[1972 Code § 7-1.1]
The purposes of this chapter are:
a.
To provide uniform procedures for the administration of the issuance,
renewal, and revocation of all licenses issued by the Township of
Piscataway, except alcoholic beverage licenses and dog licenses.
b.
To prevent dishonest business practices by requiring persons intending
to engage in the businesses referred to in this chapter to provide
preliminary information, to be licensed, and to conform to the provisions
hereof;
c.
To prevent unfair competition among those persons engaging in the
businesses regulated by this chapter.
[1972 Code § 7-1.2]
All applications for licenses shall be accompanied by the appropriate
fee and shall be payable to the Township Clerk upon forms provided
by the Clerk. The forms shall require the following information:
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent;
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises;
c.
If a vehicle is to be used, its description including the license
number;
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship;
e.
The days of the week and the hours of the day during which the licensed
activity will be conducted;
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied;
g.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed;
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility;
i.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
[1]
Editor's Note: The general power to license and to prescribe
license fees is contained in N.J.S.A. 40:52-1, 2. Licensing is also
a part of the general police power granted by N.J.S.A. 40:69A-29,
30.
[1972 Code § 7-1.3]
Each application shall be referred to the Chief of Police or
a Police Officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character, and ability to properly conduct the licensed activity
as the Chief of Police considers necessary for the protection of the
public. The Chief shall communicate these findings to the Township
Clerk within a reasonable time after the application has been filed.
If the investigator decides that the applicant's character, ability,
or business responsibility is unsatisfactory, or that the products,
services or activity are not free from fraud, he shall disapprove
the application, in which event the Clerk shall not issue the requested
license and shall so notify the applicant. Otherwise, unless a provision
of this chapter specifically requires Council approval, the Township
Clerk shall issue the license forthwith, provided that the required
license fees have been paid. In the event that a requested license
is not issued because of a disapproval by the investigating officer,
the applicant may appeal to the Township Council for a hearing. The
appeal must be filed, in writing, with the Township Clerk within 14
days after notification of the refusal. The Township Council shall
hold its hearing within 30 days thereafter, unless the applicant agrees
to extend the time for such hearing. The Council's decision shall
be final.
[1972 Code § 7-1.4]
Licenses shall be in a form which the Township Council shall
prescribe by resolution, and shall contain the following information:
a.
The name and address of the licensee;
b.
The number and type of the license and the nature of the licensed
activity;
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location;
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle;
e.
The expiration date of the license; and
f.
Any other appropriate information which the Township Council may,
by resolution, require.
[1972 Code § 7-1.5]
The Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Council and shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Township Council may, by resolution, require.
[1972 Code § 7-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any Police Officer or any person with whom
he is doing business.
[1972 Code § 7-1.7]
Every license shall apply only to the person to whom it was
issued and shall not be transferable to another person. Licenses may
be transferred from place to place, in cases where the licensed activity
is conducted at a fixed location, but only with the approval, by resolution,
of the Township Council. The fee for the transfer of a license from
place to place shall be $100, if the transfer application is lodged
with the Township prior to July 1, and $60 if the transfer application
is lodged with the Township subsequent to June 30.
[1972 Code § 7-1.8]
Except where expressly provided otherwise, all licenses shall
expire on December 31 of the year of issue at 12:00 midnight local
time. Applications for the renewal of licenses shall be made not later
than December 1.
[1972 Code § 7-1.9]
Any license or permit issued by the Township may be revoked
by the Township Council after notice and a hearing for any of the
following causes:
a.
Fraud or misrepresentation in any application for a permit or license;
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity;
c.
A violation of any provision of this Code;
d.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude;
e.
Conduct of the licensed activity whether by the licensee himself
or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare; and
f.
Whenever a license has been issued immediately upon an application,
pending the results of the investigation provided for by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
[1972 Code § 7-1.10]
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
[1972 Code § 7-1.11]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The Township
Council shall revoke or suspend the license if the Council is satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
[1972 Code § 7-1.12]
The Township Council may issue another license to a person whose
license has been revoked or denied as provided in this section if
after hearing they are satisfied by clear and convincing evidence
that the acts which led to the revocation or denial will not occur
again; otherwise, no person whose license has been revoked or denied,
nor any person acting for him, directly or indirectly, shall be issued
another license to carry on the same activity.
[1972 Code § 7-1.13]
The Township Council may, by resolution, make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this chapter and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
[1972 Code § 7-2.1; New; Ord. No.
13-28]
No person shall sell, offer for sale, hawk or peddle in the
Township any goods, wares or merchandise, with or without a basket,
pack or bundle, without first obtaining a license. The license shall
be obtained from the Township Clerk's Office at a fee of $50, and
veterans shall pay a fee of $2.50, which is the fee for a badge.
[1972 Code § 7-2.2]
Every licensed hawker or peddler, while engaged in this occupation,
shall wear conspicuously a badge on which shall be the following words,
"Licensed, Township of Piscataway, New Jersey." The Township Clerk
shall provide the badge. Every wagon, automobile, cart or other vehicle
used shall have upon the outside thereof, in a conspicuous place,
a metal plate with the following words plainly painted thereon, "Licensed,
Township of Piscataway, New Jersey." The plate shall be provided by
the Township Clerk.
In addition to displaying the metal badge and plate as required,
a photograph of the licensee shall be attached to the license, which
photograph shall be furnished by the Police Department. The licensee
shall exhibit his/her license to any Police Officer or other person
upon request.
[1972 Code § 7-2.3]
No vendor of goods, wares, or merchandise who has obtained,
or is required to obtain, a license pursuant to this section shall
remain at any location for the purpose of selling or offering goods,
wares, or merchandise for sale for a period longer than 10 minutes.
Following the expiration of 10 minutes, the vendor will be required
to move a distance not less than 500 feet, prior to the resumption
of the sale, or offer of sale, of goods, wares, or merchandise. This
section shall not apply to the sale of goods, wares, or merchandise
from a residential location.
[1972 Code § 7-2.4]
No person licensed shall sell or offer for sale wares, goods
and merchandise except between the hours of 9:00 a.m. and sunset.
Ringing doorbells of private residents for such purpose after sunset
is prohibited.
[1972 Code § 7-2.5]
No license shall be issued pursuant to subsection 4-2.1 to any person under the age of 18 years.
[1972 Code § 7-2.6]
No license shall be issued pursuant to this section except upon
approval of the Township Council.
[1972 Code § 7-3.1]
It shall be unlawful for any solicitor, canvasser or itinerant
vendor to engage in such business within the corporate limits of the
Township without first obtaining a license therefor in compliance
with the provisions of this section.
Where the applicant had obtained a license in the prior year
and has satisfied all requirements of this section with the exception
as to clearance of fingerprints, the Chief of Police may recommend
conditional approval subject to the receipt of clearance of the applicant's
fingerprints. In such case, the Township Clerk will issue a temporary
license for a period not to exceed 120 days.
[1972 Code § 7-3.2]
As used in this section:
Shall mean any individual, traveling either by foot, wagon,
automobile, motortruck or any other type of conveyance to any house,
place or street or from house to house without prior consent and invitation
of the owner or occupant of any such house or from place to place,
or from street to street, within the Township for the purpose of canvassing,
soliciting or selling goods, wares, merchandise or personal property,
tangible or intangible, of any nature whatsoever, or canvassing, soliciting
or selling or attempting to canvass, solicit or sell services to be
furnished or performed, presently or in the future, whether or not
such individual has, carries or exposes for sale a sample of the subject
of such sale or whether he is collecting advance payments on such
sales or not, provided that such definition shall not be construed
to include any person that hires, leases, uses or occupies any building,
structure, hotel room, apartment, shop or any other place within the
Township for the sole purpose of exhibiting samples and taking orders
for the sale and delivery of such merchandise; nor shall such definition
be construed to apply to brokers or agents of insurance companies,
or to distributing food or drink for human consumption or to any person,
who by previous invitation of the owner or occupant of premises within
the Township, is directed to visit the premises of such owner or occupant
for the purpose of canvassing, soliciting or selling goods, wares,
merchandise, personal property and services, or to any person who
is licensed by the Township to canvass, solicit or sell goods, merchandise,
personal property or services of any nature whatsoever, nor to employees
of any public utility which is subject to regulation by the Board
of Public Utility Commissioners of the State of New Jersey when carrying
an identification card, badge or insignia issued by such a public
utility.
[1972 Code § 7-3.3]
In addition to the information required by subsection 4-1.2, the following information shall be provided:
a.
A brief description of the nature of the business and the goods to
be sold;
b.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
c.
The length of time for which the right to do business is desired;
and
d.
The place where the goods or property proposed to be sold, or orders
taken for sale thereof, are manufactured or produced, where such goods
or products are located at the time the application is filed and the
proposed method of delivery.
[1972 Code § 7-3.4; New; Ord. No.
13-28]
The license fee which shall be charged by the Township Clerk
for the license shall be $30 per year for the first year, and $15
per year for each year of renewal. The license shall expire on December
31 of the year in which it is issued. However, in the case of any
honorably discharged veteran, upon his compliance with the state statutes,
the fee shall be $5.
[1972 Code § 7-3.5; Ord. No. 13-28]
The Township Clerk shall issue to each licensee at the time
of delivery of his license a badge which shall contain the words "Licensed
Solicitor," the year for which the license is issued and the number
of that license, in letters and figures easily discernible from a
distance of 10 feet. During the time the licensee is engaged in soliciting,
canvassing or itinerant vending, the licensee shall wear the badge
conspicuously on the front of his outer garment.
The Township Clerk shall charge a fee of $10 for the issuance
of the required badge which fee is included in the license fee. This
fee shall be payable every time a new identification badge is requested.
[1972 Code § 7-3.6]
Solicitors, canvassers and itinerant vendors are required to
exhibit their licenses at the request of any citizen.
[1972 Code § 7-3.7]
It shall be the duty of any Police Officer of the Township to
require any person seen soliciting, canvassing or itinerant vending
and who is not known by such Officer to be duly licensed, to produce
his solicitor's license and to enforce the provisions of this section.
[1972 Code § 7-3.8; New]
The Municipal Court shall report to the Township Clerk all convictions
for violation of this section and the Township Clerk shall maintain
a record for each license issued and record the reports of violation
therein.
[1972 Code § 7-3.9]
No license shall be issued pursuant to subsection 4-3.1 to any person under the age of 18 years.
[1972 Code § 7-3.10]
No license shall be issued pursuant to this section except upon
approval of the Township Council.
[1972 Code § 7-3.11]
No person shall solicit, canvass or otherwise perform any activity described in subsection 4-3.2 except between the hours of 9:00 a.m. and sunset. Ringing doorbells of private residents for such purpose after sunset is prohibited.
[1972 Code § 7-12; New]
The occasional sale of goods, wares, or merchandise on or from
property principally used as a residence (commonly known as garage,
yard, patio, or rummage sale) is permitted, subject to and in compliance
with the following terms and condition:
a.
No
person shall accept for sale, or sell, at any such sale, any goods,
wares or merchandise from any commercial business or enterprise on
a consignment or resale basis.
b.
No
more than two such sales shall be conducted per year at any one premises.
c.
No
such sale shall take place other than between the hours of 8:00 a.m.
and 6:00 p.m. prevailing time and shall exceed two consecutive days
in duration.
d.
Any
such sale may be advertised by not more than two signs posted within
the Township, neither of which shall exceed two feet by three feet
in area. Any sign so erected shall be immediately removed at the end
of the second day upon which the sale is held. No sign erected in
accordance with this section shall be placed in such a manner so as
to constitute a traffic hazard or an impediment to safety.
e.
Notwithstanding
the previous paragraph, it shall not be a violation of this section
to advertise such sale within a classified advertisement section of
a newspaper circulating in the community, on local cable television
or in any other manner not inconsistent with this section provided
that each such advertisement reflects the limitation of hours and
days provided herein. The use of such advertisements as are described
in this paragraph shall be deemed prima facie evidence that a sale
as described herein is being conducted.
f.
No
sale shall be conducted so as to create a traffic or safety problem.
The person owning or occupying the premises at which the sale is to
be conducted, or the person conducting the sale, or both, shall take
all necessary precautions to insure that no traffic or parking problems
or trespassing onto nearby property by prospective or actual customers
of the sale shall occur.
[Added 12-14-2021 by Ord. No. 2021-41]
The occasional sale of motor vehicles on or from property principally
used as a residence is permitted, subject to and in compliance with
the following terms and condition:
a.
Such sales
shall be limited to two motor vehicles per year at any one premises.
b.
Motor vehicles
must be parked in the driveway of the property and cannot be stationed
on any grass area located in the front or side yard of the property.
c.
The "For
Sale" and all other signage must be placed inside the motor vehicle.
d.
The motor
vehicle must be registered to the property owner or a current resident
of the property.
e.
No sale
shall be conducted so as to create a traffic or safety problem. The
person owning or occupying the premises at which the sale is to be
conducted, or the person conducting the sale, or both, shall take
all necessary precautions to ensure that no traffic or parking problems
or trespassing onto nearby property by prospective or actual customers
for the purchase of the motor vehicle shall occur.
[Ord. No. 09-10 § 7-6.1]
No person shall place, use, or employ a charitable clothing
bin, for solicitation purposes, without obtaining a municipal permit.
A separate permit shall be required for each charitable clothing bin
placed, used or employed. For the purpose of this section, "solicitation"
or "solicit" shall be defined as set forth in N.J.S.A. 40:48-2.60,
as amended from time to time.
[Ord. No. 09-10 § 7-6.2;
amended 12-11-2018 by Ord. No. 18-29]
In lieu of the requirements of Subsection 4-1.2, the applicant must provide all of the information required by N.J.S.A. 40:48-2.61, as amended from time to time, on a form provided by the Zoning Officer of the Township. The Zoning Officer shall review the application form and either approve, approve with conditions, or deny the application within 20 days of receipt.
[Ord. No. 09-10 § 7-6.3;
New; Ord. No. 13-28]
The annual fee for a permit to place, use or employ a charitable
clothing bin, or any renewal thereof, shall be $300 per bin.
[Ord. No. 09-10 § 7-6.4]
Any charitable clothing bin located within the Township shall
have the following information clearly and conspicuously displayed
upon it:
a.
The name and address of the registered person that owns the bin,
and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
b.
The telephone number of the person's bona fide office and, if applicable,
the telephone number of the bona fide office of any other entity which
may share or profit from any clothing or other donations collected
via the bin;
c.
In cases when any entity other than the person who owns the bin may
share or profit from any clothing or other donations collected via
the bin, a notice, written in a clear and easily understandable manner,
indicating that clothing or other donations collected via the bin,
their proceeds, or both, may be shared, or given entirely to, an entity
other than the person who owns the bin, and identifying all such entities
which may share or profit from such donations;
d.
A statement consistent with the information provided to the appropriate
municipal agency in the most recent permit or renewal application
indicating the manner in which the person anticipates any clothing
or other donations collected via the bin would be used, sold or disbursed,
and the method by which the proceeds of collected donations would
be allocated or spent;
e.
The permit number and its date of expiration; and
f.
Any other information required under N.J.S.A. 40:48-2.61, as amended
from time to time.
[Ord. No. 09-10 § 7-6.5]
a.
The Zoning Officer of the Township shall receive and investigate,
within 30 days, any complaints from the public about any charitable
clothing bin. Whenever it appears to the Zoning Officer that a person
has engaged in, or is engaging in any act or practice in violation
of N.J.S.A. 40:48, the person who placed the bin shall be issued a
warning, stating that if the violation is not rectified or a hearing
with the appropriate municipal agency is not requested within 45 days,
the bin will be seized or removed at the expense of the person who
placed the bin, and any clothing or other donations collected via
the bin will be sold at public auction or otherwise disposed of. In
addition to any other means used to notify the person who placed the
bin, such warning shall be affixed to the exterior of the bin itself.
b.
In the event the person who placed the bin does not rectify the violation
or request a hearing within 45 days of the posting of the warning,
the Township may seize the bin, remove it, or have it removed at the
expense of the person who has placed the bin, and sell at public auction
or otherwise dispose of any clothing or other donations collected
via the bin. Any proceeds from the sale of the donations collected
via the bin shall be paid to the Chief Financial Officer of the Township.
[Ord. No. 09-10 § 7-6.6]
In addition to any other penalties or remedies authorized by
the laws of the State of New Jersey, any person who violates N.J.S.A.
40:48-2.60 et seq., which results in the seizure of the charitable
clothing bin shall be:
a.
Subject to a penalty of up to $20,000 for each violation. The Zoning
Officer may bring this action in the Municipal Court of the Township
or the Superior Court as a summary proceeding under the Penalty Enforcement
Law of 1999, N.J.S.A. 2A:58-10, et seq., and any penalty monies collected
shall be paid to the Chief Financial Officer of the municipality;
and
b.
Deemed ineligible to place, use, or employ charitable clothing bin
for solicitation purposes pursuant to N.J.S.A. 40:48-2.61. A person
disqualified from placing, using, or employing a charitable clothing
bin by violating the provisions of N.J.S.A. 40:48-2.60, et seq., may
apply to the Township Council of the Township of Piscataway to have
the person's eligibility restored. The Township Council of the Township
of Piscataway may restore the eligibility of a person who:
[1972 Code § 7-11]
Games of chance may be conducted on Sundays under licenses issued
by the Township for the holding, operating and conducting of games
of chance known as bingo and raffles pursuant to N.J.S.A. 5:8-31 and
5:8-58. Such licenses shall specifically state that the games of chance
may be conducted on Sunday. In all other respects the Sunday licenses
shall conform with the requirements of Bingo Licensing Law and the
Raffles Licensing Law.
[1972 Code § 7-8.1]
Except as to any campus of Rutgers, the State University, it
shall be unlawful to maintain, use, operate, or conduct in any public
or quasi-public place, or in any building, store, or other place wherein
the public is invited or wherein the public may enter in the Township,
or to permit such maintenance, use, operation, or conduct, of any
automatic or electronic amusement game or device of the type commonly
known and designated as automatic baseball, pinball, video machine
of the type exemplified by "Space Invaders," or any other automatic
or electronic amusement device, unless the owner of the game or device
has first obtained a license for that purpose from the Township Council.
[1972 Code § 7-8.2]
In addition to the information required by subsection 4-1.2, the following shall be provided:
[1972 Code § 7-8.3; New]
Except as provided in subsection 4-7.7, the license fee shall be $100 for each device, provided that if any license is issued after July 1 of any calendar year, the fee shall be $60 for the remainder of the year. Notwithstanding anything to the contrary contained within this chapter, each amusement license granted under the provisions hereof shall expire on January 1 of the calendar year next following the year of issuance.
[1972 Code § 7-8.4]
Each license shall be granted only after a determination by
the Township Council that the issuance of the license will not be
detrimental to the public health, safety, welfare, and morals of the
citizens of the Township. The Township Council may, if it so desires,
in its sole discretion, hold public hearings regarding the issuance
of any license requested in accordance with the provisions of this
section. The Township Council may consider such factors as the access
of the device or machine to children; the hours of operation for the
device or machine in question; the proximity of such device or machine
to a school or other public building; the number of such devices or
machines previously approved for the same premises; the degree to
which the grant of the license may create a tendency toward crowding
or loitering; and such other factors as the Council deems in accordance
with the public interest in deciding whether to grant any license
requested or whether to hold a hearing with regard to any application
for such license.
[1972 Code § 7-8.5]
No device, game or amusement licensed shall be used for purposes
of gambling, or for violating any of the ordinances of the Township
or any of the laws of the State of New Jersey or of the United States.
[1972 Code § 7-8.6]
The maintenance, use, operation, or conduct of any device, game,
or machine in violation of this section, without a license as required
shall subject the owner of the premises on which such device, game,
or machine is maintained, used, operated, or conducted to a fine within
the general jurisdictional limits of the Municipal Court of the Township.
Each day on which such device, game, or machine is maintained, used,
operated or conducted without such license may constitute a separate
violation, within the discretion of the Municipal Court of the Township.
[1972 Code § 7-8.7; New]
As to automatic baseball, pinball, video machines, or other
automatic or electronic amusement devices installed on any campus
of Rutgers, the State University, in the Township, the owner of the
devices shall pay a fee as delineated by this subsection. The owner
shall pay $750 annually to obtain licenses for the operation of such
devices on each of the two campuses of Rutgers, the State University,
within the Township, for a total of $1,500. The owner of such devices
located on the campuses of Rutgers, the State University, may apply
for and obtain in any one year licenses authorizing the operation
of not more than 50 such devices on each campus of Rutgers, the State
University. All application forms shall be submitted to the Municipal
Clerk in the same manner as heretofore. Subject to the limitation
of 50 such devices on each campus of Rutgers, the State University,
the owner of such devices may increase the number of devices on any
campus during any calendar year without any augmentation to the fees
set forth herein.
[1972 Code § 7-5.1]
No person shall operate or conduct within the Township any circus
for the public where admission for entrance is charged without first
obtaining a license.
[1972 Code § 7-5.2]
In addition to the requirements of subsection 4-1.2, the applicant must show evidence of proper insurance coverage for workmen's compensation as provided by N.J.S.A. 34:15-71, and in addition, public liability insurance in an amount determined and approved by the Township Attorney. The policies shall be approved by the Township Attorney.
[1972 Code § 7-5.3; New]
The fee shall be the sum of $100 for each day of operation provided
however if the applicant is a duly organized house of worship or a
duly organized Volunteer Fire Department or veterans organization
of the Township and the receipts are for their benefit, the fee shall
be waived.
[1972 Code § 7-5.4]
The license shall be granted by the Township Council after determining
that the issuance of the license shall not be detrimental to the health,
safety and welfare of the Township.
[Ord. No. 12-27]
It shall be unlawful for any person to solicit any passengers
or fares within the Township without first having obtained a license
from the Clerk or his designated representative.
[Ord. No. 12-27]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean and include any automobile, motor car or other
vehicle commonly called "taxi" engaged in the business of carrying
passengers for hire which is held out, announced or advertised to
operate or run over any streets or public highways of the Township,
and particularly accepts such persons as may offer themselves for
transportation within the Township. The term shall not include autobuses,
public liveries, jitneys or other such vehicles which are hired by
charter or for a particular contract agreed upon in advance or such
public conveyances as are by law subject to State or Federal regulations
exclusively.
[Ord. No. 12-27]
a.
Taxicab Owner's License.
1.
Any person desiring to obtain a license for the operation of a taxicab
or taxicabs shall make separate application in writing to the Clerk
or his designated representative for the granting of a license for
each vehicle, which application shall be made on blank forms to be
furnished by the Township and shall contain such information as may
from time to time be deemed requisite to determine the fitness of
the applicant to conduct the business and adequacy of the vehicle
and equipment to be used. Failure to fill out the application completely
and accurately will be grounds for denial. The Chief of Police shall
make a recommendation to the Township Council regarding approval/denial
of each applicant.
2.
Every applicant for this license shall be a citizen of the United
States and at least 21 years of age. No application shall be accepted
unless it is accompanied by the full amount of the required license
fee.
3.
The license when issued shall in no way be construed to permit an
owner or operator to drive or operate a taxicab without a taxicab
driver's license.
b.
Taxicab Driver's License.
1.
Each applicant for a taxicab driver's license shall be at least 21
years of age, a citizen of the United States, and the holder of a
State driver's license issued by the State of New Jersey (not a probationary
driver's license or a learners permit). The applicant's New Jersey
Driver's license must be in good standing.
2.
All applications for a taxicab driver's license shall be made in
writing to the Clerk, which applications shall be made upon blank
forms to be furnished by the Township and shall give, in addition
to the information required by this section, such further information
as may from time to time be deemed requisite to determine the fitness
of the applicant to act in the capacity specified. Each application
shall be accompanied by the full amount of the license fee as hereinafter
provided. The Chief of Police shall make a recommendation to the Township
Council regarding approval/denial of each applicant.
c.
Criminal History Record Background Check.
1.
Each operator or driver of the taxicab for which the owner thereof
is seeking the consent to operate in a municipality must submit to
the performance of a criminal history record background check annually.
The cost for the criminal history record background check, including
all costs of administering and processing the check, shall be borne
by the operator or driver of the taxicab.
2.
A person shall be disqualified from operating or driving a taxicab
if a criminal history record background check required pursuant to
this subsection reveals a record of conviction of any of the following
crimes:
(a)
In New Jersey or elsewhere any crime as follows: aggravated
assault, arson, burglary, escape, extortion, homicide, kidnapping,
robbery, aggravated sexual assault, sexual assault or endangering
the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not
armed with or having in his possession any weapon enumerated in Subsection
r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, 2C:39-4 or 2C:39-9, or other than a disorderly persons or
petty disorderly persons offense for the unlawful use, possession
or sale of a controlled dangerous substance as defined in N.J.S.A.
2C:35-2.
(b)
In any other state, territory, commonwealth, or other jurisdiction
of the United States, or any country in the world, as a result of
a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction or country is comparable to one of the crimes
enumerated in paragraph c, 2 (a).
(c)
If a person who has been convicted of one of the crimes enumerated
in paragraph c, 2 (a) and (b) can produce a certificate of rehabilitation
issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense
occurred outside New Jersey, an equivalent certificate from the jurisdiction
where the criminal offense occurred, the criminal offense shall not
disqualify the applicant from operating or driving a taxicab.
[Ord. No. 12-27]
The Township Council shall, by resolution, grant or deny the
license.
[Ord. No. 12-27]
No owner's license shall be issued until the applicant submits
the insurance policy or certificate in lieu thereof required by N.J.S.A.
48:16-3 covering the taxicab to be licensed and until the taxicab
has been thoroughly and carefully inspected by the Office of Traffic
Safety, Department of Police, and found to be in a safe, clean and
sanitary condition for the transportation of passengers. Each owner's
license issued hereunder shall state the make, model and vehicle identification
number of the car licensed and license number of the vehicle as granted
by the State of New Jersey. No owner's license shall be transferred
from one vehicle to another. Taxicab driver's licenses shall not be
transferable. All changes of residence on the part of the holder of
any license issued under this section shall be reported in writing
to the Township Clerk within three days after the change.
[Ord. No. 12-27]
[Ord. No. 12-27]
Every driver or operator when in charge of a taxicab licensed
under this section shall have in his immediate possession a valid
taxicab driver's license, which license shall be exhibited at any
time upon request by the Clerk, any member of the Township Council,
any Police Officer, any duly authorized agent of the Township or any
passenger.
[Ord. No. 12-27]
a.
The Township Council is authorized to designate by resolution or
ordinance such places in the Township as public stands for taxicabs
as if may deem expedient and proper and may give such direction regarding
the places and position to be occupied as public stands as it may
deem necessary to preserve order and promote public convenience.
b.
No vehicle which is not licensed hereunder shall occupy any part
of a public stand as so designated.
[Ord. No. 12-27]
Every taxicab while occupying space on a public stand or public
street shall be immediately available for hire. Upon request, no owner
or driver unless previously engaged shall refuse or neglect to carry
any orderly person anywhere within a radius of 10 miles of the Township.
No owner or driver shall leave his vehicle unattended, or in any manner
render the vehicle unready for immediate use while it is occupying
space within any public stand or public street.
[Ord. No. 12-27]
No passengers shall be solicited for any taxicab except by a
driver duly licensed by the Township who is operating a taxicab licensed
by the Township. No person operating such a taxicab shall permit or
allow any person other than a passenger being transported for hire
in or about such taxicab when in service as a taxicab.
[Ord. No. 12-27]
No owner or driver of any taxicab shall induce any person to
employ him by knowingly misinforming or misleading such person either
as to the time or place of the arrival or departure of any train or
bus, or as to the location of any hotel, public or private place,
nor shall any such owner or driver deceive any person, make false
misrepresentations to him or convey any passenger to any other place
or over any other route than that indicated by the passenger.
[Ord. No. 12-27]
a.
Every taxicab licensed under this section shall carry affixed therein
so that the same may be conveniently read by any passenger a card
containing the name of the owner of the vehicle and the number of
the owner's license.
b.
Every taxicab shall have painted on both sides the words "Taxi,"
"Cab" or "Taxicab" or the name of the operating owner containing the
words "Taxi," "Cab" or "Taxicab" in letters at least two inches high.
c.
Every taxicab shall also carry in such a position an electric sign
not less than four inches by eight inches by 10 inches which shall
be illuminated and shall plainly show the word "Taxi" or the owner's
name or the owner's telephone number.
d.
The owner of a taxicab shall cause to be displayed on the body of
the vehicle the taxi license number issued to that vehicle. The number
shall be three inches in height and located in the center of the rear
quarter panels on the driver and passenger sides and the rear center
line of the trunk of the vehicle. Each taxicab shall display on each
rear door of the taxicab the name of the municipality or municipalities
which have issued the taxicab a taxi license in letters three inches
in height.
[Ord. No. 12-27; Ord. No. 14-26]
a.
Rates of Fare.
1.
In all cases except for senior citizens, the fare rate for the carriage
of any passenger from the point of origin to any destination point
within a two-mile radius inside Piscataway Township is $4.75 consisting
of the basic fare of $4 and temporary fuel surcharge of $0.75 per
fare/trip for the first two passengers carried to the same designation
point at the same time and $0.50 for each additional passenger carried
to the same destination at the same time. From the point of origin
to any destination point outside the two-mile radius from the place
of origin and being inside Piscataway Township, the rate is $5.50
consisting of the basic fare of $4.75 and temporary fuel surcharge
of $0.75 per fare/trip for the first two passengers carried to the
same designation point at the same time and $0.50 for each additional
passenger carried to the same destination at the same time.
2.
In the case of senior citizens, where the senior citizen displays
proof that he or she is 65 years of age or over or displays a valid
senior citizen identification card, the fare for these qualified individuals
is anywhere within the township limits, $4 per fare/trip for the first
two senior citizens passengers carried to the same designation point
at the same time and $0.50 for each additional passenger carried to
the same destination at the same time. This senior citizen exemption
is allowed due to the fixed incomes that many senior citizens must
live on.
3.
No additional fare or charge may be charged or collected for the
carriage of a wheelchair in possession of a disabled person who is
a passenger in the taxicab or for use of a child's car seat.
4.
The following schedule of the approved rates shall be displayed in
the taxicab in a manner so as to be easily read by all passengers:
|
Piscataway Township Taxi Rate
|
Fare
|
|---|---|
|
Within 2 Mile Radius inside Piscataway Township
|
$4.75
|
|
Outside 2 Mile Radius inside Piscataway Township
|
$5.50
|
|
Senior Citizen with proof that they are 65 years of age or over
|
$4
|
|
Over 2 passengers
|
$0.50 each passenger
|
[Ord. No. 12-27]
The number of taxicab licenses authorized to be issued under
the provision of this section shall be limited to one such license
for each 3,000 residents of the Township as determined by the latest
Federal census.
[Ord. No. 12-27]
Any license may be revoked or suspended at any time for cause.
When so suspended or revoked, such license shall not be reissued except
for good and sufficient reason shown.
[Ord. No. 12-27]
The Clerk may make such rules and regulation in relation to
the operation of taxicabs and the conduct of the operators thereof
as he may from time to time determine to be necessary and proper in
the best interest of the citizens of the Township. Any violation of
such rules and regulations shall constitute a violation of this section.
Such rules and regulations shall not become effective until 48 hours
after they have been promulgated and posted in a conspicuous place
in the Township Hall and copies thereof mailed to the current holders
of taxicab owners' and taxicab drivers' licenses.
[Ord. No. 12-27]
a.
All owners and drivers must be in compliance with Title 39.
b.
Any person or persons, firms, corporations or other organizations
found to be in violation of any of the provisions of this section
shall upon conviction thereof in Municipal Court, in addition to the
penalties provided by N.J.S.A. 48:16-22, pay a fine of not less than
$50 and no more than $100 for the first offense and for each subsequent
offense shall, upon conviction, pay a fine not to exceed $500. Upon
failure to pay such fine, such person shall be liable to imprisonment
for a term not to exceed 30 days.
[1972 Code § 7-13.1; Ord. No. 2016-41; Ord. No. 2017-36; amended 5-2-2023 by Ord. No. 2023-14]
As used in this section:
Shall mean the driving of a "wrecker" to and from any Township
street for the purpose of soliciting business in the Township.
Shall apply when the towing services are required and the
time of the call for service is between 6:00 a.m. and 6:00 p.m., Monday
through Friday, except on New Jersey State holidays.
[Ord. No. 2017-36]
Shall mean a passenger car, lightweight truck, motorcycle,
ATV or motor driven cycle.
Shall mean all vehicles less than 12,500 pounds including
pickup trucks, sport utility vehicles, motorcycles and trailers.
Shall mean an occurrence in which a passenger automobile,
light truck, motorcycle, ATV or motor driven cycle comes in contact
with any other object or that is damaged by vandalism or fire, for
which the passenger automobile, light truck, motorcycle, ATV or motor
driven cycle must be towed or removed for placement in a storage facility.
Shall apply when towing services are required at the scene
of an automobile accident at times not stated in the definition of
"day rate."
Shall mean and include the owner, agent or permissive user
of the vehicle.
Shall mean an automobile storage facility that is not indoors
and is secured by a fence, wall or man-made barrier that is at least
six feet high. Such facilities will be equipped with, and required
to use, a functioning surveillance system.
[Ord. No. 2017-36]
Shall mean an automobile storage facility that is not indoors
and is not secured by a fence, wall or other man-made barrier, and
all other storage facilities not defined in this section as inside
or outside secured.
Shall mean owned, rented or leased.
Shall mean any individual, sole proprietorship, firm partnership,
association, corporation or other organization, and the singular or
plural, masculine, feminine or neuter thereof, unless the contrary
is clearly expressed.
Shall mean the process of moving a motor vehicle from off
the roadway by the use of additional chains, nylon slings and additional
lengths of winch cable from a position that is not accessible for
direct hook up by conventional means for towing and/or loading onto
a tow vehicle. Winching is not pulling a vehicle onto a flatbed carrier
or lifting a motor vehicle by conventional means (tow sling, wheel
left, etc.). Winching is only appropriate when a vehicle is in a ditch
or must be uprighted due to a roll-over onto the roof of the vehicle.
[Ord. No. 2017-36]
Shall mean a vehicle used for the purpose of towing, transporting
or otherwise removing any and all kinds of vehicles which are disabled.
[1972 Code § 7-13.2; Ord. No. 2016-41; Ord. No. 2017-36]
All approvals issued under this section shall expire on December
31, or until such time as the approval of licenses for the next calendar
year is completed, next succeeding the date of issue unless sooner
suspended or revoked as hereinafter provided.
[1972 Code § 7-13.3; New; Ord.
No. 13-28; Ord. No. 2016-41; Ord. No. 2017-36]
The fee for approval issued hereunder shall be $600 for each
applicant engaged in vehicle towing and wrecking service per year;
the fee for any such license issued on or after August 1 of any year
shall be $300 for the balance of the calendar year of issue. All fees
shall be payable to the Municipal Clerk of the Township. Any applicant
wishing to provide light and heavy duty towing services must fill
out two separate applications and pay two separate fees of $600 each.
[1972 Code § 7-13.4; Ord. No. 2016-41; Ord. No. 2017-36; amended 5-2-2023 by Ord. No. 2023-14]
Application for approval issued hereunder shall be made upon
forms prepared and made available by the Director of Public Safety
or his/her designee and shall require the applicant to state under
oath:
a.
The name, home address and proposed or actual business address of
the applicant, and whether the applicant is owner, lessee or bailee;
b.
Description of a minimum of two wreckers to be approved, including
year, make, model, type and serial number of body; and
c.
Certification that the applicant has available space for properly
accommodating and protecting all disabled motor vehicles to be towed
or otherwise removed from the place where they are disabled, consistent
with municipal zoning laws, and that the disabled vehicles will not
be stored or allowed to remain on public property or Township streets
or on property not zoned for such storage.
d.
An original certificate of insurance for each of the insured motor
vehicles that are to be utilized by the applicant.
e.
Photocopies of all registrations of every tow vehicle to be operated
by applicant (if the tow vehicle is leased, the applicant is required
to submit a lease agreement).
f.
Photocopies of all towing vehicle operators' current driver's licenses
as well as photocopies of drivers towing certificates and certifications
(these are to be attached to the operator's individual application).
g.
Names, addresses and telephone numbers of any lien holder on the
principal location.
h.
A complete criminal history background check for the applicant, drivers,
and all agents and employees of applicant.
i.
Employer will receive the criminal history results and attach said
results to the completed application (https://www.njportal.com/njsp/criminalrecords/).
j.
Proof of a minimum of five years towing experience.
k.
Copies of the equipment manufacturer's specifications for each piece
of equipment.
l.
The case name, docket number, date of filing and, if applicable,
date of judgment of any litigation involving the applicant that took
place in the last five years.
m.
A Memorandum of Understanding regarding towing services for Township
Police Vehicles.
n.
A Vehicle Release Policy (vehicle release forms can be obtained from
the Township Police Records Department.
o.
Proof of DOT Numbers for all wreckers with a Gross Vehicle Weight
Rating (GVWR) of at least 10,001 pounds (Per Federal Motor Carrier
Safety Administration § 390.5).
p.
Proof of valid Amber Light Permits.
q.
That applicant was not in violation of their wrecker duties in any
and all of the previous years they provided services for the Township.
r.
Proof that the applicant currently accepts two major credit cards
for payment purposes.
[1972 Code § 7-13.5; Ord. No. 2016-41; Ord. No. 2017-36]
The following procedure shall be followed with respect to the
acceptance of applications and investigation:
a.
The Director of Public Safety or his/her designee will distribute
applications for the next calendar year to all current approved wreckers.
b.
(Reserved)
c.
Following the receipt of the applications, the Director of Public
Safety or his/her designee shall cause an investigation to be made
of the applicant and of his proposed business operation. The inspection
of the wrecker shall be conducted by the Traffic Safety Section which
shall report to the Director of Public Safety or his/her designee
as to whether the applicant meets the requirements and standards of
4-12.4 and 4-12.6. Following the investigation, the Director of Public
Safety or his/her designee shall either recommend approval or denial
to the Governing Body.
[1972 Code § 7-13.6; Ord. No. 2016-41; Ord. No. 2017-36; amended 5-2-2023 by Ord. No. 2023-14]
The Township Council shall authorize the issuance of an approval
upon making the following findings:
a.
That the public convenience and necessity will be served by the use
of the wrecker for which application has been made, which determination
is at the sole discretion of the Director of Public Safety or his/her
designee.
b.
That the wrecker to be approved is safe and adequate.
c.
That the requirements of this section and all other governing laws,
statutes, and ordinances have been met.
d.
That the wrecker has been properly licensed and inspected by the
State of New Jersey.
e.
That the insurance policies or certificates required by this section
have been produced and supplied.
f.
That the business to be approved maintains secured storage spaces
for all towed motor vehicles.
g.
That the applicant has certified that it will be available on a twenty-four
hour basis when on call, will respond within a 20 minute time period
to the site of where towing services are needed, and will have a minimum
of two operable wreckers and two drivers available when on call.
h.
That each wrecker/tow vehicle is equipped with the necessary equipment
and/or material to perform any required street cleanup or debris removal
from an accident scene.
i.
That the applicant currently accepts at least two major credit cards
for payment purposes.
j.
That there are no other reasons resulting from the investigation,
background check or inaccuracies in the application which might lead
to disapproval.
[1972 Code § 7-13.7; Ord. No. 2016-41]
Following authorization of approval by the Township Council,
receipts of payment from the applicant of the proper application fee
for each wrecker approval, and receipt of insurance policies approved
by the Township Attorney, the Municipal Clerk of the Township of Piscataway
shall issue a rotation wrecker approval. Any applicant denied an application
shall, upon request, be afforded a public hearing.
[Reserved by Ord. No. 2016-41]
[1972 Code § 7-13.9; New; Ord.
No. 2016-41]
a.
Hold Harmless. The owner and/or operator of the wrecker 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,
fees, costs, expenses, fines or penalties to which the Township may
be subjected of any kind and nature whatsoever resulting from, caused
by, arising out of or as a consequence of the provisions of towing,
wrecking, storage and/or emergency services provided at the request
of the Township pursuant to this section. Official wreckers shall
enter into a hold harmless agreement in a form prepared by the Township
Director of Law prior to being included on the official wrecker's
list.
b.
Insurance. The owner of each licensed wrecker shall maintain, during
the life of the approval, insurance policies of the type and with
the minimum limits indicated below and in a form satisfactory to the
Township. The owner and/or operator of each approved wrecker shall
provide a certified copy of the policies and/or certificates of insurance
satisfactory to the Township prior to commencement of work. All policies
and/or certificates shall be submitted to the Township risk management
consultant 30 days in advance of work by the owner and/or operator
of a wrecker, for review and approval.
1.
Garage Liability Insurance. Limit of liability insurance shall not
be less than $500,000 combined single limit (bodily injury and property
damage) per occurrence, including premises operations and products/completed
operations.
2.
Automobile Liability Insurance. Limit of liability shall not be less
than $500,000 combined single limit (bodily injury and property damage)
per occurrence.
3.
Garagekeepers 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 owner of the wrecker. Limit on said coverage
shall not be less than $100,000.
4.
Excess Umbrella Insurance. Limit of liability shall not be less than
$1,000,000 providing protection in excess of $500,000 garage and auto
liability coverage. Note: this requirement may be waived if the limits
of liability in paragraphs b1 and 2 and are not less than $1,000,000
combined single limit.
5.
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.
6.
Workers Compensation Insurance. New Jersey statutory coverage, including
employers liability coverage.
7.
Each insurance policy or certificate of insurance 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 by the insurance company
of the owner and/or operator of the wrecker except that 10 days prior
written notice shall have been given in the event of cancelation due
to nonpayment of premium (hereinafter the "wrecker's insurance company").
8.
The providing of any insurance required herein does not relieve the
wrecker of any of the responsibilities or obligations assumed by the
owner of the wrecker for which the owner of the wrecker may be liable
by law or otherwise.
9.
If any policies contain deductible or co-payments, it shall be the
responsibility of the owner and/or operator of the wrecker to pay
such sums at the same time a claim is settled by the wrecker's insurance
company.
10.
If any policies contain limits of liability with an aggregate limit,
the owner and/or operator of the wrecker or the wrecker'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.
11.
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the license and shall cause
an immediate termination thereof.
12.
All policies shall be written in 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 A-VII (A minus seven). They shall
be written on an ISO (insurance services office) form or better.
[1972 Code § 7-13.10; Ord. No.
2016-41; Ord. No. 2017-36]
No person shall be liable to any person who tows or stores a
private passenger automobile which was damaged in an accident or recovered
after being reported stolen for any fees in excess of those permitted
by the towing and storage fees schedule contained herein and in accordance
with N.J.A.C. 11:3-38.4; and
a.
The fees set forth for towing and storage are the maximum rates allowed
for a vehicle towed by a tow vehicle as a result of an accident or
theft recovery or crime investigation. There shall be no additional
charges other than those provided in this section in accordance with
N.J.A.C. 11:3-38, including but not limited to flat-bedding, waiting
time, winching, uprighting, cleanup cost, and additional labor.
[Ord. No. 2017-36]
b.
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job and return,
by way of the shortest available route and shall be rounded up to
the nearest whole number.
c.
The fees set by this section are for basic towing services. Basic
towing services are defined as the removal and transportation of an
automobile from a highway, street or other public or private road
or parking area, or from a storage facility. It 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 with the right-of-way
or berm in accordance with N.J.A.C. 11:3-38.1(b) which allows tow
operators to charge additional fees for these non-basic towing services.
[1972 Code § 7-13.11; Ord. No.
05-39; Ord. No. 09-02 § 7-13.11; Ord. No. 19-04; Ord. No. 13-08; Ord. No. 2016-41; Ord. No. 2017-36; amended 5-2-2023 by Ord. No. 2023-14]
Charges for the transportation, hauling or servicing of disabled
vehicles by any approved wrecker shall not exceed the following rates:
a.
Light Duty Towing Rates.
1.
Towing Service.
(a)
Rate.
|
From 6:00 a.m. to 6:00 p.m.
|
$135
|
|
From 6:01 p.m. to 5:59 a.m. and weekends and holidays
|
$145
|
2.
Mileage.
(a)
$5 per mile (one-way) outside the Township when the wrecker
agrees to tow outside the Township. The wrecker shall have a duty
to advise of the fee prior to commencing any tow outside the Township.
3.
Daily Storage Rate.
(a)
Inside Storage Facility: $75.
(b)
Outside Storage Facility: $35.
(c)
All storage rates per day, billable in six hour increments starting
after the first 24 hours that a vehicle has been stored. No storage
fee shall apply to any vehicle retrieved in the first 24 hours.
(d)
Storage fees shall be limited to $1,500 per motor vehicle stored
regardless of the duration of storage, as determined by the Director
of Public Safety or their designee.
[Ord. No. 2017-36]
(e)
Storage fees will be waived if the towing request is to bring
the motor vehicle into the Township Police headquarters to secure
it for a search warrant.
(f)
Any vehicle that is in good condition (i.e. no broken windows,
no missing doors or shattered windshields) must be stored outside.
If a vehicle is determined not to be in such a condition the towing
company must state, within their invoice and log book, why the vehicle
must be stored inside.
[Ord. No. 2017-36]
4.
A fee of $30 per call shall be permitted in the event a wrecker is
required to utilize Speedy Dry or an equivalent product. In the event
a fee for the use of Speedy Dry or an equivalent product is charged,
said charge must be itemized on the invoice for the towing services.
No other discretionary fees such as administrative fee, cleanup fee
or wait time fees shall be charged.
5.
Multiple Vehicle Tows. Tow vehicles transporting multiple passenger
cars at one time shall receive the applicable fees for each vehicle
transported.
6.
If a vehicle is in a ditch; must be uprighted due to a roll-over
onto the roof of the vehicle; or the vehicle requires services, other
than flat-bedding, waiting time, winching, or clean-up of the roadway,
which services are in addition to and apart from the simple act of
towing, the licensee may impose a reasonable additional charge which
cannot exceed the basic towing fee. (For example: Vehicle in a ditch
— $135; charge for tow — up to an additional $135; for
a total maximum charge of $270.)
7.
Additional Services. Wreckers shall have the right to charge for
the following services, but shall not exceed the following rates:
[Ord. No. 2017-36]
8.
There shall be no charge for towing or tire changing services for
Piscataway Township Police Department vehicles.
b.
Heavy Duty Towing Rates.
1.
Towing Service.
(a)
Rate.
|
Conventional Tows:
| |
|
12,500 lbs. to 25,000 lbs.
|
$192.50
|
|
25,001 lbs. to 55,000 lbs.
|
$330
|
|
55,001 lbs. to 80,000 lbs.
|
$495
|
|
Bus/Coach
|
$495
|
|
Weekdays from 6:01 p.m. to 5:59 a.m., weekends and holidays
Additional Fee
|
$82.50
|
|
Extra Heavy Duty Tilt Bed Low-Boy (Tractor & Trailer)
|
$385 per hour
|
2.
Mileage.
(a)
$5 per mile (one-way) outside the Township when the wrecker
agrees to tow outside the Township. The wrecker shall have a duty
to advise of the fee prior to commencing any tow outside the Township.
3.
Daily Storage Rate.
(a)
Tractor: $55.
(b)
Trailer: $55.
(c)
Bus: $82.50.
(d)
Tractor Trailer: $82.50.
(e)
All storage rates per day, billable in six hour increments starting
after the first 24 hours that a vehicle has been stored. No storage
fee shall apply to any vehicle retrieved in the first 24 hours.
(f)
Storage fees shall be limited to $3,000 per motor vehicle stored
regardless of the duration of storage, as determined by the Director
of Public Safety or his designee.
[Ord. No. 2017-36]
(g)
Storage fees will be waived if the towing request is to bring
the motor vehicle into the Township Police headquarters to secure
it for a search warrant.
4.
A fee of $30 per call shall be permitted in the event a wrecker is
required to utilize Speedy Dry or an equivalent product. In the event
a fee for the use of Speedy Dry or an equivalent product is charged,
said charge must be itemized on the invoice for the towing services.
No other discretionary fees such as administrative fee, cleanup fee
or wait time fees shall be charged.
5.
Multiple Vehicle Tows. Tow vehicles transporting multiple passenger
cars at one time shall receive the applicable fees for each vehicle
transported.
6.
If a vehicle is in a ditch; must be uprighted due to a roll-over
onto the roof of the vehicle; or the vehicle requires services, other
than flat-bedding, waiting time, winching, or clean-up of the roadway,
which services are in addition to and apart from the simple act of
towing, the licensee may impose a reasonable additional charge which
cannot exceed the basic towing fee (For example: Bus in a ditch —
$495; Charge for Tow — up to an additional $495; for a total
maximum charge of $990.
7.
Additional Services. Wreckers shall have the right to charge for
the following services, but shall not exceed the following rates:
(a)
Winching: $385.
(b)
Remove Bumper: $33.
(c)
Connect Air Line: $27.50.
(d)
Remove Axle: $27.50 per hour.
(e)
Remove Drive Shaft: $38.50.
(f)
Remove Air Scoop: $49.50.
(g)
Remove Exhaust Pipes: $33.
(h)
Cage Brake Chamber: $27.50 per hour.
(i)
Extra men: $88 per hour, per man.
(j)
Unreasonable Fees. No wrecker shall charge an unreasonable fee
for their services. Fees shall be presumed to be unreasonable if they
exceed 25% of the usual and customary fee charged for consensual towing
and related storage.
[1972 Code § 7-13.12; Ord. No.
2016-41]
No person shall operate a wrecker who is under the age of 18
years and who does not possess a New Jersey license to operate the
specific vehicle type.
[1972 Code § 7-13.13; Ord. No.
2016-41; Ord. No. 2017-36; amended 5-2-2023 by Ord. No. 2023-14]
a.
No approved towing operator shall solicit, demand or receive from any person, any pay, commission or employment whatever, except the proper fee authorized for transporting the disabled or damaged vehicle in accordance with the Schedule of Service Rates/Storage Rates listed in subsection 4-12.11, in accordance with N.J.A.C. 11:3-38.6.
b.
An approved towing operator shall keep and maintain towing equipment
which is adequate to perform such towing in reasonably workmanlike
manner.
c.
Each approved towing operator shall record in a book kept solely
for such purpose the details of each vehicle towed in the Township
of Piscataway, serviced or transported by him or his designee or servants
or employees, together with full information concerning the details
surrounding the hire, the name of the owner of the towed vehicle and
of the patron engaging him, which book shall be kept open for inspection
at all times to a duly authorized representative of the Police Department
of the Township.
d.
Each approved towing operator must adhere to all State Laws and regulations
governing towing services.
e.
Each approved towing operator shall treat vehicle owners, operators
and passengers courteously.
f.
Each approved towing operator shall require that the driver of a
wrecker shall provide each customer with a receipt showing all fees
paid by that customer.
g.
Each approved towing operator shall be available on a twenty-four
hour basis when on call and shall respond reasonably promptly to each
call.
h.
In addition to the services outlined above, towing operators shall
also be required to furnish extra towing equipment and service during
storm periods, periods of snow emergencies, traffic emergencies, disasters
and for any other reason when so designated by the Director of Public
Safety or his/her duly authorized representative. During times of
any emergency, the Township, through the Office of Emergency Management,
may designate temporary areas owned or leased by the Township for
storage of disabled vehicles. During emergencies, towing operators
employed pursuant to this paragraph shall be entitled to make regular
charges to the owners of the vehicles so removed.
i.
Each approved towing operator must permit retrieval of a vehicle
by any authorized party, including but not limited to an insurance
adjuster, the owner or the owner's designee.
j.
Each approved towing operator shall provide towing services and shall
change tires on vehicles maintained by the Piscataway Township Police
Department.
k.
Each towing operator must make the stored vehicles available for
pickup between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday.
l.
Every towing operator shall give the owner of the vehicle a written
receipt for the fee paid, when requested, in accordance with the rates
posted for the services which are required or directed to be rendered.
m.
Each towing operator must display an exterior sign that is clearly
identifiable and visible from 25 feet away from the property line.
Said sign shall include the towing operators contact phone number
and hours of operation.
[Ord. No. 2017-36]
n.
Each towing operator shall display, at the cashiers counter, a clearly
visible sign that shall include the Township of Piscataway storage
fees and rates pursuant to this section and shall also include the
contact number for the Township of Piscataway Police Department for
any complaints.
[Ord. No. 2017-36]
o.
Under no circumstances shall any wrecker service driver or representative
distribute to any other individual or post on social media or the
internet any image of a scene they are called to while they are working
on behalf of the Township.
[Added 5-2-2023 by Ord. No. 2023-14]
p.
Each towing operator shall promptly email a copy of the invoice or
receipt to the Township Police Department Traffic Unit upon the release
of any vehicle towed while working on behalf of the Township. The
invoice or receipt shall bear the signature of the person to whom
the vehicle was released.
[Added 5-2-2023 by Ord. No. 2023-14]
[1972 Code § 7-13.14; Ord. No.
2016-41; Ord. No. 2017-36; amended 5-2-2023 by Ord. No. 2023-14]
a.
Approved
towing operators performing towing services at the request of the
Township shall be called on a rotating basis by the Township Police
Department, which will maintain the list of approved towing operators
and shall designate that approved towing operator to be on call. Each
day one approved towing operator will be on call. The following day,
the next approved towing operator on the list will be on call for
that day. When the last name on the list is reached, the next approved
towing operators to be on call will be the first name on the list.
Notwithstanding the above, should the owner or driver of a disabled
vehicle indicate a choice of a specific approved towing operator,
that approved towing operator shall be called and no other approved
towing operator shall be called from the rotation list. No approved
towing operator shall respond to the scene of an accident except upon
notification by the police officer in charge at Police Headquarters
or upon request of the driver or owner of a disabled vehicle. Cruising
is expressly forbidden by this section. When the owner or driver of
a disabled vehicle indicates a choice of a specific approved towing
operator, that approved towing operator shall be called and no wrecker
shall be assigned from the rotating list.
b.
Such
additional rules and regulations regarding the rotation of wreckers
as may be hereafter promulgated by the Township Council shall take
effect immediately after service of a copy thereof on approved towing
operator in the Township. Service upon an approved towing operator
may be made by sending by ordinary mail a copy of the additional rules
and regulations to the approved towing operator's business address.
c.
Nothing
in this section shall prevent the owner, lessee, agent or driver of
a vehicle which is disabled, from calling a wrecker of his choice
to remove his vehicle.
d.
When
dealing with a serious or fatal motor vehicle accident the responding
towing company will be chosen at the discretion of the Middlesex County
Prosecutor's office. The Township has no discretion regarding same.
e.
All wreckers
are required to respond to calls regarding the towing of abandoned
vehicles.
[Amended 5-2-2023 by Ord. No. 2023-14]
f.
When
dealing with an act of God, such as a potential winter storm, or other
emergency at the Township’s sole determination, the on-call
towing company shall, at the Township’s request, station a tow
truck, manned by a driver, within the confines of the Township. Said
towing company will be notified at least 12 hours, but not more than
24 hours, prior to the implementation of said requirement. If the
towing company’s services are no longer required during the
requested time period, the Township of Piscataway, at its own discretion,
will release said towing company from its requirement. This requirement
will be enforceable starting January 1, 2020.
[Added 6-6-2019 by Ord.
No. 19-15]
[1972 Code § 7-13.15; Ord. No.
2016-41]
The number of wreckers to be approved within the Township shall
be determined by the Director of Public Safety or his/her designee.
In determining the number of approvals to be issued, the Director
or designee shall take into account any of the following factors:
a.
The number of approvals previously issued per year;
b.
The geographic location of applicants;
c.
The time factor in determining response to a call;
d.
Whether an increased number is required to better serve the public;
e.
Whether an increased number will deleteriously affect service in
any way; and
f.
Any other factors which in his opinion will affect the public in
general and motorists in particular.
[Ord. No. 2016-41]
a.
The Police Department generally, and the Director of Public Safety
or his/her designee particularly, are hereby designated as the supervising
authorities to enforce the provisions of this section.
b.
Suspension. The Director of Public Safety or his/her designee is
hereby empowered to temporarily suspend for cause any towing operator's
approval and rights to operate thereunder.
1.
Grounds for Suspension. Violations of any provisions of this section,
any other applicable law, regulation, or Township ordinance, illegal,
improper, or fraudulent activity, or substandard performance or service
shall constitute grounds for suspension. Three separate violations,
arising from three separate incidents, will result in automatic suspension
for a temporary period.
2.
Procedure for Suspension. Upon a determination that appropriate grounds exist and that suspension is warranted, the Director of Public Safety or his/her designee shall issue written notice thereof to the offending tower. The notice shall advise of the suspension, state the basis and duration thereof, establish the conditions for reinstatement, and inform the offending tower of the right to appeal the suspension in accordance with subsection 4-12.17.
3.
Consequences of Suspension. Suspended towers must immediately cease
all towing operations for the Township until reinstatement.
4.
Reinstatement. Suspended towers may be reinstated only after the
violations leading to the suspension have, in the determination of
the Director of Public Safety or his/her designee, been cured or appropriately
rectified.
c.
Revocation. Towing approvals may be revoked by resolution of the
Township Council upon written recommendation from the Director of
Public Safety or his/her designee that an approved tower is no longer
qualified, capable, or competent to serve based on the requirements
of this chapter.
1.
Grounds for Revocation. Repeated or egregious violations of any provisions
of this chapter, any other applicable law, regulation, or Township
ordinance, illegal, improper, or fraudulent activity, or substandard
performance or service shall constitute grounds for suspension.
2.
Procedure for Revocation. Upon a determination that appropriate grounds exist and that revocation is warranted, the Director of Public Safety or his/her designee shall so report to the Township Council in writing. If the Township Council agrees that revocation is appropriate, it shall adopt a resolution to that effect, which shall state the basis for revocation. The Director of Public Safety or his/her designee shall thereafter provide written notice thereof, along with a copy of the resolution, to the offending tower. The notice shall advise the tower of the right to appeal the revocation in accordance with subsection 4-12.17.
3.
Consequences of revocation. Following revocation, towers must immediately
and indefinitely cease all towing operations for the Township.
[Ord. No. 2016-41]
a.
Right to Appeal. The rejection of a towing application submitted,
or suspension or revocation of a towing approval issued, pursuant
to this section may be appealed to the Piscataway Township Director
of Public Safety or his/her designee.
b.
Time for Appeal. Appeals must be filed not later than 45 days from
the date of the rejection, suspension, or revocation challenged.
c.
Procedure for Appeal. Requests for an appeal must be timely submitted
in writing to the Director of Public Safety or his/her designee. The
request must clearly identify the action challenged and include a
statement of reasons in support of reversal. The appeal may be decided
on the written record or a formal hearing may conducted, which must
be specifically requested. Upon receiving such a request, the Director
of Public Safety or his/her designee shall, within reasonable time,
schedule a mutually agreeable date for a hearing.
d.
Conduct of Hearing. The hearing authorized by this section shall
be conducted before a three person panel composed as follows:
e.
Disposition of Appeal. After reviewing the aggrieved tower's written
submissions and the record of the formal hearing, if any, the panel
shall issue a written decision upholding, reversing, or modifying
the original determination.
1.
If the panel recommends a reversal of a rejection or revocation,
its decision shall be forwarded to the Township Council which, if
in agreement, shall adopt a resolution to that effect. Notice of the
reversal, together with a copy of the panel's decision and Township
Council resolution, shall be sent to the aggrieved party.
2.
If the panel recommends reversal or modification of a suspension,
it shall so notify the aggrieved party. The notice shall include a
copy of the panel's decision and state the conditions for reinstatement,
if any.
3.
If the original determination is upheld, the panel shall so notify
the aggrieved party and provide a copy of its written decision.
[1972 Code § 7-13.16; Ord. No.
2016-41]
Any person who violates any provision of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5.
Additionally, certain violators may be subject to a claim made
by the Commissioner of Insurance in accordance with N.J.S.A. 17:33A-5,
the Insurance Fraud Prevention Act.
[1972 Code § 7-14.1; New]
The Township Council finds and determines as follows:
a.
The Township frequently receives requests from various business entities
engaged in fiber optic and other cable communications industries seeking
the Township's approval for the use of rights-of-way, streets, other
municipally-owned property and, in some instances, existing easements
which previously have been granted by the Township to public utilities
for the purpose of installing overhead and/or underground cables,
conduits, wires and similar equipment. In the instances involving
previously granted easements granted to public utilities, such easements
typically were granted many years ago for nominal consideration.
b.
Such requests appear to be a part of the Information Super-Highway
Network forecast for our Country.
c.
Requests of the kind described involve substantial review by the
Township Engineer and the Department of Law before approvals can be
granted, often involve the excavation of streets, the provision of
additional Police services during installation with the concomitant
disruption of traffic and public inconvenience and also involve additional
time and expense for inspection and expense arising out of potential
liability.
d.
The Township desires to be supportive of the emerging innovative
technology that fiber optic and other cable offers to its users, but
not at the expense of burdening Township taxpayers.
e.
The imposition of a reasonable annual fee for approvals, licenses,
permits or subeasements which are approved and granted will balance
the needs of the businesses and of the Township and its taxpayers
and promote the public safety and welfare.
[1972 Code § 7-14; Ord. No. 04-48; Ord. No. 08-08; New; Ord. No. 12-11; Ord. No.
2015-05; Ord. No. 2016-19]
In order to implement the purposes of this section, the application
process and license or permit fee schedule provided hereafter shall
apply:
a.
Every applicant for the installation of fiber optic or other cable
or for the use of a public utility easement shall submit to the Township
Director of Community Development: a) a plat showing the proposed
location of the fiber optic or proposed installation; b) a depiction
indicating whether the proposed installation is overhead or underground;
c) copies of all easements proposed to be used which have previously
been granted to utilities; and d) all consents for the use of any
such easements by the applicable utilities.
b.
Every application shall require as a condition thereof, the following:
1.
Payment of a permit fee in accordance with the following schedule:
(a)
Above ground installation: $0.50 per linear foot; and
(b)
Underground installation: $0.75 per linear foot per year, provided
that if the installation is located under publicly owned property
(not a right-of-way), the fee shall be $1.75 per linear foot per year.
(c)
In no event shall the fee be less than $500.
(d)
An engineering and legal professional fee in the amount of $500
for engineering and legal review and processing of the permit application.
In the event the permit application is incomplete or inaccurate and
must be resubmitted, a resubmission fee of up to $250, as determined
by the Director of Community Development, shall also be paid.
(e)
Nothing is this section shall be construed to allow an applicant
who is granted a permit by the Township under the provisions of this
Code to assign its right to any other entity for purposes of subletting
space in the conduit which said applicant has installed or for any
other purpose without the express written approval of the Township
Council. This provision shall apply to all fiber optic technologies,
cable communications and any other emerging technologies used for
similar purpose.
2.
An annual renewal fee payable to the Department of Finance on July
1 of each subsequent fiscal year of $0.019 per linear foot, with a
minimum of $500.
3.
A certificate of insurance naming the Township as an additional insured
for general liability coverage in the amount of at least $3,000,000.
[Amended 12-18-2018 by Ord. No. 18-33]
4.
An indemnification agreement, properly executed by the applicant,
which shall hold the Township, its officers, agents and employees
harmless from any loss, claim or damage arising out of the installation,
maintenance or use of the fiber optic cable installed by the applicant,
the form of the agreement to be approved by the Township Attorney.
5.
An agreement that the easement holder will permit the Township to
use the holder's easement without consideration for the installation
of fiber optic or other cable for Township operations, provided that
the installation will not interfere with any fiber optic or other
cable the easement holders may have previously installed in the easement
area. Such agreement shall also provide that any repairs or replacements
of Township-owned fiber optic or other cable caused by the holder
of a fiber optic permit be performed within 24 hours.
6.
An agreement that the applicant will provide a minimum of six pairs
of strands in each fiber optic cable (i.e., if a cable contains 48
strands and two cables are run, the Township will have the use of
12 pairs of strands — six pair per cable) to the Township for
its use, and the use of any other governmental and quasi-governmental
entities approved by the Township.
c.
No license or permit issued hereunder shall be valid for a period
of more than the lesser of 10 years or, if applicable, the balance
of the term of an easement previously granted to a utility pursuant
to Title 48 of the New Jersey Statutes.
d.
In any instance in which the holder of an existing easement requires
that an applicant for license or permit hereunder obtain municipal
approval or consent by ordinance, the applicant shall pay to the Township
Clerk, in addition to the fee established by paragraph b above, a
fee of $150; and i) the cost of advertising the ordinance prior to
adoption; and ii) the cost of advertising the notice of adoption of
the ordinance.
e.
In the event that the fiber optic or other cable installation interferes
with a planned municipal installation, the subject fiber optic or
other cable shall be relocated by its owner in an expeditious manner
within the right-of-way, to a location approved by the Township at
no cost to the Township. The owner of the fiber optic or other cable
shall not pay any additional fee to the Township due to the relocation.
f.
These procedures shall not be applicable to existing easements previously
granted to Public Service Electric and Gas Company (PSE&G), Bell
Atlantic-New Jersey (formerly New Jersey Bell Telephone Company) (Bell
Atlantic — New Jersey is now known as Verizon) or to existing
easements previously granted to or obtained by the present or future
holder of a Cable Television franchise granted by the Township.
g.
Any underground installation of fiber optic cable, where applicable, shall be required to comply with the street opening requirements set forth in Chapter 31, Streets and Sidewalks of the Code to the satisfaction of the Township Director of Community Development.
h.
Every application must be reviewed by the Township Supervisor of
Engineering. In the absence or unavailability of the Supervisor of
Engineering, an application may be reviewed and approved by the Township
Zoning Officer or the Director of the Department of Community Development.
[Ord. No. 14-24]
The Township Council finds and determines as follows:
a.
The Township receives requests from time to time from television
and movie film companies (the "Film Industry") seeking to perform
a movie, television or commercial shoot, by either a continuous video
or single or multiple still pictures (a "film shoot"), on Township-owned
property, public rights-of-way or privately-owned property. Film shoots
often involve large numbers of crew members and actors, as well as
equipment, trailers and motor vehicles. Film shoots also have the
potential to disrupt traffic along public roads, driveways providing
access to public roads, parking and access on private parking areas,
as well as the potential to disrupt the peace and quiet of residential
neighborhoods.
b.
The Township desires to be supportive of the Film Industry while
at the same time protecting the businesses and residents of the Township
from any negative impacts resulting from film shoots.
c.
The requirement for a written agreement between the Township and
the film company, setting forth the terms, conditions and limitations
of a film shoot and the imposition of reasonable fees and an escrow
to engage in a film shoot will balance the needs of the film industry,
the Township and its taxpayers, and promote safety and welfare.
[Ord. No. 14-24]
In order to implement the purposes of this section, each film
company must execute and deliver an agreement to permit a film shoot
and pay the required fees and escrow prior to engaging in a film shoot,
which agreement must be satisfactory in form to the Township and shall
include at least the following provisions:
a.
Proposed dates and times between 8:00 a.m. and 11:00 p.m. for the
filming;
b.
Proposed location(s) for the filming;
c.
Maximum number of crew members and actors;
d.
List and proposed location of all props, equipment, trailers and
vehicles;
e.
Identification, location and method of security for outdoor rest
rooms;
f.
Payment of a fee to the Township in the minimum amount of $100 for
a film shoot solely performed indoors and up to $500 for a film shoot
performed partially or totally outdoors, the amount to be determined
by the Township depending upon the scale and duration of the film
shoot;
g.
Payment of the Township's legal fee for preparation of the agreement
to film;
h.
Payment of an escrow for police traffic and/or crowd control and
clean-up costs, in an amount to be determined by the Chief of Police;
i.
Furnishing of a Certificate of Insurance naming the Township as an
additional insured, and where appropriate, as loss payee, with the
following coverages and limits of liability and with insurers carrying
a Best Rating of B+ or better:
j.
Furnishing of an indemnification, defenses and hold harmless agreement,
in form acceptable to the Township, which shall hold the Township,
Mayor, Council, its employees, agents and attorneys harmless from
any liability, claims, costs and reasonable attorney fees relating
to the film shoot.
