[Ord. No. 88-15 § 1]
As used in this section:
Shall mean all goods; wares; foods, including but not limited
to ice cream, hot dogs, sandwiches, fruits, vegetables and farm products;
magazines; periodicals; encyclopedias; vacuum cleaners, and all kinds
of articles of personal property for domestic use and orders or contracts
for service. Home improvements or alterations shall be considered
"merchandise" within the terms of this section.
Shall mean the Township of Union, Hunterdon County.
Shall mean any person who goes from place to place by traveling
on the streets and roads or from house to house carrying, conveying
or transporting goods, wares or merchandise for the purpose of selling
and delivering them to customers. The word "peddler" shall include
the words "hawker" and "huckster."
Shall mean any individual, firm, partnership, corporation,
organization, club, association or any principal or agent thereof.
Shall mean any person who goes from place to place by traveling
on the streets and roads or from house to house taking or attempting
to take orders for the sale of goods, wares and merchandise or personal
property of any nature whatsoever for future delivery or for services
to be furnished or performed in the future, whether or not such person
has, carries, or exposes for sale a sample of the object to be sold
and whether or not he/she is collecting advance payments of such sales.
The word "solicitor" shall include the word "canvasser," provided
that this definition shall not include wholesale salesmen calling
on retail merchants.
[Ord. No. 88-15 § 2]
The purpose of this section is to prevent fraud, crime and unethical
and dishonest business practices. The fees charged for the issuance
of licenses shall not be considered revenue but shall be charged for
the purpose of covering the expense of investigation and regulating
the conduct of licensees.
[Ord. No. 88-15 § 3]
Except as otherwise provided in this section, it shall be unlawful
for any solicitor, hawker or peddler to sell, lease or otherwise dispose
of or to offer to sell, lease or otherwise dispose of any goods, wares
or merchandise or to solicit orders for the performance of any service,
within the corporate limits of the Township without first obtaining
a license in compliance with the provisions of this section. The license
shall not be transferable from the person to whom issued to any other
person. A separate application shall be submitted and a separate license
obtained by a licensed solicitor, hawker or peddler for every agent
or employee working for him/her.
[Ord. No. 88-15 § 4]
The requirements of this section shall not apply to the following:
a.
Any public utility or its employees subject to regulation by the
State Board of Public Utility Commissioners, provided that such employees
shall display identification badges or cards issued by their employer.
b.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
c.
Any bona fide charitable or religious society recognized under Internal
Revenue Service regulations and located in the Township that conducts
sales of personal property when the proceeds are applied to the payment
of expenses and to the charitable or religious object for which the
society exists.
d.
Any candidate for public office or person campaigning on behalf of
such a candidate, where such candidate is seeking election to an office
to be voted upon by the residents of the Township who are duly registered
to vote in elections in accordance with the laws of the State of New
Jersey.
e.
Any person honorably discharged from the military service of the
United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 24-10.
f.
Any person who is an exempt fireman of a volunteer fire department,
as defined by N.J.S.A. 45:24-9 and 24-10, possessing a license in
conformity with the law.
g.
Any person selling fruits and farm products grown by himself/herself
on property located within the Township.
[Ord. No. 88-15 § 5]
Every applicant for a license under this section shall file
with the Municipal Clerk, at least five full working days prior to
the effective date of the requested license, a sworn written application,
in duplicate, on the form to be furnished by the Municipal Clerk,
which shall give and be accompanied by the following information:
a.
The name and description of the applicant, including driver's
license number and Social Security number.
b.
The permanent home address and full local address and telephone number
of the applicant.
c.
The business address and telephone number of the applicant.
d.
If applicant is employed, the name and address of the employer, together
with credentials establishing the exact relationship.
e.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
f.
The length of time for which the license is desired.
g.
If one or more vehicles are to be used, a description of each vehicle
and license numbers.
h.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where the goods or property are located
at the time such application is filed and the proposed method of delivery.
i.
A photograph of the applicant taken within 60 days immediately prior
to the date of application, which photograph clearly shows the head
and shoulders of the applicant and measures two-by-two inches.
j.
The fingerprints of the applicant, taken by a Police Department or
other accredited State or Federal Law Enforcement Agency.
k.
Two business references located in the County of Hunterdon, State
of New Jersey, or, in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will
enable an investigator to properly evaluate his/her character and
responsibility.
l.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor, disorderly offense or violation of any
municipal ordinance, the nature of the offense and the punishment
or penalty assessed therefor.
[Ord. No. 88-15 § 6; Ord. No. 2010-9]
At the time the application for a peddler's license is
filed, a fee of $75 shall be paid to the Municipal Clerk, to be paid
over to the Township Treasurer, to cover the cost of processing the
application and investigating the facts stated therein.
[Ord. No. 88-15 § 7]
When the application is properly filled out and signed by the
applicant, the original and duplicate shall be filed with the Municipal
Clerk. The Clerk shall make or cause to be made such investigation
of the applicant's business responsibility and moral character
as the Clerk deems necessary for the protection of the public health,
safety or welfare.
a.
Determination of application as unsatisfactory.
1.
If as a result of the investigation the applicant's character
or business responsibility is found to be unsatisfactory, the Municipal
Clerk shall endorse on the application his/her disapproval and the
reasons therefor and return the application to the applicant. Any
determination by the Clerk that an application is unsatisfactory shall
be based on one or more of the following findings with respect to
the applicant:
2.
In the absence of any such findings, the Municipal Clerk shall find
the application satisfactory.
b.
If as a result of the investigation the character and business responsibility
of the applicant are found to be satisfactory, the Municipal Clerk
shall endorse on the application his/her approval and issue a license
addressed to the applicant to conduct the business applied for.
c.
If the applicant wishes to amend his/her application subsequent to
the issuance of a license, he/she must do so in the presence of the
Municipal Clerk and in compliance with the provisions of this section.
[Ord. No. 88-15 § 8]
The license shall contain the signature of the issuing officer
and show the name, address and photograph of the licensee, the class
of license issued, the kind of goods or services to be sold, the employer
represented, the type of solicitation to be undertaken, the date of
issuance, the period of time the license shall be operative, including
the date and hour, and the license number and other identifying description
of any vehicle used in the peddling or soliciting activity licensed.
[Ord. No. 88-15 § 9]
Each holder of a peddler's or solicitor's license
issued by the Municipal Clerk under the authority of this section
or by the Clerk of the County under the authority of N.J.S.A. 45:24-9
shall be required to carry the license with him/her while engaged
within the Township in the business or activity licensed. He/she shall
produce the license at the request of any resident of the Township
with whom he/she wishes to conduct his/her business or activity.
Every licensee shall restrict his/her selling or soliciting
activity within the Township to the hours between 9:00 a.m. and 5:00
p.m. Mondays through Fridays.
[Ord. No. 88-15 § 9]
Every licensee shall keep records, which shall be available
upon request to the Municipal Clerk, of each day and time of activity,
including a statement as to the general area of the Township in which
the licensee intends to conduct or has conducted activity.
[Ord. No. 88-15 § 10]
No peddler or solicitor shall call attention to his/her business
or to his merchandise by crying out, blowing a horn, ringing a bell
other than a doorbell of a building, or by any other loud or unusual
noise. No peddler or solicitor shall conduct or attempt to conduct
his/her business at any residence or on any property on which is posted
a sign expressly prohibiting the activity.
[Ord. No. 88-15 § 11]
Every person licensed under the provisions of this section shall
be entitled to the use of one cart, wagon or other vehicle for each
license taken out by him/her and no more.
[Ord. No. 88-15 § 12]
It shall be the duty of the New Jersey State Police or any other
person appointed by the Township Committee to enforce the provisions
of this section and to require any person seen peddling or soliciting,
who is not known by the officer or person to be duly licensed, to
produce his/her peddler's or solicitor's license.
[Ord. No. 88-15 § 13]
The Municipal Clerk shall maintain a record of all licenses
issued under the provisions of this section and record therein all
convictions for violations and other pertinent circumstances and incidents
reported by any Police Officer or resident of the Township.
[Ord. No. 88-15 § 14]
a.
Licenses issued under the provisions of this section may be revoked
by the Township Committee after notice and hearing, for any of the
following causes:
1.
Fraud, misrepresentation or false statement contained in the application
for license.
2.
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed.
3.
Any violation of this section.
4.
Conviction of any crime or offense involving moral turpitude, breaking
and entering or burglary.
5.
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
b.
The licensee shall not conduct the business licensed during the time
the license has been revoked under the provisions of this section.
[Ord. No. 88-15 § 15]
Notice of hearing for revocation of a license shall be given
in writing. The notice shall set forth the specific grounds of complaint
and the time and place of hearing and shall be sent by registered
mail to the licensee at his/her last known address at least five days
prior to the date set for the hearing.
[Ord. No. 88-15 § 16]
Any person aggrieved by the action of the Municipal Clerk in the denial of a license shall have the right of appeal to the Township Committee. The appeal shall be taken by filing with the Township Committee within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in subsection 4-1.17 for notice of hearing on revocation. The decision of the Township Committee shall be final.
[Ord. No. 88-15 § 17]
Every license shall remain in force and be valid only for the
time therein expressed, which time shall be for the period applied
for, but in no event shall the period exceed one year from the date
of the issuance of the license. The license shall apply only to the
person to whom granted and shall not be transferable. Any license
may be renewed by complying with the provisions contained in this
section.
[Ord. No. 88-15 § 19
and New]
[Ord. No. 85-3 § 1,
7, 8]
Pursuant to N.J.S.A. 40:52-1, it shall be unlawful for any person
to conduct a retail food establishment, as defined in and governed
by Chapter XII of the State Sanitary Code of New Jersey, without first
having procured an annual license from the Board of Health of the
Township of Union and without complying with any or all of the provisions
concerning operation and maintenance of the same as contained in Chapter
XII of the State Sanitary Code of New Jersey. The Board of Health
of the Township shall be responsible for the administration and enforcement
of this section. No Retail Food Establishment License shall be issued
unless the retail food establishment shall have in its possession
and on display a current satisfactory inspection certificate from
the Hunterdon County Health Department, dated within 12 months of
the application for the license.
[Ord. No. 85-3 § 2; Ord. No. 88-18 § 1; Ord. No. 89-13 § 1; Ord.
No. 2002-7 § 1; Ord. No.
2003-19, § 1; Ord. No.
2010-9]
a.
For each retail food establishment as defined under N.J.A.C. 8:24-1.3,
the following categories shall be used to determine the annual license
fee for that establishment. The categories and fees shall be as follows:
1.
Category 1. For newsstands, pharmacies, liquor stores, video stores,
and other retail establishments which handle commercially prepared,
prepackaged, nonpotentially hazardous foods as an incidental part
of their business, the license fee is $125.
2.
Category 2. For Bed and Breakfasts (B&Bs) which serve full breakfasts,
and for agricultural markets (where there is no on-site food preparation)
where potentially hazardous foods are offered for sale or where grocery
food items account for 50% or more of the agricultural market's
sales area, the license fee is $125. (B&Bs which only serve continental
breakfasts and agricultural markets which only sell raw agricultural
products and an incidental amount of grocery items are exempt from
licensing and inspection fees.)
3.
Category 3. For all other retail food establishments selling potentially
hazardous foods, including mobile food vendors and vending machine
locations, the license fee shall be $250.
4.
Temporary Retail Food Establishments. For each temporary retail food
establishment as defined under N.J.A.C. 8:24-1.3, a license fee of
$100 will be charged, provided that the food establishment is operational
for a period of not more than three days. For temporary food establishments
which are operational for four or more days, a license fee of $150
will be charged.
5.
Nonprofit Organizations. In case of a bona fide nonprofit organization,
the Township Committee may waive the license fee if the County waives
the inspection fee.
b.
The licenses issued shall be effective for a period of one year commencing
on July 1 and shall be renewable for succeeding years thereafter upon
payment of the annual fee and compliance with the requirements of
this section and all other applicable laws and regulations. Applications
for Retail Food Establishment Licenses shall be on forms prescribed
by the Board of Health. The required fee shall be submitted to the
Board of Health at least 20 days prior to the date of requested issuance
or renewal.
[Ord. No. 85-3 § 3]
Any license issued under the terms and provisions of this section
may be suspended or revoked by the Board of Health of this Township
for the violation by the licensee of any provision of this section
or Chapter XII of the State Sanitary Code of New Jersey or whenever
it shall appear that the business, trade, calling, profession or occupation
of the person, firm or corporation to whom the license was issued
is conducted in a disorderly or improper manner or in violation of
any Federal, State or Township law, or that the person conducting
the retail food establishment is of an unfit character to conduct
the same, or that the purpose for which the license has been issued
is being abused to the detriment of the public, or is being used for
a purpose foreign to that for which the license was issued.
[Ord. No. 85-3 § 3]
A license issued under the terms and provision of this section
shall not be revoked, canceled or suspended until a hearing thereon
shall have been had by the Board of Health. Written notice of the
time and place of the hearing shall be served upon the licensee at
least three days prior to the date set for the hearing. Such notice
shall also contain a brief statement of the grounds to be relied upon
for revoking, canceling or suspending the license. Notice may be given
either by personal delivery thereof to the person to be notified or
be deposited in the United States Post Office in a sealed envelope,
postage prepaid, addressed to the person to be notified at the business
address appearing upon the license. At the hearing before the Board
of Health, the person aggrieved shall have an opportunity to answer
and may thereafter be heard, and, upon due consideration and deliberation
by the Board of Health, the complaint may be dismissed; or, if the
Board concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
[Ord. No. 85-3 § 3]
If any such license shall have been revoked, neither the holder
thereof nor any person acting for him/her, directly or indirectly,
shall be entitled to another license to carry on the same business
within the Township, unless the application for that license shall
be approved by the Board of Health.
[Ord. No. 85-3 § 4]
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal government.
[Ord. No. 85-3 § 5,
New]
Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5. 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.
[Ord. No. 2-3-60 § 1]
As used in this section:
Shall mean one who buys, sells, or otherwise deals in old
and second-hand metals, paper, rags, lumber, or any other old or second-hand
material commonly called junk.
Shall mean premises in which or at which materials defined
as junk are stored, having enclosed areas less than an acre in dimension.
Shall mean one who buys, sells, or otherwise deals in old
and second-hand parts of motor vehicles including vehicles to be dismantled
and not reconditioned for use.
Shall mean premises in which or at which old and second-hand
motor vehicles to be dismantled, and parts thereof are stored or dismantled
for resale as second-hand parts or junk.
[Ord. No. 2-3-60 § 2]
No person shall maintain, operate, or conduct the business of
junk dealer, junk yard, motor vehicle junk dealer, or motor vehicle
junk yard without first being licensed to do so by the Township Committee.
No person shall be licensed to carry on the business of junk
dealer or motor vehicle junk dealer unless such person shall first
establish to the satisfaction of the Township Committee that such
person has lawful use of yard and premises as prescribed by this section.
No person shall store, keep, or maintain on their property any
abandoned unregistered motor vehicle or machinery for the purpose
of resale of any part thereof, nor for the use of the person except
for the repair of other motor vehicles or other machinery owned by
such person.
[Ord. No. 2-3-60 § 3]
The number of licensed premises for the carrying on and operation
of the business of junk yard and motor vehicle junk yard is hereby
limited to two in total.
[Ord. No. 2-3-60 § 4]
Any person engaged in maintaining and operating any of the aforesaid
businesses pursuant to license granted as aforesaid, and in accordance
with the provisions of this section, and the premises to be licensed
thereunder shall be subject to the following minimum rules and regulations
which are hereinafter set forth by way of incorporation and not by
way of limitation:
a.
The premises, whether covered or uncovered, to which or at which
such business shall be carried on shall not be located nearer than
200 feet to any highway, street, road, or other public thoroughfare.
b.
No motor vehicle or junk shall be stored or dismantled within 100
feet of any dwelling, house, place of residence, church, school, auditorium,
place of public gathering or any like place except such dwelling houses
that may be situated on the licensed premises.
c.
No motor vehicle, junk or refuse matter shall be stored or dismantled
within 50 feet of any adjoining property sideline.
d.
No junk or refuse matter shall be burnt within 200 feet of any building
on adjacent property.
e.
The owner and operator of such businesses shall not burn or cause
to be burned any of the junk or refuse resulting from such operation
except on one day during each week, which day may be fixed by the
Township Committee by resolution or by regulation to be set up hereunder,
which at present is designated as either Tuesday or Thursday of each
week.
f.
The owner and operator of such businesses shall not cause or permit
to be caused, any obnoxious fumes, odor or noises to emanate from
the said businesses or premises.
g.
The owner and operator of such businesses shall not pile or store
or permit to be piled or stored any of the material therein higher
than 20 feet.
h.
Such premises shall at all times be kept and maintained by licensee
in a safe manner, with due regard to public health and safety of persons
and property in the vicinity where the licensed premises are located.
i.
All trunk doors of motor vehicles stored on licensed premises shall
be removed from the motor vehicles or be locked at all times.
j.
The area to be licensed by any one licensee shall be not more than
five acres.
[Ord. No. 2-3-60 § 5; Ord. No. 2010-9]
a.
No license for the ownership and operation of any of the businesses,
the subject of this section shall be issued for a term exceeding one
year.
b.
All licenses shall be renewable on July 1st of each and every year.
c.
Annual fees for the issuance of license for any of the above businesses
shall be charged and paid in accordance with the following schedule:
|
Junk dealer with own yard:
|
$500 per annum
|
|
Junk yard:
|
$500 per annum
|
|
Motor vehicle junk dealer with own yard:
|
$500 per annum
|
|
Motor vehicle junk yard:
|
$500 per annum
|
d.
When one of the aforesaid businesses shall be started with less than
a year remaining of the license period, there shall be a proration
of the license fee on a monthly basis.
[Ord. No. 2-3-60 § 6; Ord. No. 2-15-67 § 1]
a.
Application for license for any of the above businesses shall be
in writing, addressed to the Members of the Township Committee and
shall be filed with the Municipal Clerk at least five days prior to
the next succeeding meeting of the Township.
b.
All applications for license shall, among other things, state in
clear language the following items:
1.
Name and address of applicant and if a corporation, the names and
addresses of all officers and directors.
2.
Name and address of owner of premises.
3.
Location and size of premises for which a license is being applied
for with the drawing prepared by a licensed surveyor or engineer,
giving metes and bounds and showing the area provided for in this
section to be licensed together with roads or streets.
4.
Nature of operation to be carried on, and type of material to be
stored.
5.
Statement of distance from nearest building, and the purposes of
such buildings.
c.
Applications shall be accompanied by a certified check in the amount
of the license fee to be paid for the year.
[Ord. No. 2-3-60 § 7]
a.
All persons now carrying on the business of junk dealer, junk yard,
motor vehicle junk dealer, and/or motor vehicle junk yard shall comply
with all of the provisions of this section.
b.
Area of operation of licensed premises shall be limited at all times
to the original area designated in original license application.
[Ord. No. 2-3-60 § 8]
b.
The imposition of the penalties provided herein shall not excuse
such violation or noncompliance nor shall it permit the same to continue.
The said violation or noncompliance shall be remedied within reasonable
time after notice thereof. The continuance of the violation or noncompliance
shall constitute a separate offense for each ten-day period.
c.
A continuance of the violation and/or noncompliance shall be deemed
a nuisance, and the Township Committee shall have the right to apply
to the Courts of this State for injunctive or other relief in addition
to the penalties prescribed herein.
[Ord. No. 3-5-80, Preamble]
The operation of unregistered off-road vehicles within the Township,
including minibikes, trailbikes, motorcycles, go-carts and similar
all-terrain vehicles, as well as vehicles registered with the State
of New Jersey, upon private property without the permission of the
landowner has become increasingly prevalent, constituting an impermissible
trespass difficult to prosecute because of difficulty of identification
of the vehicle and operator.
Such operation, whether with or without permission of the landowner,
and whether registered or unregistered, in an unregulated manner,
and at unregulated hours, constitutes a public nuisance and a danger
to the health, safety and welfare of the public, as well as the operators
and drivers of such vehicles.
The unregulated and irresponsible operation of such vehicles,
which has taken place in the Township, has created noise pollution,
destruction of vegetation and other private property, erosion of local
terrain and soils and created direct threats of brush fires and other
damage to the environment.
[Ord. No. 3-5-80 § 1]
As used in this section:
Shall mean a motor-driven vehicle designed primarily for
transportation of the driver, including minibikes, trailbikes, snowmobiles,
unlicensed motorcycles, motor scooters, motor-bikes, go-carts, dune
buggies, all-terrain vehicles, or other recreational vehicles designed
primarily for transportation of the driver on other than the public
roadways. This section shall not apply to Police or other emergency
vehicles, including fire control vehicles and the like, nor to lawn
mowers, tractors, farm, lawn, garden or similar equipment when used
for purposes for which they were designed. Vehicles required to be
registered under Title 39, Motor Vehicles, of the New Jersey Statutes
Annotated, shall be regulated by that Statute and are specifically
exempted from registration under this section.
[Ord. No. 2010-9]
a.
No person shall operate an off-road vehicle on any lands, public
or private, within the Township, without first having caused the same
to be registered in accordance with the provisions hereof, unless
correctly registered with the State of New Jersey under provisions
of the Motor Vehicle Act.
b.
Off-road vehicles shall be registered by the owner with the Municipal
Clerk on forms provided by the Clerk and including the name and address
of the owner, a description of the vehicle, including its year, make,
type, model, color, horsepower and serial number, if any.
c.
Fee for Registration. Each registrant of an off-road vehicle shall
pay a fee of $10, which shall be used to defray the costs of registration
and the identification tag or sticker.
d.
In those cases where the owner of the off-road vehicle is a minor,
the registration application shall also be signed by his/her parent
or guardian, giving the parent or guardian's name and address,
their consent to the registration and their agreement of responsibility
for the operation of the vehicle according to the terms of this section,
whereupon such parent or guardian shall be subject to all of the provisions
of this section as fully as if he or she was the owner of the off-road
vehicle. The registrant shall be given a copy of this section and,
in the case of registrants who are minors, a copy shall be sent to
the parent or guardian who has signed his or her consent to the registration
application.
e.
Upon the filing of such an application and the payment of the requisite
fee, the Municipal Clerk shall issue a registration sticker or tag
made of a durable substance and containing the name of the Township
and the words "Registered Off-Road Vehicle." Such registration tags
shall be numbered in consecutive number of their issuance. The Clerk
shall note the number assigned on the application. The registration
tag shall bear the number assigned in numerals at least three inches
in height.
f.
No person shall operate an off-road vehicle in the Township unless
such registration tag is firmly affixed to the rear thereof in a stationary
position and kept in such condition so that the numerals shall be
clearly visible and facing outwards.
g.
No person shall operate an off-road vehicle in the Township unless
the registration tag displayed thereon is the registration tag issued
to that off-road vehicle.
h.
No person shall transfer or display on an off-road vehicle any facsimile
of the registration tag or any registration tag issued for any other
off-road vehicle.
i.
In the event that the identification sticker or tag is lost or becomes
illegible, a replacement shall be obtained prior to any further operation
of the off-road vehicle in the Township. A replacement fee of $1 shall
be charged.
j.
In the event that ownership of the off-road vehicle is transferred,
the new owner shall register the vehicle pursuant to the terms hereof
prior to any operation of such vehicle on any lands, public or private,
within the Township.
k.
No registration shall be required to operate an off-road vehicle
exclusively on private property by either the owner of the property,
a resident of the property, or any person who permanently resides
with the owner of the property.
[Ord. No. 3-5-80 § 3]
a.
No person shall operate an off-road vehicle, whether registered under
this section or not registered, on any lands, lanes, private roads,
private thoroughfares, driveways, fields or any other private property
within the Township without the written consent of the owner thereof
or the person having control over such place where operated, which
consent shall be in the operator's personal possession, or which
shall be exhibited to Municipal or Police officials within 48 hours.
b.
No person shall operate an off-road vehicle on any public street,
road, public place or other public property in the Township without
the approval of the public body or official having jurisdiction over
the property, in cases where such approval may be given without violation
of the New Jersey Motor Vehicle Act.
c.
No driver shall carry passengers on an off-road vehicle unless the
off-road vehicle is specifically equipped for that purpose.
d.
No person shall operate an off-road vehicle in a manner creating
loud or unusual noise so as to disturb or interfere with the peace,
quiet or health of other persons.
e.
No person shall operate an off-road vehicle in a careless, reckless
or negligent manner so as to endanger, or be likely to endanger, the
safety or the property of any person.
f.
No person shall operate an off-road vehicle between sunset and 1/2
hour after sunrise.
g.
No person shall operate an off-road vehicle in the Township without
wearing a safety helmet.
h.
No person shall operate an off-road vehicle on public or private
property in such a way as to harass, worry or disturb farm animals,
domestic livestock or wildlife or wild animals or to destroy or damage
crops or cropland.
[Ord. No. 3-5-80 § 4]
b.
Impoundment. In addition to or in lieu of the above penalties, upon
conviction of violation of any provision of this section, the Court
may order the off-road vehicle used or operated in violation of this
section to be impounded by local Police Officials for a period not
exceeding 90 days, the defendant to bear the costs of such impoundment
not exceeding the sum of $50. Upon a second or subsequent offense,
the Court may, upon conviction thereof, order the impoundment of the
off-road vehicle used or operated in violation of this section by
local Police Officers, for a period not exceeding one year, the cost
thereof to be borne by the defendant not exceeding the sum of $200.
Upon a third or a subsequent conviction of violation of this section,
the Court may order the confiscation by Police Officers of the off-road
vehicle used or operated in violation of this section.
c.
In the case of any clear and present danger to any person, including
the rider, or any property by reason of the operation of any off-road
vehicle being used or operated in violation of this section, where
the operator thereof shall fail or refuse to immediately cease and
desist from such operation presenting an imminent danger of injury
or damage, the Police Officer having jurisdiction shall immediately
impound the off-road vehicle or vehicles and shall hold same in safekeeping
pending disposition of the matter by a Court of competent jurisdiction,
the operator or operators to bear the costs and expenses of such impoundment
not to exceed the sum of $50.
[Ord. No. 2010-9]
A municipal fee in an amount equal to the amount charged by
the Legalized Games of Chance Control Commission ("LGCCC") shall be
charged for each license requested pursuant to the "Bingo Licensing
Law," N.J.S.A. 5:8-24 et seq. and the "Raffles Licensing Law," N.J.S.A.
5:8-50 et seq., and in accordance with the rules and regulations thereof.
This fee is in addition to, and separate and apart from, the fee charged
by the LGCCC.
[Ord. No. 2012-13]
As provided for by N.J.S.A. 5:8-24, et seq., and N.J.S.A. 5:8-50
et seq., qualifying organizations may conduct games of chance known
as bingo and raffles within the Township of Union.
[Ord. No. 2012-13]
No qualifying organization shall conduct a bingo or raffle without
first having applied for and received a license pursuant to State
law.
[Ord. No. 2012-13]
In accordance with N.J.A.C. 13:47-1, the issuing authority for
the Township of Union responsible for approving bingo and raffle licenses
shall be the Municipal Clerk. The Municipal Clerk shall provide a
monthly report to the Township Committee of all bingo and raffle licenses
issued in Union Township.
[Ord. No. 2012-13]
The issuing authority shall approve or deny all applications
for bingo or raffle license with due expedition after the filing of
the application. Applications must be filed with the Municipal Clerk,
together with required fees pursuant to law. The applicant shall demonstrate
in writing compliance with the provisions of all applicable laws and
regulations.
[Ord. No. 2012-13]
A bingo or raffle license may be issued for any day of the year
without limitation as provided by N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58.
[Ord. No. 2012-13]
Any person violating the provisions hereof shall be subject
to a fine of not less than $100 and incarceration in the county jail
for a term not to exceed six months.
[Ord. No. 2012-13]
The Governing Body, pursuant to N.J.S.A. 5:8-30 and N.J.S.A.
5:8-57, may suspend and revoke any issued bingo or raffle license,
after a hearing, for any violation of this section or State law. The
Governing Body may suspend the operation of a bingo or raffle pending
hearing, in which case a hearing must be held within five days after
such action. Notice of a hearing shall be served personally upon an
officer of the licensee or the member in charge of the conduct of
the bingo or raffle or sent by registered mail or certified mail to
the licensee at the address shown on the license. All decisions and
findings by the Governing Body regarding the suspension or revocation
of a bingo or raffle license shall be in writing.
