towed motor vehicle and the official tower shall proceed directly against the owner.

The official tower shall, at all times, be solely responsible for the conduct of its employees.

Each official tower shall keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected. All records shall be available for inspection by the Township at any time during normal business hours. Records shall be kept and maintained by the official tower at one central location and shall be retained for a period of seven years. Records may be written, printed or computerized as long as the requirements of this subsection are met.

§ 4-2.12 Enforcement Agency; Suspension or Revocation of License.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

The Mahwah Police Department shall be the enforcement agency. The enforcement agency shall have the authority to hear complaints against any official tower whether brought by Township representatives, the public and/or other official towers. Any and all complaints lodged against a towing agent in the Township by another towing agent shall be put in writing. The complaint will be forwarded to the Township Clerk who will forward a copy to the Police Department. The Police Chief or his designee will have 15 business days to respond in writing to the complaint. A copy of the response shall be provided to the Township Clerk.

The enforcement agency shall have the power to issue subpoenas to compel attendance at the hearing.

In the event that a complaint (of a noncriminal nature) is received by the Township, involving the improper or unsatisfactory performance of services by an official tower, excessive charges or damage to a motor vehicle while in the custody of the tower, the enforcement agency shall give written notice of said complaint, by certified mail, return receipt requested to the official tower against whom the complaint is made. The official tower shall make a written response to such complaint within five calendar days from receipt of the written notice. Copies of the notice of complaint and written response shall be provided to the Township Clerk.

The enforcement agency after hearing the matter shall have the authority to (1) for the first violation, immediately suspend the official tower's license until the next rotation; (2) suspend the official tower's license for a period of 90 days for the second or third violation; and (3) revoke the offending tower's license for more than three violations. A copy of the determination by the enforcement agency shall be provided to the Township Clerk. Any contestation of such action by the enforcement agency shall be made by way of appeal to the Council within 14 calendar days of the notice of said suspension or revocation. The Council shall then conduct a hearing regarding the appeal of the suspension or revocation at the next public Council meeting or within 30 calendar days of the tower's notice of appeal. Any suspension will be for the remainder of the tow week, and at a minimum the following rotation.

If, after considering the matter and the findings by the enforcement agency, the Council shall determine that there is good and sufficient cause for suspension or revocation of the official tower's license, the tower shall surrender said license to the Township Clerk within one calendar day.

Failure to surrender the license upon suspension or revocation shall constitute a violation of this section, subject to all legal action available to the Township, including permanent removal from the official towers list.

Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against an official tower in a court of competent jurisdiction. Upon the second suspension within one towing term, said towing agent shall be revoked for the remainder of the term.

§ 4-2.13 Violations and Penalties.

[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]

Any person, firm or corporation who shall violate any of the provisions of this section shall, in addition to the penalties established in subsection 4-2.12 herein, upon conviction, shall be subject to the provisions of the general penalty clause set forth in Section 1-5 of this Code. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

In addition to the fine provided above, a violation of any of the provisions of this section shall be cause for revocation of the official towers' license.

§ 4-3 PEDDLING, SOLICITING AND CANVASSING. [1]

Editor's Note: Prior ordinance history: 1976 Code §§ 130-1 — 130-10; Ordinance Nos. 336, 1144.

§ 4-3.1 Purpose.

[Ord. No. 2017-1814]

The purpose of this section is to prevent fraud, crime, undue public annoyance and unethical and dishonest solicitation and canvassing practices within the Township of Mahwah. All application fees to be charged for the issuance of permits are not to be considered as revenue, but are charges for the purpose of covering the expenses of administering this section.

§ 4-3.2 Definitions.

[Ord. No. 2017-1814]

INDIVIDUAL

Shall mean any natural person.

MERCHANDISE

Shall mean all goods, wares, food, drinks, fruits, vegetables, magazines, subscription, periodicals, printed material, farm products, and all type of articles of personal property, services and orders for contracts for services, home improvements or alterations, and anything that may be sold or distributed shall be considered "merchandise" for the purposes of this section.

NONPROFIT ORGANIZATION

Shall mean (1) any nonprofit charitable, religious, fraternal, social, civic or veteran organization, service club, or other organization qualified under 501(c)(3) of the Internal Revenue Code, or any volunteer fire or first aid company serving the Township of Mahwah; or (2) any nonprofit organization (whether or not qualified under 501(c)(3) of the Internal Revenue Code), located in the Township of Mahwah, the primary purpose of which is to benefit the school age children of the Township of Mahwah, including but not limited to, schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts and similar youth groups.

PEDDLER

Shall mean any person, whether a resident of the Township of Mahwah or not, who goes from house to house or place to place by any means of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The term peddler shall include the words hawker and huckster and shall also include a person who from time to time offers merchandise for sale from one or more fixed locations out of doors, when the merchandise is displayed or stored in a motor vehicle located on the property, whether the property is owned by that person or by others.

Shall mean and include any natural person, firm, partnership, corporation, organization, club or association or any principal or agent there.

SOLICITOR

Shall mean an individual who goes from house to house or from place to place by any means of conveyance, soliciting or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location or any street or any public place. The word solicitor shall also mean any individual who goes from house to house or from place to place for the purpose of obtaining contributions or subscriptions, or who does research analyses, makes surveys or opinion polls, obtains rating date or similar information, distributes advertisements or handbills of a commercial or partially commercial nature or who engages in any similar work which involves a door to door or place to place activity. The word solicitor shall also include the word canvasser.

TRANSIENT MERCHANT

Shall mean any person who merchandises or sells with the intent to close out or discontinue a business within a period of one year from the date of commencement and occupies a room, building or other permanently constructed premises for the purpose of selling merchandise. The words transient merchant shall also include the words itinerant vendor.

§ 4-3.3 License Required.

[Ord. No. 2017-1814]

It shall be unlawful for any peddler, solicitor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Township without first obtaining a license from the Chief of Police by filing an application for license, paying a license fee and obtaining said license.

§ 4-3.4 Effect of License.

[Ord. No. 2017-1814]

Upon obtaining a license as hereinafter provided, a peddler, solicitor or transient merchant may conduct his activities within the Township only as long as he adheres to the regulations set forth in this section and carries the license upon his person or displays the license in a conspicuous place at all times during the conduct of this activities. The license shall identify the person and type of activity for which he is licensed and shall be shown to any Township Official, or Police Officer or any individual upon request.

§ 4-3.5 Application for License.

[Ord. No. 2017-1814]

An application for license shall be made upon forms provided by the Township, including a New Jersey State Bureau of Identification Form authorizing release of any criminal history record information. The applicant shall also be required to go online to the New Jersey State Police website to request a fingerprint check. The cost of the fingerprint check shall be borne by the applicant. The applicant may submit, in lieu of a criminal history record form, a criminal history based upon fingerprints required in the past three months preceding to this application which shall be filed with the Mahwah Police Department and shall contain or be accompanied by the following information:

For Solicitors and Peddlers:

Name, age, physical description and Social Security or Federal I.D. Number of the applicant.

Complete permanent home and local address of applicant together with telephone numbers.

Name and address of the organization or persons for whom canvassing or soliciting is being made together with telephone numbers.

Description of the nature of business or activity and the goods, services or wares to be sold.

Two recent photographs of the applicant which shall be approximately 2 1/2 by 2 1/2 inches in size and showing the head and shoulders of the applicant in a clear and distinguishing manner.

The days and dates upon which canvassing or soliciting is to take place.

A statement as to whether or not the applicant has been convicted of a crime of the fourth degree or higher, a disorderly persons offense, a petty disorderly persons offense, or a moving motor vehicle offense, and if so, the details thereof.

The make, model, year, color and license plate number of such vehicle used by the applicant during the period of canvassing or soliciting within the Township and the number of applicant's drivers license and the State in which it is issued.

The name and address of the insurance carrier and insurance policy number with respect to such vehicle or vehicles.

A list of municipalities where the applicant has ever engaged in the activities of canvassing, peddling or soliciting, whether or not a permit was applied for or received in connection therewith.

A statement as to whether or not the applicant has been denied a canvassing, peddling or soliciting permit and whether such permit or licensee has ever been revoked.

If the applicant is not an individual, the State in which it is registered or incorporated, and the name and address of the registered agent.

If the person applying is unable to provide any of the foregoing information, an explanation shall be provided of the reasons why such information is unavailable.

Applications of corporations, partnerships or other entities shall have attached to their applications individual statements containing all of the information required by this subsection as to each employee or agent who shall engage in the licensed activity; said statements shall be signed and sworn to by each employee or agent and shall be treated, for investigation purposes, as separate applications to engage in a licensed activity. Applications by partnerships, corporations or other entities shall be signed by an authorized representative of the corporation, partnership or entity.

15.

All applicants shall submit the original or a certified copy of a valid Certificate of Authority issued by the Director of the New Jersey Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the vendor to collect sales tax. Certificates shall not be required for the sale of property exempted from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2. All vendors shall attach the original Certificate to their cart, stand, truck or other merchandising device, as required by N.J.S.A. 54:32B-15.

16.

All applicants selling food items shall submit a copy of the Board of Health license.

For Transient Merchants:

Name, age, physical description and Social Security or Federal I.D. Number of the applicant.

Complete permanent home and local address of applicant together with telephone numbers.

Description of the nature of the business or activity including the average quantity, kind and value of the property to be sold.

Two recent photographs of the applicant which shall be approximately 2 1/2 by 2 1/2 inches in size and showing the head and shoulders of the applicant in a clear and distinguishing manner.

The dates during which the business is to be conducted.

The name and addresses of the persons from whom the goods making up the stock were or are to be purchased by the applicant.

A list of municipalities where the applicant has ever engaged in transient merchandising, whether or not a permit was applied for or received in connection therewith.

A statement as to whether the applicant has ever been denied or had revoked a transient merchant's license or permit.

An instrument in accordance with N.J.S.A. 45:24-6 appointing the Chief of Police as the applicant's true and lawful agent.

If the applicant is not an individual, the state in which it is registered or incorporated, and the name and address of the registered agent.

If the person applying is unable to provide any of the foregoing information, an explanation shall be provided of the reasons why such information is unavailable.

Applications of corporations, partnerships or other entities shall have attached thereto individual statements containing all of the information required by this subsection as to each employee or agent who shall engage in the licensed activity, and said statements shall be signed by each employee or agent. Applications by partnerships, corporations or other entities shall be signed by an authorized representative of the corporation, partnership or entity.

All transient merchants are subject to the statutory requirements set forth in N.J.S.A. 45:24-1 et seq., and shall be subject to the penalties set forth therein in the event of a failure to comply with any of said requirements.

15.

16.

All applicants selling food items for immediate consumption shall submit a copy of the Board of Health license.

§ 4-3.6 Approval or Rejection of Application.

[Ord. No. 2017-1814]

Following the filing of a complete application and payment of the license fee as set forth in subsection 4-3.11 to the Chief of Police, who shall conduct such investigation of the applicant, which may include fingerprinting and background checks of the business responsibility and character of the applicant or any employee or agent who shall engage in the licensed activity, for the protection of the public good.

If, as a result of such investigation, the character of business responsibility of the applicant or any employee or agent who shall engage in the licensed activity is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and the reasons therefor. The Chief may disapprove an application if such a disapproval is based on one or more of the following findings with respect to the applicant:

Conviction of a crime of the fourth degree or higher, a disorderly persons offense, a petty disorderly persons offense, or a moving motor vehicle offense.

Previous fraudulent acts or conduct.

Records of breaches of solicitation contracts.

Fraud, misrepresentation or false statements contained in the application for license.

In the absence of such findings, the Chief of Police shall find the applicant satisfactory and shall endorse his approval on the application.

The Township Council reserves the right to adopt such rules and regulations governing the investigation by the Police Department in the issuance of licenses pursuant to this section and the keeping of records thereof as the Township Council may deem necessary for the proper enforcement of this section.

§ 4-3.7 Denial or Issuance of License.

[Ord. No. 2017-1814]

If the applicant or any employee or agent who shall engage in the licensed activity is found unsatisfactory by the Chief of Police, and he endorses his disapproval upon the application, he shall notify the applicant by mail that the application is disapproved and shall deny issuance of the license. Such notice shall be mailed within five working days following the endorsement of disapproval by the Chief of Police.

If the application is found to be satisfactory by the Chief of Police, the Chief of Police shall issue a license addressed to the applicant to conduct the business applied for. The license shall expire December 31st of the calendar year in which it is issued unless, by its terms, it expires prior to that time, and shall be limited to the express purpose set forth therein.

If a license is issued, the applicant shall receive an identification tag from the Township Clerk. The identification tag shall be worn by the applicant in a conspicuous location while the applicant is engaged in a licensed activity.

§ 4-3.8 Revocation of License.

[Ord. No. 2017-1814]

Licenses may be revoked by the Chief of Police, or his designee, for any of the following causes:

Fraud, misrepresentation or false statements contained in the application for license.

Fraud, misrepresentation of false statement made in the course of carrying out activities pursuant to the license.

Violation of any provision of this section or violation of any Municipal Ordinance.

Conviction of a crime of the fourth degree or higher, a disorderly persons offense, a petty disorderly persons offense, or a moving motor vehicle offense.

Conduct of the business of peddling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or constitute a menace or disturbance to the residents of the Township.

Notice of revocation shall be personally communicated to the licensee, and thereafter it shall be unlawful for him or any of his employees or agents to sell, offer for sale or distribute merchandise or services in the Township.

§ 4-3.9 Appeal.

[Ord. No. 2017-1814]

Any person aggrieved by the action of the Chief of Police in the denial of an application for a license, or in the decision with reference to revocation of a license, shall have the right to appeal to the Township Council. Such appeal shall be taken by filing with the Township Clerk, within 14 days after notice of the action complained of, has been mailed to such person's last known address, a written statement setting forth fully the grounds for a hearing on such appeal. The Township Council shall set a time and place for hearing the appeal and a notice of the hearing shall be given to the applicant. The decision of the Township Council on the appeal shall be final and conclusive.

§ 4-3.10 General Regulations.

[Ord. No. 2017-1814]

It shall be unlawful for a person to:

Attempt to peddle or distribute merchandise or printed material, or solicit funds or canvass for information, without first having identified himself as a peddler, solicitor, transient merchant or canvasser registered with the Township and display the license issued therefor.

Have exclusive right to any location on public property.

Enter or attempt to enter the land of any resident in the Township where such resident has posted a legible and reasonably prominent notice prohibiting such entry.

Refuse to leave a private dwelling or property after having been once requested to do so by the owner or occupant hereof.

Distribute obscene merchandise or printed material that advocates unlawful conduct.

Litter the streets, public places or other property within the Township by any merchandise or printed material.

Station, place, set up or maintain a cart, wagon, motor vehicle or other vehicle, or allow it to remain on any sidewalk in a way that would:

Restrict, obstruct, interfere with or impede the pedestrians right-of-way;

Restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;

Create or become a nuisance;

Increase traffic congestion, cause or increase traffic delay or hazard;

Cause or create or constitute a danger to life, health or property.

Solicit or offer to sell except between the hours of 10:00 a.m. and sunset Sunday through Saturday. The foregoing limitation shall not apply to mobile food vendors or ice cream trucks which shall be allowed to conduct business seven days a week from 8:00 a.m. to 9:00 p.m.

(Reserved)

Peddle using a cart of the dimensions of which exceeds two feet in width, four feet in length and four feet in height including wheel height, while conducting business on any sidewalk.

Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of the peddler's cart.

Station, place, set up or maintain a peddler's cart or allow it to remain on any sidewalk if to do so would reduce the unobstructed pedestrian right-of-way.

Engage in the business of peddling within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.

Engage in the business of peddling on any sidewalk or along any street within 15 feet of any fire hydrant, crosswalk or driveway.

Station, place, set up or maintain a peddler's cart or goods against display windows of fixed location businesses, nor shall they be within 20 feet from an entranceway to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly.

Engage in the business of peddling on any sidewalk or along any street within 10 feet from intersecting streets or sidewalks.

Engage in the business of peddling within 30 feet of any location where another peddler is engaged in the business of peddling.

Engage in the business of selling at any location without giving a written receipt to each customer for any sale in excess of $20. The receipt shall show clearly the seller's name, business address, license number, a description of the merchandise sold, and the purchase price, and shall be sequentially numbered.

Engage in the business of peddling on any sidewalk or along any street within 90 feet of a bus stop. For purpose of this section, the words "bus stop" shall include the sidewalk and the adjoining street where there is a designated bus stop.

Sell food, drinks, ice cream, confections or other items for immediate consumption unless the peddler has available for public use his litter receptacle which shall be clearly marked and maintained for his patronage use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from the sales made by him, nor shall any person sell food, drinks, ice cream, confections or other food items for consumption without having first received any permit or license required by the Board of Health for food handling.

Leave any cart unattended at any time or place or leave the same overnight on any sidewalk.

§ 4-3.11 Application Fee Required.

[Ord. No. 2017-1814]

Each application shall be accompanied by an application fee of $100 for each individual solicitor or peddler, to compensate the Township of Mahwah for the cost of administering this section, and such fees shall not be refunded for any reason.

No license issued under this section shall be used at any time by any person other than the person to whom it was issued.

Where an organization has several agents peddling, soliciting, distributing merchandise or printed material or services, or canvassing, each agent shall pay the applicable application fee and shall be issued a separate license.

§ 4-3.12 Exemptions from Payment of Application Fee.

[Ord. No. 2017-1814]

The following persons are expressly exempt from the payment of any application fees:

Any solicitor for a nonprofit organization as defined in subsection 4-3.2 of this section.

Any person honorably discharged from the military service of the United States, in conformity with N.J.S.A. 45:24-9 and 24-10.

Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing corresponding identification, in conformity with said statute.

Any person holding a solicitation license or permit issued under any legislation of the United States government or by a State agency pursuant to statute.

§ 4-3.13 Persons or Activities Exempt from This Section.

[Ord. No. 2017-1814]

This section shall not affect any of the following persons or activities;

Any person engaged in campaigning for any elected public office or public question which is to be voted upon in the Township at a general, special, primary, or school board election; nor shall this section apply to the distribution of circulars or advertising with respect thereto.

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

Any nonprofit organization, as defined in subsection 4-3.2 of this section, engaged in the solicitation of funds for charitable purposes solely from its members.

Any person engaged in this solicitation of funds for a nonprofit organization, when solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the premises.

Federal census-taking and surveys taken pursuant to Federal, State or local laws.

Any public utility, or its employees, which is subject to the regulation of the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by the employer.

Children enrolled in public and private elementary and secondary schools in the Township of Mahwah, including children peddling or soliciting for schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts and similar youth groups.

Any person engaged in the solicitation of funds for a Township of Mahwah fire company, first aid squad or Police Department.

§ 4-3.14 Public Disclosure.

[Ord. No. 2017-1814]

All applications filed with the Chief of Police, whether or not a permit has been issued, shall be a public record and shall be available for public inspection during regular office hours.

§ 4-3.15 Penalties.

[Ord. No. 2017-1814]

Any person who shall solicit or peddle, or operate as a transient merchant within the Township in violation of any provision of this section shall be subject to the penalties provided for in Chapter 1, Section 1-5 of the Revised General Ordinances of the Township of Mahwah.

§ 4-3.16 Establishment of a No-Knock Registry.

[Ord. No. 2017-1814]

For the purpose of protecting residents from criminal activities and safeguarding their privacy, there is hereby established a No-Knock Registry of properties where canvassing and soliciting are prohibited. The No-Knock Registry shall be maintained by the Township Clerk.

The Township Clerk shall prepare a list of addresses of those premises whose owners or occupants have notified the Clerk that canvassing or soliciting are not permitted on their premises. Notification shall be by the completion of a form, available online and at the Township Clerk's Office during normal business hours. The premises shall remain on the Registry unless the owners or occupants notify the Township Clerk, in writing, that they wish the property to be removed from the Registry. The Township Clerk shall update the list monthly. The inclusion of a premises on the Registry shall be deemed a revocation of any privilege or license to enter or attempt to enter the property.

Owners or occupants who have requested to be listed on the Mahwah No-Knock Registry pursuant to paragraph a herein, may procure from the Clerk's Office a notice for display on the premises indicating the enlistment on the Mahwah No-Knock Registry. The notice shall indicate which solicitors may contact the residents and shall read substantially as follows:

"These premises are listed on the Township of Mahwah's No-Knock Registry (Mahwah Code Sec. 4.3-16). You may not enter or attempt to enter these premises for the purpose of canvassing or soliciting, which includes offering to purchase real estate on behalf of any person or organization. Non-profit and political organizations are exempt from this law. Violation of Mahwah Code § 4.3-16 may result in a fine of up to $1,250 and/or up to 90 days community service."

This notice shall be prominently displayed on the owner's or occupant's door or adjacent to the door.

The first notice shall be provided free of charge and may be picked up in person during regular business hours. If a replacement notice is required, the individual may pick up the replacement notice at the Clerk's office for a fee of $5, which shall be payable to the Township Clerk. A fee of an additional $1 per notice will be applied for any individual who desires to have a notice mailed to him or her, payable to the Township Clerk. Pursuant to N.J.S.A. 2C:18-3, "any owner or occupant who has listed his or her premises on this registry shall be deemed to have revoked any express or implied legal privilege or license to enter or attempt to enter the premises".

The Township Clerk shall distribute the current Mahwah No-Knock Registry to a licensed canvasser or solicitor at the time of issuance of a license.

Although the most current list of registrants on the Mahwah No-Knock Registry shall be provided by the Township Clerk, it is the responsibility of the canvasser or solicitor to have the most up-to-date list prior to engaging in any canvassing or soliciting.

Any person convicted of violating this subsection upon competent evidence by an owner, occupant or other person with personal knowledge of such violation shall be subject to the following:

First offense: A minimum fine of $100 with a maximum of up to $750;

Subsequent offense: A minimum fine of $100 with a maximum of up to $1,250 for each offense, together with community service for a period of up to 90 days; and

Any offense: In addition to the above, a permanent revocation of any license issued under the within section.

The Township shall post a No-Knock Registry application on the Township webpage and distribute to other media outlets as designated by the Township. The Township shall provide copies of the application to the public and undertake reasonable efforts in education and distribution in order to further public awareness of the No-Knock Registry.

This subsection does not preclude an owner or occupant from filing any other appropriate complaint with the Mahwah Police Department, including a complaint for trespass.

§ 4-4 SPECIAL EVENTS. [1]

Editor's Note: Former Section 4-4, Licensed Entertainment, previous codified herein and containing portions of Ord. No. 40 and Ord. No. 58 was repealed in its entirety by Ord. No. 1357.

§ 4-4.1 Definitions.

[Ord. #1357, § I]

Unless otherwise expressly stated, the following terms shall, for the purposes of this section, have the meanings set forth below:

CHIEF OF POLICE

Shall mean the Chief of Police of the Township of Mahwah.

CLERK

Shall mean the Municipal Clerk of the Township of Mahwah.

FIRE OFFICIAL

Shall mean the head of the Fire Prevention Bureau of the Township of Mahwah.

Shall mean any individual, firm, partnership, association, corporation, company or organization of any kind, including a charitable, religious, membership, hospital or not-for-profit corporation.

SPECIAL EVENT

Shall mean any form of entertainment open to the public or private event conducted indoors or outdoors, with or without an admission fee and held on a one-time or occasional basis, which may include, but not be limited to, for example, carnivals, circuses, fairs, bazaars and outdoor shows, horse shows or exhibitions, concerts, road races and parades. A special event shall not include any event having less than 500 persons or an event conducted in a hotel which has obtained municipal land use board approval for such uses.

TOWNSHIP

Shall mean the Township of Mahwah.

§ 4-4.2 Licensing.

[Ord. #1357, § I]

No person shall use, allow, let or permit to be used property for a special event unless a special event permit has been issued by the Township Council of the Township of Mahwah.

Application for such permit shall be on the form provided by the Clerk, addressed to the Township Council and filed with the office of the Clerk at least 30 days prior to the date the special event will begin, unless otherwise waived by the Township Council.

The application shall include the following information:

The name, age and address of the applicant; if the applicant is a corporation, the name of the corporation and the names and addresses of directors and officers of the corporation; if the applicant does not reside in Bergen County, the name, address and phone number of any agent, who shall be a natural person and shall reside or have a place of business in the County of Bergen and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any law, ordinances, rules or regulations.

The name and address of the record owner of the subject property or properties and the nature and interest of the applicant in the property; proposed use of Town or other publicly owned property; proposed dates and hours of the special event, including setup and shutdown times; expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; if there are animals the approximate number and types of animals, the number and types of vehicles used to transport and/or house the animals, the storage and provisions for disposal of all animal wastes, the purpose of the event, including the nature of the activities to be carried on and the admission fee to be charged, if any; and the name of groups, organizations, charities or individuals who shall benefit from the proceeds of the event.

A plan or drawing showing the size of the property; the zoning district in which it is located; the streets or highways abutting said property; the size and location of any existing building, buildings or structures or of any proposed building, buildings or structures or signs to be erected for the temporary event; the location of the stage or tents, if any, proposed to be erected; the designated areas of use for spectators, exhibitors, vendors, employees, and organizers; the location of all exits; the type of fuel being used for cooking; the location of all fire extinguishers and other fire safety equipment; and the location of all temporary utilities to be installed for the event.

A plan or drawing showing the method to be used for the disposal of sanitary waste and sewage, including toilet facilities.

A plan or drawing showing the method to be used for the supply, storage and distribution of water.

A plan or drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress to such parking area. Such parking area shall provide one parking space for every four persons in attendance.

Provisions to dispose of any garbage, trash, rubbish or other refuse including provision for licensed pesticide control.

The name, address and telephone number of the person who will be engaged in the sale or distribution of food, beverages and alcohol, along with copies of the menus and completed health department application, any required sanitary permits issued by the Township Board of Health.

A plan for the use of live music, loud speakers, horns, or other sounds which will be used, if any, and the type and location of speakers and other audio equipment.

A plan for the use of lighting, if any, and the type and location of such equipment.

The name and address of the security company, if any, which will work on the premises, and a description of the duties to be performed.

A description for fire protection and a map specifying the location of fire lanes and water supply for fire control.

A description of the facilities and the number of medical technicians on site to be available for emergency for any person who might require immediate medical or nursing attention.

A description of camping or housing facilities to be available, if any, and a plan showing the intended number and location of them.

15.

A plan for emergency procedures.

16.

A description of any type of hot air balloon, blimp, flammable gases or hazardous materials.

17.

For any event which will have live animals, (circus, carnival, etc.) proof of current immunization status of animals is required as well as a contact phone number where the owner of the animals can be reached for a minimum of 30 days after the event.

18.

The application shall be signed by the applicant and the property owner.

§ 4-4.3 Conditions for Granting Permit.

[Ord. #1357, § I]

Prior to the issuance of a permit, the permittee shall furnish the Township with written authorization to permit the Township or its lawful agents to enter the subject property for the purpose of inspecting the same, and for the protection of health, safety and welfare of citizens of the Township of Mahwah.

Prior to the issuance of a permit, the applicant shall furnish the Township with a comprehensive liability insurance policy, issued by a company duly licensed by the State of New Jersey, insuring the applicant against liability for damage to persons or property, with limits as established by the Township's Risk Management consultant, which policy shall name the Township as an additional insured and shall be noncancellable without prior written notice to the Township.

Where the expected maximum number of persons shall exceed 1,000 persons at any time during a special event, or where the duration of the special event will impact the health, safety and welfare, as a condition of the granting of the permit, the Township Council may require the permittee to reimburse the Township for costs of police, fire and ambulance protection and public works department personnel as may be deemed necessary by the Township Council to adequately and safely control and protect the persons attending the event, the event area and traffic in and around the area of the event. Costs for such police, fire and ambulance protection and public works department personnel shall include those over and above routine staffing including overtime and the hiring of special police officers. The amount shall be provided to the applicant and the Township Council by written report from the Chief of Police and Director of the Department of Public Works provided prior to the issuance of the permit.

The Township Council may require applicant to provide a letter of credit, bond or other suitable security instrument to secure compliance with conditions in the permit and to insure adequate clean up of the property after the event. The Township Council shall set the amount by resolution, and no permit shall be issued until the security has been provided to the Clerk. If the applicant fails to honor the permit conditions or does not clear the property of debris, the Township may, upon written notice, use such portion of the security as is required to remedy the situation.

The Township may issue a permit upon such other reasonable conditions necessary to ensure compliance with this law and for the general protection of the health, safety and welfare of the persons and property in the Township.

§ 4-4.4 Review of Application; Public Hearings; Approval or Denial of Permit.

[Ord. #1357, § I]

All applications for a permit shall be reviewed by the Township Council, the Chief of Police and the Fire Official. The Chief of Police, the Fire Official, Health Department, D.P.W., Construction Official, Ambulance Squad and Office of Emergency Management shall submit a written report to the Township Council and such additional reports as may be requested by the Township Council. The Fire Official shall obtain such further reports from local public safety organizations, including ambulance and fire departments, as he deems appropriate. The Chief of Police shall also provide a written estimate of additional police services that shall be necessary to adequately protect the public during the event. The Township Council may also request an advisory report from any advisory board whose expertise and evaluation may be appropriate.

The Township Council may, in its discretion, require a public hearing on any application. In making a determination on whether to do so, the Township Council shall consider the size and type of event, duration and potential impacts on the environment, including the surrounding community and the Township as a whole, including but not limited to noise, traffic, aesthetics and character of the area. If the Township Council determines that it should hold a public hearing, the Township Council shall fix a time and place for a public hearing and shall provide for the giving of notice at least 10 days prior to the date of the hearing.

In determining whether to approve or deny an application, the Township Council shall consider the information provided at the public hearing and such other information as may be available, including but not limited to:

Impact of the event on the safe and orderly movement of traffic within and contiguous to the event.

Need for the Township to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the Township from providing adequate police protection to the remainder of the Township.

Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Township in general.

Impact of the event on the movement of fire-fighting equipment or ambulance service to the Township or to areas contiguous to the event.

Impact of the event on the general health, safety and welfare of the Township.

Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Township agency approval, including but not limited to the Planning Board or the Zoning Board of Adjustment.

Verification that the information contained in the application is not found to be false or nonexistent in any material detail.

Verification that the grant of the permit would not violate any existing covenants on the property.

If permission to hold a special event is granted, the permit shall set forth the maximum number of persons permitted to attend the event. The Township Council, in determining the maximum limit, shall take into consideration the capacity of the site, the facilities to be available and the availability of public highway and other means of transportation to and from the site. The applicant shall limit all ticket sales or invitations to such maximum number and shall include such limitations in all advertising.

A special event permit is not transferable and shall expire at the close of the event for which it is issued.

§ 4-4.5 Application Fees.

[Ord. #1357, § I]

The fee to be paid for a license required under the terms of this section shall be $100 per day and shall be paid with the application for a license.

In addition, the applicant shall also pay the costs reported under subsection 4-3.3c, above.

§ 4-4.6 Modification or Rescission of Permit.

[Ord. #1357, § I]

If, after a permit is issued, the Township Council determines that any of the representations and/or statements contained in the application or any of the conditions of the permit have not been complied with, the Township Council may serve the permittee's agent, for service of process as appointed pursuant to subsection 4-4.2 hereof, a five-day notice of public hearing specifying the manner in which the permittee has not complied with the terms of its permit, and, at which hearing, the Township Council may for good cause modify or rescind such permit, absolutely or upon conditions.

If the Police Chief or Fire Official determines that there is an immediate threat to public safety as a result of weather conditions, overcrowding, code violations, traffic or other reasons the Police Chief or Fire Official may revoke the permits.

§ 4-4.7 Other Approvals.

[Ord. #1357, § I]

The provisions of this section are not exclusive, and applicants remain subject to all other applicable permits as may be required, including but not limited to approvals for tents and fireworks and any further permits as may be required for animal shows, carnivals, circuses and similar events.

§ 4-4.8 Exemptions.

[Ord. #1357, § I; Ord. #1602]

The following events shall be exempt from complying with the requirements of this section.

Funeral and wedding processions;

Any agency of the Township of Mahwah or Mahwah Board of Education acting within the scope of its function so long as an informational application is filed in advance with the Clerk.

Any person conducting or operating a special event shall be subject to the requirements of this section even though the special event is conducted on State, County, Municipal or Board of Education property unless the special event program is within the scope of the governmental entities' governmental purposes.

§ 4-4.9 Violations and Penalties.

[Ord. #1357, § I]

Any person violating any of the provisions of this section shall, upon conviction thereof, be punishable by the penalty as stated in Chapter 1, Section 1-5.

§ 4-5 LEGALIZED GAMES OF CHANCE.

§ 4-5.1 Purpose.

[Ord. No. 1764]

This section is for the purpose of regulating all games of chance held, operated or conducted within the Township, pursuant to the Acts of the Legislature of the State of New Jersey, known as the "Bingo Licensing Law", N.J.S.A. 5:8-24, the "Raffles Licensing Law", N.J.S.A. 5:8-50, and in accordance with the rules and regulations issued or to be promulgated by the Legalized Games of Chance Control Commission in the Department of State of the State of New Jersey. All applications, licenses and proceedings in connection therewith shall be subject to the provisions of the Acts and the rules and regulations and any laws, rules and regulations thereafter enacted and shall be further subject to the provisions of this section.

§ 4-5.2 License Required.

[Ord. #707; 1976 Code § 116-1; Ord. No. 1764]

No person shall own or operate within the Township "games of chance" as defined in the statutes dealing with legalized games of chance (R.S. 5:8-1 through R.S. 5:8-77) without obtaining a license therefor issued by the Township Council. The license shall be issued pursuant to and subject to the provisions of the "Bingo Licensing Law" and "Raffles Licensing Law" and rules and regulations issued thereunder.

§ 4-5.3 Conditions of License Issuance.

[Ord. No. 1764]

Subject to the terms, conditions and restrictions of this section, the Raffles Licensing Law (N.J.S.A. 5:8-50), the Bingo Licensing Law (N.J.S.A. 5:8-24), the Legalized Games of Chance Control Law (N.J.S.A. 5:8-1 et seq.) and the rules and regulations adopted and promulgated or to be adopted and promulgated hereafter by the Legalized Games of Chance Control Commission of the State of New Jersey, licenses shall be issued to bona fide organizations or associations as determined by these laws.

§ 4-5.4 Application.

[Ord. #707; 1976 Code § 116-2; Ord. No. 1764]

Each applicant for a license under this section shall file with the Township Clerk a written application as prescribed by the statute and in accordance with the rules and regulations promulgated by the Legalized Games of Chance Control Commission.

§ 4-5.5 Investigation of Applications; License Issuance.

[Ord. No. 1764]

The Township Clerk shall make an investigation of the qualifications of each applicant and the merits of each application in accordance with the applicable licensing laws. The Township Clerk is designated as the person having authority to approve the issuance of raffle and bingo licenses. All other licenses to be issued under this section shall be approved by the Township Council.

§ 4-5.6 Restrictions for Issuance.

[Ord. No. 1764]

No license shall be:

Issued for a period of more than one year.

Issued for holding, operating or conducting any game of chance which may be licensed under other licensing laws.

§ 4-5.7 License Forms.

[Ord. No. 1764]

Each license shall be in the form prescribed by the State Control Commission.

§ 4-5.8 Control and Supervision.

[Ord. No. 1764]

The Township Clerk issuing any license pursuant to this section and applicable licensing laws shall have and exercise control and supervision over all licensed games of chance.

§ 4-5.9 Fees.

[Ord. #707; 1976 Code § 116-3; Ord. #1555; Ord. No. 1764]

The fees payable by law are as follows:

Bingo: $30 for each occasion on which any game or games of bingo are to be conducted under the license. $10 of the fee for each occasion shall be remitted to the Township and the remaining $20 of the fee for each occasion shall be remitted to the Legalized Games of Chance Control Commission.

On-Premises Draw Raffle for Cash (50/50) or Merchandise Exceeding $400 Total Prize Value: $20 for each day on which a drawing is to be conducted under the license made payable to the Legalized Games of Chance Control Commission and an additional $10 to the Township of Mahwah at the time of filing the reports, a copy of which shall be provided to the Township.

On-Premises Draw Raffle for Cash Prizes (50/50) that Do Not Exceed $400 or Merchandise Prizes Where the Total Combined Retail Value of Prizes Awarded Does Not Exceed $400: No licensing fee. In the event the retail value of the prize(s) offered or awarded exceeds $400 in a raffle in which it was anticipated that the retail value would not exceed $400, the licensee shall submit a check or money order made payable to the Legalized Games of Chance Control Commission in the amount of $20 at the time of filing the report of operations required by N.J.A.C. 13:47-9 and an additional licensing fee of $10 to the Township of Mahwah, together with a copy of the Report of Raffle Operations.

Off-Premises Draw Raffle Awarding Merchandise as a Prize: $20 for each $1,000 or part thereof of the retail value of the prize(s) to be awarded to the Legalized Games of Chance Control Commission and $10 to the Township for each $1,000 or part thereof of the retail value of the prize(s) to be awarded.

Carnival Games or Wheels: $20 to the Legalized Games of Chance Control Commission for each game or wheel held on any one day, or any series of consecutive days not exceeding six at one location and $10 to the Township for each game or wheel held on any one day, or any series of consecutive days not exceeding six at one location.

Off-Premises Cash 50/50 Raffle: $20 shall be paid to the Legalized Games of Chance Control Commission at the time the application is filed. In the event the awarded prize exceeds $1,000, then an additional fee of $20 for each $1,000 or part thereof in value of the awarded prize in excess of $1,000 shall be forwarded to the Legalized Games of Chance Control Commission together with the Report of Operations as required by N.J.A.C. 13:47-9 a copy of said Report of Raffle Operations shall also be provided to the licensing municipality and an additional $10 for each $1,000 or part thereof in value of the awarded prize in excess of $1,000 must be paid to the Township.

Special Door Prize Raffle: No fee is payable and no license is required, provided the merchandise is wholly donated, has a total retail value of less than $50. NOTE: Cannot be conducted when other games of chance are being conducted, held or operated.

Calendar Raffle Awarding Cash or Merchandise as a Prize: $20 to the Legalized Games of Chance Control Commission and an additional $10 to the Township for each $1,000 or part thereof of the retail value of the prize(s) to be awarded.

Instant Raffle Games Awarding Cash or Merchandise as a Prize:

$20 to the Legalized Games of Chance Control Commission and $10 to the Township for each day on which instant raffle tickets are sold or offered for sale; or

$750 to the Legalized Games of Chance Control Commission and $250 to the Township for a one-year license to sell, or to offer for sale, instant raffle tickets during that year.

Golf Hole-in-One Contest: $20 to the Legalized Games of Chance Control Commission and $10 to the Township for each $1,000 or part thereof of the retail value of the ancillary prizes offered.

Armchair Race: $50 to the Legalized Games of Chance Control Commission and $10 to the Township per licensed day of operation.

Casino Night: $100 to the Legalized Games of Chance Control Commission and $10 to the Township for each day of operation.

Pursuant to N.J.A.C. 13:47-4.9 and 4.10 the licensee fees set forth shall not apply to any senior citizen association or club registered with the Control Commission, which will hold, operate or conduct the games solely for the bona fide active members of the licensed association or club. No fee shall be charged to any senior citizen association or club for processing an application or issuing a license to hold, operate or conduct any legalized game of chance solely for its bona fide active members.

§ 4-5.10 Hours of Operation; Sundays.

[Ord. #707; 1976 Code § 116-4; Ord. No. 1764]

The aforesaid games of chance may be conducted from 12:00 noon until 12:00 midnight on the same day, including the first day of the week known as Sunday.

§ 4-5.11 Participation by Underage Persons.

[Ord. No. 1764]

No person under the age of 18 years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant to any license issued by the Township.

§ 4-5.12 License and Operating Regulations.

[Ord. No. 1764]

All licenses issued under this section shall be subject to applicable conditions, restrictions, regulations and rules of the Raffles Licensing Law, Bingo Licensing Law, Legalized Games of Chance Control Law and the State Control Commission.

§ 4-5.13 Filing of Certified Copy; Reports of Licenses Issued and Violations.

[Ord. No. 1764]

The Township Clerk shall:

File with the Legalized Games of Chance Control Commission a certified copy of this section within 60 days after its adoption.

On or before the first day of February in each year or at any other time or times which the Commission may determine, report to the Commission the number of licenses issued by the Township; the names and addresses of all persons prosecuted for such violations; and the result of each such prosecution, including the penalties imposed therein, during the preceding calendar year or the period the report is required.

§ 4-5.14 Unlicensed Operation.

[Ord. No. 1764]

No person, organization, club, company or squad shall conduct, operate, run, participate in or attend at any unlicensed raffle or bingo games in the Township.

§ 4-5.15 Laws Invoked.

[N.J.S.A. 5:8-1, et seq.]

No person, organization, club, company or squad shall violate any of the terms or provisions of:

The Raffles Licensing Law (N.J.S.A. 5:8-50).

The Bingo Licensing Law (N.J.S.A. 5:8-24).

The Legalized Games of Chance Control Law

The provisions of this section.

[Ord. No. 1764]

§ 4-5.16 Violations and Penalties.

[Ord. #707; 1976 Code § 116-5; Ord. No. 1764]

In the event any licensee violates any provision of this section or of the aforementioned State statutes or the rules and regulations promulgated by the Legalized Games of Chance Control Commission or the terms of the license, the licensee shall be deemed a disorderly person. Upon conviction, he shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to him under this section.

Any person, organization, club, company or squad convicted of a violation of any of the provisions of this section shall be subject to the following penalties:

Suspension and revocation of the license issued by the Township pursuant to this section in accordance with N.J.S.A. 5:8-30; and

Any additional penalties, including civil monetary penalties, that may be imposed by the Legalized Games of Chance Control Commission pursuant to N.J.S.A. 5:8-30 a through e and N.J.S.A. 5:8-30.2.

§ 4-5.17 Penalties.

[Ord. #707; 1976 Code § 116-6; Ord. No. 1764]

Where no other specific penalty is prescribed, any person who violates any provision of this section shall, upon conviction thereof, be subject to the penalty as stated in Chapter 1, Section 1-5.

§ 4-5.18 Suspension and Revocation.

[Ord. No. 1764]

A conviction for violating this section hereunder shall be grounds, in the discretion of the Township Clerk, to suspend or revoke a license issued under this section.

§ 4-6 GAMES OF AMUSEMENT.

§ 4-6.1 Definitions.

[Ord. #685; 1976 Code § 112-1; Ord. #1219]

As used in this section:

Mechanical amusement game shall mean any machine which may be operated by the public for entertainment or amusement whether the machine is coin operated or not, and whether or not it registers, scores or tallies. Mechanical amusement games include but are not limited to pinball machines, electronic games, bowling machines, skee-ball machines, pokerino machines, commercial pool tables, and similar devices. This enumeration is intended to be typical and shall not be construed as exclusive.

Person shall mean any person, firm or corporation or partnership.

Operator shall mean any person in whose place of business any mechanical amusement game is placed or kept for operation by the public.

Distributor shall mean any person who supplies any mechanical amusement game to another for use in his place of business, whether under lease or any similar arrangement.

§ 4-6.2 License Required.

[Ord. #685; Ord. #748; Ord. #786; 1976 Code § 112-2]

License Requirement. No person shall maintain, operate or possess in any store, building or other place where the public may enter, or in any building or other place wherein any club or organization meetings are held, within the Township any mechanical amusement game without first obtaining a license therefor.

Exceptions to License Requirement. Any persons who own or lease mechanical amusement games covered by this section and who are non-profit, charitable or religious organizations or such other organizations are exempted from the fee and payment requirements of obtaining a license or licenses upon the said amusement games, but such organizations shall remain subject to all other provisions of this section.

Purpose. The purpose of this section is to license and/or permit the operation of mechanical amusement games in commercial establishments as accessory to the principal permitted use; for the purpose of making a profit and for their regulation and control thereof.

Limitation. The operation or distribution of mechanical amusement games which require any payment of monies as a condition of operation are expressly prohibited from all areas of the Township designated within the C-80, R-40, R-20, R-10, R-5, R-11, zones as delineated in Chapter 24 of this Code, as amended.

§ 4-6.3 Application.

[Ord. #685; Ord. #786; 1976 Code § 112-3]

All applications for a license under this section shall be made and delivered to the Township Clerk in duplicate on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.

The application for license shall contain the following:

Name and address of the applicant.

Name under which the place of business is being operated and the location of the same.

Number and type of alcoholic beverages licenses, where applicable.

Number and type of machines sought to be licensed.

Location where each mechanical amusement game is to be located if different from paragraph b2.

Name and address of the person from whom each such device is to be purchased, rented or otherwise obtained.

Description of each mechanical amusement game sought to be licensed including for each device, the name of the manufacturer, model number and serial number.

Terms of agreement governing the acquisition and installation of the mechanical amusement game.

Information indicating whether the distributor, the applicant or any person connected with the operation of the place of business wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.

The applicant shall submit as a sketch at a scale of one inch equals 10 feet showing the physical location of proposed amusement machines and its relationship to other activities within the place of business.

Any other information which the Township Council may deem necessary and proper for the full protection of the interests of the public.

The Township Council may request of any applicant additional information supplementing the information given in the application.

§ 4-6.4 Fees.

[Ord. #685; 1976 Code § 112-4; Ord. #1088]

The application fee for all applications for licenses pursuant to this section shall be $50 in addition to all licensing or transfer fees.

The fee for a license to operate a mechanical amusement game shall be $150 per machine.

This section shall not apply to juke boxes or similar music playing devices.

§ 4-6.5 License Term; Transferability.

[Ord. #685; 1976 Code § 112-5]

All licenses issued under this section shall be for a term of one year, commencing on January 1, and expiring on December 31.

A license may be transferred from one machine to another by giving notice to the Township Clerk to that effect and giving a description of the new machine including manufacturer, model number and serial number. A license may be transferred from one place to another by giving notice to the Township Clerk to that effect and supplying the required information as to the new premises. There shall be a fee for all transfers from one place to another in the amount of $25 per place of transfer.

§ 4-6.6 Gambling.

[Ord. #685; 1976 Code § 112-6]

No person shall, in his place of business, permit gambling in connection with the playing of any mechanical amusement game.

§ 4-6.7 Investigation.

[Ord. #685; Ord. #786; 1976 Code § 112-7]

The Chief of Police may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Subcode Official may inspect the premises to determine whether the premises complied with existing fire regulations of the Township. The Chief of Police and the Fire Subcode Official may upon completion of their inspection, attach to the application their reports in writing. Upon receipt of the application and inspection reports, if any, the Township Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant. If the application is approved, the Township Council shall authorize the Township Clerk to issue the necessary license upon the receipt of the license fee or fees as herein provided.

§ 4-6.8 Regulation.

[Ord. #685; Ord. #786; Ord. #866; 1976 Code § 112-8; Ord. #916; Ord. #1125, §§ 1,2]

Revocation of License. Any time after the granting of the license, the Township Council may, in the exercise of its discretion, revoke the same.

Posting and Display. An operator's license granted pursuant to this section shall:

Be posted in a conspicuous place at the location for which the license was granted.

State the name and address of the licensee.

State the manufacturer, model number and serial number for each and every mechanical amusement game for which the license was issued.

Exception to License Requirement. Any persons who own or lease mechanical amusement games covered by this section and who are nonprofit, charitable or religious organizations or such other organizations are exempted from the requirements of obtaining a license or licenses upon the mechanical amusement games.

Number of Machines.

The maximum number of mechanical amusement devices for any establishment shall be established by the Township Council on an individual basis based upon the applicant's ability to comply with all other existing provisions of this Chapter.

Each mechanical game of amusement shall have set aside a minimum of 75 square feet of clear floor area to accommodate each machine.

Location Within Building or Place of Business. Mechanical amusement machines shall not be located so as to obstruct aisleways, entrance ways or exits. No machine shall be located within 15 feet of any existing doorway.

Geographic Location. No games subject to this section may be operated within a structure located within 250 feet of any house of worship or school buildings or structures.

Expiration and Renewal of License. All licenses issued pursuant to the provisions of this section shall expire at midnight on December 31, next succeeding the date of the issuance thereof, and all persons desiring to continue in such business after the expiration of any license granted hereunder shall make application before November 1, for a new license for the ensuing year and shall pay the license fees in like manner and amount as for the review and issuance of the original license.

§ 4-6.9 Violations and Penalties.

[Ord. #685; 1976 Code § 112-9]

Every person violating any provision of this section or who fails to comply therewith, shall severally for each and every violation and noncompliance pay a penalty not to exceed the sum of $500 or be imprisoned in the Bergen County Jail for a period of not more than 30 days, or both. Each day a violation exists under this section shall constitute a separate offense under this section. The application of the above penalty shall not be held to prevent any proceeding for suspension or revocation of licenses.

§ 4-6.10 (Reserved) [1]

Editor's Note: Former subsection 4-6.10, Right of Appeal of Denial, previously codified herein and containing portions of Ord. No. 916 was repealed in its entirety by Ord. No. 1125.

§ 4-7 BILLIARD ROOMS AND BOWLING ALLEYS.

§ 4-7.1 License Required.

[Ord. #36; 1976 Code § 79-1]

No person shall keep a billiard table, pool table, bowling alley or shuffleboard for public use or hire within the Township without first obtaining a license.

§ 4-7.2 Application for License.

[Ord. #36; 1976 Code § 79-2]

Application for such license shall state the location of the building and room where such billiard table, pool table, bowling alley or shuffleboard is to be used; the name of the applicant; the number of tables, bowling alleys or shuffleboards; and the name of the owner of the building.

§ 4-7.3 Issuance of License; Revocation or Suspension; Renewal.

[Ord. #36; 1976 Code § 79-3]

All licenses granted under the provisions of this section shall be issued by the Township Clerk at the direction of the Township Council.

The Township Council shall have the power to revoke or suspend such licenses in its discretion in case gambling or disorderly conduct is permitted or any provision of this section is violated. Licenses not revoked or suspended may be renewed, subject to the same conditions and charges as the original license. All licenses shall expire on the 31st day of December next ensuing the date of issuing the same.

§ 4-7.4 License Fees.

[Ord. #36; 1976 Code § 79-4]

The annual license fee for keeping a billiard parlor, pool parlor, bowling alley or shuffleboard shall be $5 for each table or shuffleboard and $10 for each bowling alley.

§ 4-7.5 (Reserved)

§ 4-7.6 Prohibited Hours of Operation.

[Ord. #36; Ord. #107; 1976 Code § 79-6]

No play shall be permitted in any establishment licensed under the provisions of this section between the hours of 2:00 a.m. and 8:00 a.m. on weekdays.

No play shall be permitted in any establishment licensed under the provisions of this section between the hours of 3:00 a.m. and 12:00 noon on Sundays.

The hours above referred to shall be Eastern standard time except when daylight saving time shall be in effect, which shall then be the prevailing time.

§ 4-7.7 Violations and Penalties.

[Ord. #36; 1976 Code § 79-7]

Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalty as stated in Chapter 1, Section 1-5.

§ 4-8 REVOCATION OR SUSPENSION OF CERTAIN LICENSES AND PERMITS FOR NONPAYMENT OF REAL PROPERTY TAXES.

§ 4-8.1 Issuance or Renewal of Licenses or Permits.

[Ord. #1046]

A new section is hereby established providing procedures for issuance or renewal of licenses or permits as follows:

Any applicant who requests the issuance, re-issuance or renewal of any license or permit issued by, or requiring the approval of, the Township Council, or of any agency or department of the Township which issues permits, shall be required to pay any delinquent property taxes or assessment, if he is the owner of the property where the business or activity is located.

Any license or permit issued by the Township Council, or any permit issued by an agency or department of the Township, may be revoked or suspended by the Township Council when any licensee, who is an owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters.

If any licensee or permittee is the owner of the real property where the business or activity, license or permit regulates, has failed to pay real property taxes for three consecutive quarters, then the Township Council may revoke or suspend the license or permit until such time as the taxes are paid.

§ 4-8.2 Procedures for Suspension or Revocation.

[Ord. #1046]

The Tax Collector shall advise the Council in writing 30 days after any property owner, who is also a licensee or permittee, has failed to pay real property taxes for three consecutive quarters and serve notice upon the owner of the deficiency, by regular mail, with a request for payment and a copy of the ordinance.

In the event that the owner does not pay the delinquent taxes entirely, plus interest and penalties allowed by law, then the Council may, at a regular public meeting of that body, schedule a hearing to revoke or suspend the license or permit. The Council shall provide at least 10 days' written notice, to the owner, of the public hearing, including the time and place, with a copy of this section. All hearings shall be conducted in public and the owner provided an opportunity to present their defense. The decision of the Council shall be by written resolution and a copy served upon the owner.

Upon payment of the delinquent taxes or assessment, the license or permit shall be restored.

The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to Chapter 6 of the Revised General Ordinances of the Township of Mahwah or licenses or permits for individual animals as provided for in Chapter 5, Sections 5-2.1 through 5-2.6 of the Revised General Ordinances.

§ 4-8.3 Repealer.

[Ord. #1046]

All ordinances or parts of ordinances which are inconsistent with the provisions of this section are hereby repealed to the extent of such inconsistency.

§ 4-8.4 Effective Date.

[Ord. #1046]

This section shall take effect 20 days after final passage[1] and publication as prescribed by law.

DESIGNATED FIRE REPRESENTATIVE

Editor's Note: The adoption date of Ord. No. 1046 is 1-25-1990.

§ 4-9 ALARM DEVICES.

§ 4-9.1 Purpose.

[Ord. #522; 1976 Code § 71-1; Ord. #934, § I]

The purpose of this section is to provide standards, fees, regulations and penalties for various types of intrusion, burglar, fire and other emergency alarm devices, whether by direct line, radio, telephone or other means, actuating a device at the Police Headquarters of the Township or by indirect or transfer of notice of alarm to the Police Department or Fire Department of the Township and requiring response thereto by the Police Department, Fire Department and or other municipal agencies.

§ 4-9.2 Scope.

[Ord. #522; 1976 Code § 71-2; Ord. #934, § II]

The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon directly or indirectly the Police Department, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within the Township so long as such activity is not reported directly or indirectly to Mahwah Township police headquarters, except, however, that any person, firm or corporation having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with subsection 4-9.6, paragraph a without fee.

§ 4-9.3 Definitions.

[Ord. #522; 1976 Code § 71-3; Ord. #934, § III; New]

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 Police Department of the Township.

ALARM DEVICE

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

ALARM INSTALLATION

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

Shall mean the Township Fire Chief and/or his designated representative.

DESIGNATED REPRESENTATIVE

Shall mean a member of the Police Department of the Township.

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 includes as well alarms caused by malfunctioning of the alarm device or other relevant equipment but does not include alarms created by malfunctioning of the alarm console.

FALSE FIRE ALARM

Shall mean any fire alarm received by the Township Police Department or Fire Department via any method directly or indirectly indicating a need for the Fire Department or a Fire Officer to respond to or investigate the alarm which fire alarm is actuated by inadvertence, negligence or unintentional act of someone other than an intruder, and includes as well alarms caused by malfunctioning of the alarm device or other relevant equipment but does not include alarms created by malfunctioning of the alarm console. Failure to give advance notice to the Fire Department of alternations or repair to fire alarm system shall be considered a false alarm.

FIRE ALARM DEVICE

Shall mean any type of alarm system actuating notice to the Township Police Department or Fire Department providing warning of fire or smoke.

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 or any type of audio noise.

PERMITTEE

Shall mean any person owning an alarm device or a local alarm within the scope of this section.

§ 4-9.4 Alarm Console License.

[Ord. #522; Ord. #658; 1976 Code § 71-4]

There is hereby established a police alarm console license which shall be granted upon recommendation of the Chief of Police as set forth in subsection 4-9.5. Any such licensee shall have exclusive use and control of the alarm console except for use by the Police Department of the Township, and such 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 Police Chief and for the care, maintenance and management thereafter of the console; the licensee shall locate the console and relocate the console if necessary under the supervision of the Chief of Police at no cost to the Township. For any such license granted hereunder the licensee will assume all liability and agree to indemnify and save harmless the Township, its agents and the 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 non-cancelable insurance certificate indicating liability coverage in an amount no less than $500,000.

Any connection to the police alarm console shall be of a type inspected and approved by the Chief of Police of the Township or his designated representative, and any person aggrieved by the decision may appeal the decision in writing within 10 days to the Township Council.

All alarms existing as of the date of the adoption of this section (except dial alarms) shall be connected hereunder to the alarm console by the licensee, and no connection cost for such transfer shall be permitted.

The licensee for the police alarm console shall be permitted to charge subscribers a maximum installation fee of $60 and a maximum monthly retainer or maintenance fee of $7. Any increase in this fee, due to the cost of living must be approved by the Township Council by resolution after requested by the Chief of Police. No fee shall be charged to the Township or the Board of Education for monthly charges for any existing or future systems in public buildings.

The licensee shall install initially an annunciator or display console having no less than 1,000 zones available for present systems and future connections which console shall be approved by the Underwriters Laboratories. The licensee should be U.L. listed.

Except as provided in subsection 4-9.7, any license issued hereunder shall be for a term of five years from the date of approval by the Mayor and Township Council of the Township; such licensee shall post with the Township Clerk a performance bond in the amount of $5,000, noncancelable without notification to the Mayor and Township Council, guaranteeing performance for five years of the obligation of the licensee and ensuring maintenance of the console and alarm system during the period when such license is in force.

§ 4-9.5 Determination of License.

[Ord. #522; 1976 Code § 71-5]

Prequalification. Persons desiring to bid for the license shall make application to the Chief of Police, which application shall disclose whatever information may be required by the Township concerning the ability of the applicant to comply with the requirements of this section and shall indicate, in any event, that:

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

Said proposed licensee has an office with adequate personnel available on a twenty-four-hour basis to service the equipment.

Upon receipt by the Chief of Police of a list of those persons or corporations who prequalified, the Chief of Police shall then designate the time and place for receiving sealed bids by those eligible to submit bids as set forth in paragraph a above, which bids shall indicate the bond and other requirements of this section and the maximum installation and monthly charges prescribed by this section or a lesser amount. Upon the return of the sealed bids, the Mayor and Township Council 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 the Township from a cost standpoint, and in conjunction therewith the Mayor and Township Council reserves the right to reject any and all bids.

Renewals of the license or awarding of new licenses should any license be terminated in accordance with subsection 4-9.7 shall be accomplished by following the procedures of paragraphs a and b aforesaid.

§ 4-9.6 Registration and Permits.

[Ord. #522; Ord. #688; 1976 Code § 71-6; Ord. #934, § IV; New]

Except as hereinafter provided, it shall be unlawful for any individual, partnership, corporation or firm to operate or maintain an alarm device or fire alarm device as defined by this section, within the Township, without a valid permit. A separate permit shall be required for each device.

Any individual, partnership, corporation or firm which owns and operates or maintains an alarm device or fire alarm device shall make application to the Chief of Police or Fire Chief, respectively for a permit therefor on forms supplied by the Police Department; the application shall specify the name, address and telephone number of the owner and user of the alarm installation, the exact location of the alarm device, the name and address of the installer of the device, the type of device, the name and address of the individual or firm regularly servicing the device, if any, the provisions relating to false alarms and testing procedures, a list of names and addresses of persons to be contacted in the event of an alarm and other information relating to the alarm device reasonably required by the Chief of Police.

Issuance and Renewal of Permits.

The Chief of Police is the designated official of the municipality to issue and renew permits; to remove or suspend permits and to otherwise enforce and apply the provisions of this section to alarm devices.

The Fire Chief is the designated official of the municipality to renew fire alarm permits; to remove or suspend permits and to otherwise enforce and apply the provisions of this section to fire alarm devices.

An application for a permit or permit renewal may be denied if the Chief of Police or Fire Chief disapproves of the equipment intended to be used or continued by the applicant or the manner of use thereof or if the applicant has violated any other provisions of this section or is in default in the payment of any fee required by this section.

All permits as may be granted hereunder shall be accepted upon the express condition that (1) the permittee shall defend, indemnify and save harmless the municipality and its authorized officials, agents and employees from and against any and all damages, costs, expenses and liability arising out of the acts or failure to act of the municipality; the alarm console licensee, permittee, alarm contractor or any one or more of them; arising out of any defects, deficiencies or inadequacies in any alarm device or devices for which a permit has been granted or in any installation, monitoring or maintenance thereof or by reason of any malfunction or defect in the operation or maintenance of the alarm console, and (2) the permittee shall comply with all other provisions of this section.

§ 4-9.7 Limitation of Township's Obligation.

[Ord. #522; 1976 Code § 71-7]

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 Mayor and Township Council, and any individual permit issued hereunder may be revoked at any time by the Mayor and Township Council upon recommendation of the Police Chief, provided that 30 days' notice is given in writing to the permittee by registered mail.

§ 4-9.8 General Regulations.

[Ord. #522; 1976 Code § 71-8, Ord. #934, § V; Ord. #1378, § I]

In the case of a false fire alarm any person having knowledge thereof shall immediately notify the Fire Department in a manner to be prescribed by rules and regulations in accordance with subsection 4-9.9. In addition, in the case of false fire alarms the Fire Chief shall cause an investigation to be made and keep a record of alarms on file for such false fire alarms. For such false alarms the Township Council prescribes the following investigation fees:

For the first two false fire alarms in any calendar year a warning shall be issued.

For the third false fire alarm in the same calendar year $100.

For the fourth false fire alarm in the same calendar year $250.

For all false fire alarms in one calendar year after the fourth false fire alarm $500.

Investigation fees shall be paid within 30 days of notice to the permittee that such fee is due.

When the investigation by the Fire Department discloses continued abuse of the privilege of connection to the Fire Department or Police Department and a disregard by the permittee for taking remedial steps to avoid false alarms, or if the permittee fails to pay the investigation fee as required, the Township Council may require disconnections of the fire alarm to the municipal system, provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Council why such action should not be taken.

Any licenses 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 such service shall be provided immediately when necessary after notification by the Police Department of any malfunctions of any equipment.

In the case of a false alarm any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with subsection 4-9.9. In addition, in the case of false alarms the Chief of Police shall cause an investigation to be made and keep a record of alarms on file. For such false alarms the Township Council prescribes the following investigation fees: for the first and second false alarm in any given calendar year, a warning shall be issued; for the third false alarm in the same calendar year, $15 shall be paid to the Township of Mahwah; and for the fourth false alarm, $25 shall be paid to the Township of Mahwah; for false alarms after the fourth alarm in the same calendar year $25 shall be paid to the Township of Mahwah. Investigation fees shall be paid within 30 days of notice to the permittee that such fee is due. Where the investigation by the Police Department discloses continued abuse of the privilege of connection to the alarm console and a disregard by the permittee for taking remedial steps to avoid false alarms, the Township Council reserves the right to require disconnection from the alarm console for a limited or permanent time provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Township Council why such action should not be taken.

Any unauthorized equipment may be disconnected by the Chief of Police or his designated representative for noncompliance with this section, and any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this section 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 at reasonable hours by the Chief of Police or his designated representative.

Properties owned and controlled by the State of New Jersey, County of Bergen, Township of Mahwah, Township of Mahwah Board of Education, or any agencies of these entities shall be exempt from the investigation fees set forth in the preceding subsection 4-9.8c.

§ 4-9.9 Rules and Regulations Authorized.

[Ord. #522; 1976 Code § 71-9; Ord. #934, § VI]

The Chief of Police and the Fire Chief and/or the Fire Official may from time to time promulgate rules and regulations supplementing this section in order to provide for record-keeping and efficient management of the system; provided, however, that the Mayor and Council must first approve the rules or any changes thereto.

§ 4-9.10 Violations and Penalties.

[Ord. #522; 1976 Code § 71-10]

Any person, firm or corporation found guilty in the Municipal Court of the Township of a violation of the terms of this section shall be subject to the penalty as stated in Chapter 1, Section 1-5.

§ 4-9.11 Dial Alarm Devices.

[Ord. #522; Ord. #688; 1976 Code § 71-11]

Dial alarm devices shall be permitted only under the following conditions:

All owners of dial alarms shall register same in the manner set forth in subsection 4-9.6 of this section.

No dial alarm devices shall be finally registered until a test alarm has been made by the owner in conjunction with the Chief of Police or his representatives.

No dial alarm devices shall be permitted unless of a type approved by the Chief of Police.

All dial alarms shall be coded to dial a special separate number, which number can be obtained from the Chief of Police, and no dial alarm shall be coded to dial the number of the general police switchboard of the Township, unless authorized by the Chief of Police.

Any dial alarm device shall be coded as well to notify a relative, neighbor, or other third party who will be disclosed in the registration of the equipment as required by this ordinance.

All dial alarm devices shall be capable of disconnect to enable the owner to call the police switchboard to indicate that a false alarm has occurred.

For dial alarm devices the owners shall pay to the Township an annual fee of $25 to cover the cost of registration, testing and to amortize the cost of the special phone line or lines required in the Town Hall along with ancillary tape devices of the Police Desk necessitated by these systems.

Owners of dial alarm devices shall be governed by the false alarms procedures and penalties set forth in this section.

In the event that any person has a dial alarm device in existence at the time of the passage of this ordinance, he shall have 30 days in which to pay the annual fee. Any person not so complying shall be liable to a penalty payable to the Township in the amount of $50.

The contents of any recorded message from a dial alarm device must be intelligible and in a format approved by the Chief of Police, no such message shall be transmitted more than three times as a result of a single stimulus of the mechanism, messages shall not exceed 15 seconds and the time gap between delivery shall be approximately 10 seconds.

The sensory mechanism of such devices shall be adjusted so as to suppress false indications and not to be actuated by impulses due to pressure changes in water pipes, short flashes of light, wind, noises, rattling or vibration of doors or windows or other forces unrelated to general alarms.

All components of such equipment must be maintained by the owner in good repair and when evidence exists that there has been failure to comply with the operational requirements of this section, the Chief of Police is then authorized to demand that such device be disconnected until such time as compliance with current requirements is re-established.

§ 4-10 TELEVISION AND MOVIE FILMING.

§ 4-10.1 Definitions.

[Ord. #1256, § 4-10.1; amended 10-7-2021 by Ord. No. 1951]

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

DIRECTLY IMPACTED MERCHANTS

Those merchants whose shops are located in areas where parking, traffic and sidewalk restrictions are created as a result of the applicant's filming activities.

DIRECTLY IMPACTED RESIDENTAL PROPERTIES

Those residents whose homes are located in areas where parking, traffic and sidewalk restrictions are created as a result of the applicant's filming activities.

FILMING

Shall mean the taking of still or motion pictures, either on film, videotape or similar recording medium, for commercial or educational purposes intended for viewing on television or in theaters or for institutional use. The taking of still or motion pictures, either on film, videotape or similar recording medium, for commercial or educational purposes, intended for viewing on television, in video games, on cable television, or in theatres or for institutional use, including the use of any public lands to facilitate same. Filming shall include setup and breakdown time. Filming of news stories within the Township shall not be subject to the provisions of this chapter.

MAJOR MOTION PICTURE

Any film that is financed and/or distributed by a major motion picture studio (such as Universal, MGM, Disney, and others). The term "major motion picture" shall also include any film for which the budget is at least $500,000; any recurrent weekly television series programming (such as for HBO, Showtime, Cinemax and others), made for a streaming service, TV motion picture, any commercial, video game, or made for cable television movie.

An owner of property, or any applicant for a permit under this chapter.

PRIVATE LANDS

All other areas within the Township, including areas zoned for residential as well as business use.

PUBLIC LAND

Shall mean any and every public street, highway, sidewalk or square, public park or playground or other public place within the Township that is within the jurisdiction and control of the Township.

RESIDENTIAL ZONES

Shall mean as established by Chapter 24 of the Code of the Township of Mahwah.

§ 4-10.2 Permits.

[Ord. #1056, § 4-10.2; amended 10-7-2021 by Ord. No. 1951]

No person shall film or permit filming within the Township of Mahwah 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 hereinafter set forth. Incidental use of a public sidewalk or street that does not result in a closing of the street or sidewalk to public use shall not be considered filming on public land.

One permit shall be required for each location.

One permit shall be sufficient to authorize outdoor filming one day and indoor filming on one day within a period of not more than 10 days beginning on the date of issuance of the permit, provided that each such date on which filming is to take place shall be specified in the permit and further provided that the maximum number of days on which filming may be authorized in any calendar year for premises located in any residential zone shall not exceed seven days without a waiver pursuant to § 4-10.3b,10 of this section.

If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Township Clerk may, at the request of the applicant, who shall certify that filming did not in fact take place on the dates specified, issue a new permit for filming on other dates subject to full compliance with all other provisions of this section. No additional fee shall be paid for this permit.

§ 4-10.3 Rules and Regulations.

[Ord. #1256, § 4-10.3; amended 10-7-2021 by Ord. No. 1951]

No permit shall be issued for filming at a particular location in a residential zone within the Township of Mahwah that would permit filming at said location on more than seven days during any one calendar year unless a waiver pursuant to § 4-10.3b,10 of this section is granted.

No permit shall be issued for filming upon public lands within the Township of Mahwah unless the applicant meets the following insurance requirements:

Applicant shall maintain during the life of the project insurance policies of the type and with the minimum limits indicated below and in form satisfactory to the Municipality. The applicant shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the Municipality prior to commencement of work.

Policy and limit guidelines as follows:

Commercial general liability insurance coverage, written on an occurrence basis, and must not be altered by any endorsements limiting coverage. Limits of liability shall not be less than the following:

$2,000,000	General aggregate per location/per project
$2,000,000	Products/completed operations
$1,000,000	Personal injury and advertising injury limit
$1,000,000	Each occurrence combined single limit for bodily injury and property damage

(1)

Premises/operations.

(2)

Independent contractors.

(3)

Contractual liability covering liability assumed under the indemnification provision contained in this Agreement and deleting any third-party beneficiary exclusion.

(4)

Broad form property damage liability including completed operations.

(5)

Personal injury coverage, including coverage for liability arising from false arrest, malicious prosecution, willful detention, libel, slander, defamation of character, invasion of privacy and wrongful egress or entry.

(6)

Products and completed operations.

(7)

Limited pollution cleanup at a limit of $100,000 if there is to be any environmental disturbance.

Comprehensive automobile liability insurance covering the use of all owned, non-owned, hired or leased automobiles with limits of liability not less than $1,000,000 combined single limit for bodily injury and property damage.

Additional requirements as follows:

Certified copies of all insurance policies provided above or certificates thereof satisfactory to the Township of Mahwah shall be furnished forthwith. Each such policy or certificate shall contain a provision that it is not subject to change or cancellation unless 30 days' prior written notice via certified mail, return receipt shall have been given to the Township of Mahwah by the applicant's insurer.

The applicant agrees that it will defend, indemnify and hold harmless the Township of Mahwah, its officers, agents and employees from any and all liability, suits, actions, and demands all damages, costs or fees on account of injuries to persons or property, including accidental death, arising out of or in connection with the project, or by reason of the operations under this agreement.

The posting of a $5,000 cash security deposit, or $5,000 maintenance bond running in favor of the Township of Mahwah protecting and insuring that the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Township ordinances, laws, and rules or regulations will be followed. The Township will return the security deposit or maintenance bond within 21 days after the completion of the filming, provided that there has been no damage to public property or public expense caused by the filming. Monies to repair damage to public property or reimburse public expense may be deducted from the security deposit at the sole discretion of the Township Council.

The hiring of a Township police officer(s) for the times indicated on the permit shall be mandatory in the event that the Mahwah Police Department in its discretion, determines that the presence of a police officer(s) is required for the filming of a major motion picture as defined in this section. The permit holder shall comply with all lawful directives of the Mahwah police officer(s) present for the filming, including but not limited to directives regarding the free passage of pedestrians and traffic over public lands, or to halt filming in the event of a violation of any provisions of this section. The Township reserves the right to require the applicant to hire an on-site police officer(s) of the Mahwah Police Department in other filming applications, if, in the discretion of the Township, the proposed production may impede the proper flow of pedestrian or vehicular traffic.

The hiring of an on-site licensed electrician where existing electrical power lines are utilized by the applicant, or if the applicant does not have a licensed electrician on site.

(f)

All insurance purchased and maintained by the applicant shall designate the Township of Mahwah, its officers, officials, agents, employees, and consultants as additional insured.

(g)

Except as modified by the Township of Mahwah in writing, the insurance requirements herein shall also apply to subcontractors and to the sub-subcontractors, and the applicant will be responsible for supervision of the filing of certified copies of the insurance policies and/or insurance certificates prior to any subcontractor commencing work on the project.

In the event that the applicant provides evidence of insurance valid for a period of time less than the period during which the applicant is required to maintain insurance, the applicant shall be obligated to renew its insurance policies as necessary and to provide new evidence of insurance in order that the Township of Mahwah is continuously in possession of evidence of the applicant's insurance in accordance with the foregoing provisions.

The holder of a 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 Mahwah Police Department with respect thereto.

The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public lands and limit to the extent possible any interference with normal public activity on such public lands.

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.

Filming shall be permitted only Monday through Friday between the hours of 8:00 a.m. to 7:00 p.m., except in the Business District where filming shall be permitted only Monday through Thursday 7:00 a.m. through 10:00 p.m. In this connection, the setup of equipment and vehicles and the breakdown of such equipment and vehicles at the end of the filming shall be accomplished within the permitted time period. Equipment and vehicles are permitted to arrive in the Township prior to 7:00 a.m., but in no event shall equipment be set up earlier than 7:00 a.m. on the day filming is permitted. Filming past 10:00 p.m. shall require the approval of the Township Council, and shall add an additional cost of $1,000 per hour for the approved time period.

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

Any person aggrieved by a decision of the Township Clerk denying or revoking a permit or a person requesting relief pursuant to paragraph i may appeal to the Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Clerk. An appeal from the decision of the Township Clerk shall be filed within 10 days of the Township Clerk's decision. The Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Council shall be in the form of a resolution. A resolution supporting the decision of the Township Clerk or granting relief pursuant to § 4-10.3b,10 shall be approved by the Council at the first regularly scheduled public meeting of the Council 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 within the time required, the decision of the Clerk shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to § 4-10.3b,10 shall be deemed denied.

The Council may authorize a waiver of any of the requirements or limitations of this Chapter and may authorize filming other than during the hours herein described or may extend the duration of a permit beyond 10 days 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 limitation will pose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety and welfare.

The applicant shall notify the Fire Official 48 hours before filming takes place and permit the Fire Official or his designee to inspect the site and the equipment to be used. The applicant shall comply with all fire safety instructions issued by the Fire Official or his designee.

The holder of a permit for filming on public lands shall hire, at said person's sole cost and expense, a Mahwah police officer(s) who will be present at all times at the site during the filming.

Automobiles, trucks and all other vehicles owned, leased or used by the holder of a permit for either residential or public land filming shall not be parked on more than one side of the street.

OUTDOOR ENTERTAINMENT LICENSE

The applicant shall notify adjacent property owners at least 72 hours before filming takes place of the date and location of the filming.

§ 4-10.4 Fees.

[Ord. #1256, § 4-10.4; amended 10-7-2021 by Ord. No. 1951]

The fees which shall be paid to the Township Clerk in advance of the filming and issuance of the permit, are as set forth in Fees and Deposits.

Fees and Deposits
Filming of Commercials, Movies, etc., per diem permit:
Filming permit	$500
Filming permit for filming on public land	$1,000
Filming permit for non-profit applicants
Filming for educational purposes (including public land)	$25

The holder of a permit for filming on public lands shall hire at their sole expense a Mahwah police officer who will be present at all times at the site during the filming.

In addition to any fees or costs mentioned in this chapter, the applicant shall reimburse the Township for any lost revenue, such as parking meter revenue, repairs to public property, or revenues the Township may be prevented from earning because of the filming.

§ 4-10.5 Violations and Penalties.

[Ord. #1256, § 4-10.5; amended 10-7-2021 by Ord. No. 1951]

Any person violating this section or rules and regulations contained herein shall be subject to a fine not to exceed $1,000 or imprisonment for a term not to exceed 90 days, or both.

Any person violating this chapter or the rules and regulations contained therein, shall, upon conviction thereof, be punished by a fine not exceeding $1,000 per day, and/or forfeiture of the security deposit or maintenance bond posted in connection with the issuance of a filming permit. Where the owner of the premises is not an applicant, the owner and the applicant shall each be liable for violations of this section. As to private property, this section shall be enforced by the Building Inspector, and as to public property, this section shall be enforced by the Police Department and the Township of Mahwah Fire Department. This section may also be enforced by direct action of the Township Council. The following acts shall constitute prima facie violations of any filming permit:

Unauthorized street closings.

Illegal parking.

The use of equipment and/or vehicles not disclosed on the application.

§ 4-10.6 Exemptions.

[Ord. #1256, § 4-10.6; amended 10-7-2021 by Ord. No. 1951]

The provision of this section shall not apply to the filming of news stories by authorized press personnel within the Township, the Township of Mahwah Police Department, Fire Department or Ambulance Corps, nor shall it apply to filming for training provided by such Township agencies.

The Township Council may authorize a waiver of any of the requirements or limitations of this section and may authorize filming other than during the hours and days herein described whenever it determines that such a permit may be issued without endangering the public health, safety and welfare and without unreasonably disturbing the peace and tranquility of the neighborhood where it is proposed to film. A public hearing shall not be required to be held for every application for a waiver. The Township Council shall fix the time and place and shall give written notification to abutting and adjacent property owners.

§ 4-10.7 Administrator's Responsibilities.

[Ord. #1256, § 4-10.7; amended 10-7-2021 by Ord. No. 1951]

As to any responsibility or assignment designated to the Township Clerk by this Section 4-10, the Council may, by resolution, designate the Township Administrator in the alternative.

§ 4-11 OUTDOOR ENTERTAINMENT LICENSE.

§ 4-11.1 Definitions.

[Added 8-11-2022 by Ord. No. 1981]

Unless otherwise expressly stated, the following terms shall, for the purposes of this section, have the meanings set forth below:

AGGRIEVED PARTY

Any person, persons, or entity, whether corporate or private, aggrieved by the sound of outdoor entertainment emanating from an establishment.

AMPLIFIED

Increased sound volume created by any mechanical, electric or electronic device.

APPLICATION

An application for an Outdoor Entertainment License.

BAR

A place of business duly licensed by the Alcoholic Beverage Control Board for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, with the option of some food service provided, including but not limited to prepackaged snacks.

BREWERY

A brewery operating under a brewery license pursuant to N.J.S.A. 33:1-10.

DECIBEL LEVEL

Unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter), as measured from an establishment's property boundary.

DISTILLERY

A distillery that has been issued, and is in compliance with, a distillery license pursuant to N.J.S.A. 33:1-10.

ESTABLISHMENT

Any commercial for-profit bar, distillery, restaurant and other food and beverage establishment.

EVENT

A performance for which an Outdoor Entertainment License has been issued.

FOOD & BEVERAGE

Food and/or beverages that are cooked, prepared, sold, served, and consumed on the business premises.

OUTDOOR

A measurement taken from any point within the property boundaries of an aggrieved party, excluding Township rights-of-way, or taken from any point outside of the commercial establishment at the discretion of the Township.

OUTDOOR ENTERTAINMENT

Any amplified live act, including vocalists, actors, dancers, floor shows, instrumentalist, recorded music played by a DJ, and live performances, including but not limited to musical performances, and the playing or projecting of any content from a recording or streaming service, for an audience of less than 500 people, that is taking place in an Outdoor Space and that is intended to be audible or that is actually audible beyond the Outdoor Space. Outdoor Entertainment shall not include non-amplified acoustic performances.

A license issued pursuant to this Section regulating Outdoor Entertainment.

OUTDOOR SPACE

A patio or deck, whether covered or uncovered, a yard, a walkway, or a parking lot, or a portion of any such space, that is located on or adjacent to the establishment, which space is owned, leased, or otherwise in the lawful control of the owner or operator of the establishment.