[Ord. No. 292 § 1]
Under and subject to the terms, conditions and restrictions of this section, Raffles Licensing Law (N.J.S.A. 5:8-50 et seq.) and the Bingo Licensing Law (N.J.S.A. 5:8-24, 35 et seq.) and the statutes in such case made and provided and the rules and regulations adopted and promulgated and the rules to be hereinafter adopted and promulgated by the Legalized Games of Chance Control Commission of the State of New Jersey, licenses shall be issued in the Township to bona fide organizations or associations as designated and described in such statutes which said organizations or associations have their principal place of business or building for the holding of their meetings in Maurice River Township.
[Ord. No. 292 § 2]
The Governing Body shall make an investigation of the qualifications of each applicant and the merits of each application as directed by the statutes. The Governing Body is hereby charged with the duty and responsibility of making an initial investigation of each application prior to the approval of the first license granted to qualified associations or organizations under this section.
[Ord. No. 292 § 3]
No license under the Raffles Licensing Law or the Bingo Licensing Law shall be issued for a period of more than one (1) year or shall be issued for the holding, operation and conduct of any game of chance which shall be licensed under any other licensing law.
[Ord. No. 292 § 4]
No application for the issuance of a license shall be refused by the Township Committee until after a hearing is held on due notice to the applicant and at which hearing the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
[Ord. No. 292 § 5]
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the State Control Commission.
[Ord. No. 292 § 6]
The Township Committee shall have and exercise control and supervision over all games of chance so licensed in accordance with the Raffles Licensing Law and the Bingo Licensing Law.
[Ord. No. 292 § 7]
No person under the age of eighteen (18) years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant to any license issued by the Township.
[Ord. No. 292 § 8]
No game or games shall be held, operated or conducted under any license issued by the Township more often than on six (6) days in any calendar month or in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game or games.
[Ord. No. 292 § 9]
All conditions, restrictions, regulations or rules relating to the licensing and contact of games of chance shall be in accordance with the Raffles Licensing Law, the Bingo Licensing Law and any other applicable statutes and the rules and regulations of the State Control Commission.
[Ord. No. 292 § 10]
The Township Clerk shall on behalf of the Township:
File with the Legalized Games of Chance Control Commission, a certified copy of this section within ten (10) days after its adoption.
On or before the first day of February of each year or any other time or times which the Township Committee may determine, make a report to the Township Committee of the number of licenses issued in the Township under the Raffles Licensing Law and the Bingo Licensing Law and the names and addresses of the licensees, the aggregate of the license fees collected, the names and addresses of all persons detected in violation of the law or of the rules and regulations adopted by the State Control Commission, of all persons prosecuted for such violations and the result of each such prosecution and the penalties imposed thereon, during the preceding calendar year or the period for which the report is required.
[Ord. No. 292 § 11; Ord. No. 428 § 1]
License fees for raffles shall be:
Five ($5.00) dollars for each day upon which a raffle with respect to which all tickets or rights to participate are sold only to persons present at the time of the drawing or allotment of prizes.
Five ($5.00) dollars for each one thousand ($1,000.00) dollars of the value of prizes and in each raffle with respect to which tickets or rights to participate may be sold in advance of the occasion of the drawing or allotment of prizes. All license fees shall become the property of the Township.
License fees for bingo shall be:
Five ($5.00) dollars for each day or occasion upon which a bingo game or games are to be conducted. All license fees shall become the property of the Township.
[Ord. No. 292 § 12]
No person, organization, club, company or squad shall conduct, operate, run, participate in or attend any unlicensed raffle in the Township.
[Ord. No. 292 § 13; New]
[Ord. No. 292 § 14]
A conviction hereunder shall also be a proper ground, at the discretion of the Township Committee, to suspend or revoke the license, if any has been issued and is outstanding at the time of the conviction.
[Ord. No. 253 § 1]
As used in this section:
- REGISTERED SOLICITOR
- Shall mean and include any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.
- Shall mean and include every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.
- Shall mean and include any one or more of the following activities:
- a. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or
- b. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or
- c. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
[Ord. No. 253; Ord. No. 2014-627; Ord. No. 2015-640]
It shall be unlawful for any person, limited liability company, corporation or any entity whatsoever to sell or offer for sale or to station or place any stand, cart, motor vehicle or any vehicle whatsoever for the sale or display of any farm products, goods, wares or any merchandise whatsoever along the public roadways, streets, highways or thoroughfares or any private road within the Township or upon any lands immediately adjacent thereto or upon any lands whatsoever within the Township except as shall hereinafter be provided.
The above prohibition shall not apply to any person, limited liability company, corporation or any entity whatsoever who:
Conducts any retail business or business of any nature or description in a permanently erected business structure which has been duly licensed by the Township and, if applicable, received all necessary approvals from the Land Use Board; or
Conducts any business of any nature or description specifically permitted or regulated by the ordinances of Maurice River Township or by the statutes of the State of New Jersey; or
Conducts any retail or wholesale business as permitted by the New Jersey Right to Farm Act.
Conducts door-to-door vending/sales, so long as said vendor is properly registered as per Township Ordinance.
Notwithstanding the above, every person who has been honorably discharged from the active military service of the United States, and is a resident of New Jersey and every exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose, supply company or salvage corps, of any municipality or fire district within the State of New Jersey, who holds an exemption certificate issued to him or her as an exempt member of any such department, company, or corps, and that he or she is a resident of the State of New Jersey shall have the right to hawk, peddle and vend any goods, wares or merchandise or solicit trade within the Township.
Every such person noted above shall first procure a license from the Township as hereinafter set forth.
Every person who has been honorably discharged from the active military service of the United States and who wishes to hawk, peddle and/or vend within Maurice River Township must first obtain a veterans identification card through the Cumberland County Clerk's office or through the County Clerk of the county of residence and must comply with all requirements as set forth in New Jersey statutes.
Every person as set forth above wishing to hawk, peddle and/or vend within Maurice River Township must complete an application form as provided by the Township Clerk.
Each person noted above shall receive a certificate permitting the holder to hawk, peddle and vend within the Township free of charge. Said certificate shall be valid for a period of ninety (90) days. Said certificate shall automatically extend for an additional ninety (90) days if there have been no violations during the initial ninety (90) day period.
Each person as set forth above wishing to hawk, peddle and/or vend within the Township shall comply with all applicable laws of the State of New Jersey to include any and all laws regarding collection of sales tax unless said property to be sold is exempted from sales and use taxation pursuant to New Jersey law.
[Ord. No. 253; Ord. No. 2014-627; Ord. No. 2015-640]
The Township Clerk shall cause to be kept in the Clerk's office an accurate record of each application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this section and the denial of any applications. Applications for certificates shall be numbered in consecutive order as filed and every certificate issued and any renewal thereof shall be identified with a duplicate number of the application upon which it was issued.
Each certificate shall be valid for a period of ninety (90) days.
[Ord. No. 253; Ord. No. 2014-627; Ord. No. 2015-640]
Application for a certificate of registration shall be made upon a form provided by the Township. The applicant shall truthfully state in full the information requested on the application, to wit:
Name and address of present place of residence and length of residence at such address; also business address if other than present address.
Address of place of residence during the past three (3) years if other than present address.
Age of applicant.
Physical description of the applicant.
Name and address of the program, firm or corporation or association by whom the applicant is employed or represents; and the length of time of such employment or representation.
Name and address of employer during the past three (3) years if other than the present employer.
Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
Period of time for which the certificate is applied which shall not be for more than ninety (90) days.
The date, or approximate date, of the latest previous application for a certificate under this section, if any.
Whether a certificate of registration issued to the applicant under this section has ever been revoked.
Whether the applicant has ever been convicted of a violation or a felony under the laws of the State or any other State or Federal law of the United States.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
[Ord. No. 253; Ord. No. 2014-627; Ord. No. 2015-640]
Any person honorably discharged from the active military service of the United States who shall have his or her veterans identification card revoked by the County or State of New Jersey, shall not be permitted to hawk, peddle and/or vend within the Township.
[Ord. No. 253; Ord. No. 2014-627; Ord. No. 2015-640]
Any person qualified to hawk, peddle and vend any goods, wares or merchandise within the Township as set forth above shall only conduct said activities on privately owned land within the Township.
Said vendor must be the owner of said land or must have obtained written permission to utilize said land for said vending activities.
Prior to hawking, peddling and/or vending any goods on said land as set forth above, all real estate taxes due and payable to the Township must be paid in full.
There shall be no hawking, peddling or vending activities on any public property within the Township to include the right of ways of any roadway within the Township. Said restriction against peddling within any public right of way is based upon the safety concerns for both the vendor and the public traveling along said public roadways.
[Ord. No. 253 § 12; Ord. No. 2014-627; Ord. No. 2015-640]
The provisions of this section shall not apply to officers or employees of the city, County, State or Federal Government, or any subdivision thereof, when on official business.
[Ord. No. 253 § 13; New; Ord. No. 2014-627; Ord. No. 2015-640]
[Ord. No. 460 § 1]
All nonprofit charitable organizations as defined in N.J.S.A. 45:17A-20 are authorized to solicit contributions on the roadways of the Township owned roads. This authorization is not for any State or County highway or any intersection of a County highway or State highway without the approval of either the Board of Chosen Freeholders of Cumberland County or the Commissioner of Transportation of the State of New Jersey.
[Ord. No. 460 § 2]
Solicitation by authorized nonprofit charitable organizations are subject to regulations promulgated pursuant to the Administrative Procedure Act by the Department of Transportation of the State of New Jersey in consultation with the Division of Highway Traffic Safety.
[Ord. No. 460 § 3]
Any nonprofit charitable organization that wishes to take advantage of the authorization to solicit contributions on the roadways owned by Maurice River Township shall notify the Township Clerk in writing of their respective interest in soliciting contributions, setting forth the date, time and place of such contribution solicitation, and a certification that same shall be carried out in a safe and prudent manner under the regulations established by the Department of Transportation of the State of New Jersey.
[Ord. No. 215 § 1]
No person may engage in the business of cleaning, pumping or servicing septic tanks or cesspools within the limits of the Township unless the equipment for cleaning, pumping, or servicing same shall have a tank capacity of not less than six hundred (600) gallons.
[Ord. No. 215 § 2; Ord. No. 609]
Any such person before engaging in the business as aforesaid, upon submitting satisfactory proof to the Township Clerk that the tank truck to be used has a capacity of not less than six hundred (600) gallons, shall be issued a license by the Township Clerk to engage in the business as aforesaid. The fee for the license shall be fifty ($50.00) dollars and shall be paid to the Township Clerk upon the issuance of same. The license shall be valid for one (1) year from the date of its issuance.
[Ord. No. 215 § 3]
The application for such license shall submit satisfactory proof to the Township Clerk that the tank truck has a capacity of not less than six hundred (600) gallons.
[Ord. No. 215 § 4]
All equipment used in the business as aforesaid shall be kept in a clean condition so as not to create a health hazard and shall be at all times subject to inspection by any member of the Board of Health or the agent designated by the Board of Health.
[Ord. No. 215 § 5]
The license issued may be revoked at any time upon satisfactory proof being submitted to the Township Committee upon complaint duly served upon the licensee either personally or by registered mail directed to the address which appears upon the license application, charging that the equipment used does not conform to the requirements hereinabove set forth or that the equipment is not kept in a condition of proper cleanliness. Licensee may appear before the Township Committee on the date stated in the complaint to make answer to the charges. In the event that there shall be a revocation of a license heretofore issued, the license fee paid for same or a proportionate amount thereof, shall be retained by the Township.
[Ord. No. 215 § 6; New]
[Ord. No. 192 Art. I]
It shall be hereafter unlawful for any person, firm, association, partnership, or corporation to keep or maintain a junk yard or junk shop or deal in junk in any place within the limits of the Township, without first having obtained a license for such purpose as hereinafter provided, and in any manner contrary to the provisions of this section.
[Ord. No. 192 Art. II]
As used in this section:
- GOOD CAUSE
- Shall mean the violation of any of the provisions of this section, or any false statement contained in the application for license, or failure to pay any license fee when due, or any conviction of the applicant during the term for which the license was issued for the violation of any criminal statute or law of the State of New Jersey, or of any State in the United States, or the United States Government.
- Shall mean any secondhand, discarded or unused waste material of any type that has outlived its usefulness for its original purpose, including iron, metals, glass, paper, rags, clothes, machines, automobiles, motor vehicles, or parts thereof, or accessories thereof, such as auto bodies and the like, and all other materials commonly or generally known as "junk" in the ordinary meaning of the word, acquired or collected for commercial purposes, including specifically parts and portions of automobiles and discarded automobiles and automobiles bodies.
- JUNK DEALER
- Shall mean any person, firm, association, partnership, or corporation which deals in junk for commercial purposes, or who buys or otherwise acquires or collects or stores junk for commercial purposes within the Township, in the manner provided in this section.
- JUNK SHOP
- Shall mean any building within the Township, in which junk is stored, or placed, or sold or purchased for commercial purposes within the provisions of this section.
- JUNK YARD
- Shall mean any lands or parcels thereof on which junk is collected or placed or stored for commercial purposes or for any remuneration whatever.
- LICENSED PREMISES
- Shall mean any land or building or both whereon a junk yard is maintained under license hereunder or any junk shop which is licensed, or any premises for which a license is issued to a junk dealer under the provisions of this section.
[Ord. No. 192 Art. III]
Written Application. All applicants desiring a license for the maintenance of a junk yard or junk shop, or as a junk dealer, shall first file a written application signed by the applicant with the Township Clerk and furnish the information requested on the forms to be provided by the Clerk.
Payment of Fee. Applications shall be accompanied by payment of the amount of the license fee for the period involved.
Issuance; Denial. The Township Clerk shall present any application, together with the fee accompanying the same to the Township Committee at its next meeting. In the event the license applied for shall be denied the fee accompanying the license shall be returned less, however, the sum of ten (10%) percent thereof to cover the cost of investigation of the applicant.
Consent of Property Owner Required. If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business described in the application shall be endorsed in writing on the application, or otherwise annexed thereto.
[Ord. No. 192 Art. IV]
Consideration of Application. The Township Committee may consider the application for license at the meeting for which the application and proofs and fees are presented, or it may set a date for a hearing to be held on the application at some reasonable time thereafter, which hearing, however, shall not be later than one (1) month from the date of the Township Committee meeting considering the same, and at which hearing any objectors to the license may be heard and may present evidence as well as the applicant and those in support of the license.
Investigation. If a date for hearing on the application for license is set, the Township Committee may investigate the application and the matters set forth in the application through its own officers, employees or representatives and the Township Committee may investigate and consider as part of its determination for the issuance of a license any unreasonable depreciation of surrounding property of adjoining owners which might ensue from the establishment or maintenance of such a business at the location designated in the application, the proximity of residences, schools, churches, public highways, the suitability of the applicant to receive the license, which shall include his arrest or conviction for criminal acts. Public convenience and necessity and social and aesthetic desirability shall also be taken into consideration in such determination.
Denial. After considering all the evidence with respect to the application, the Township Committee may deny the license to the applicant for good cause revealed by the facts or evidence, and if any application for license is denied, the Township Committee shall state in writing the reasons for the denial forming the good cause found by the Township Committee denying license to the applicant.
Display of License. The license when issued by the Township shall be displayed in a conspicuous place upon the licensed premises at all times.
Issuance; Effective Date. The Township Committee, after investigating and considering any application for license hereunder, or after hearing on the same shall, if the applicant subscribes to the provisions of this section, authorize the Township Clerk to issue a license to the applicant, which license shall be effective from the date of issuance to midnight of the last day of December of the year in which issued.
[Ord. No. 192 Art. V]
All licenses granted under this section and all premises licensed hereunder shall be subject to the following regulations:
Fence Setback from Streets and Adjoining Property. Any fence as required hereinafter shall be set back two hundred (200) feet from any public road or street and one hundred (100) feet from the boundary line of any adjoining property owner.
Fence Setbacks from Residences, Churches and Schools. Such fence shall be located at least five hundred (500) feet from any private residence not owned by the applicant, or any church or school.
Fencing Standards; Entrances and Exits; Signs.
A junk yard shall be enclosed by a solid board fence or other fence made of other solid, non-transparent materials, eight (8) feet high from the ground and built in such a manner so as to obstruct visibility of the junk yard from any public street or public property. The fence or enclosure shall be suitably painted and shall be maintained in good condition at all times. There shall be no advertisement allowed or any description or writing on the fence except the owner's name and description of the character of his business and such description and writing shall not exceed an area of six (6) square feet. Such fence shall be constructed in compliance with this section within three (3) months of the granting of any license under the provisions of this section.
The premises, area, piece or parcel of land licensed and used as a junk yard shall have not more than two (2) entrances and two (2) exits each of which shall not exceed fifteen (15) feet in width and such entrances and exits thereto and therefrom shall be enclosed by a gate or gates which shall be secured, closed and locked when unattended so as to preclude any entrance to the enclosure whenever the enclosure may be unattended. Such gate or gates shall be built of solid board or other solid nontransparent materials, which shall be at least seven (7) feet and not more than eight (8) feet in height.
Storage of Junk and Materials. No junk or rubbish or salvage material of any type shall be maintained outside the enclosure surrounding the licensed premises of any junk yard, nor outside of any junk shop licensed hereunder.
License Not Transferable to Person or Place. No license issued hereunder shall entitle any licensee to operate under the license at, in or on any lot, building, or location of any part thereof other than that specified in the license, and no license shall be assignable or transferable to any other person or party whatever.
Burning of Materials; Fire Hazards. Burning of materials, subject to all State regulations, may be allowed on one (1) day in each week between the hours of 8:00 a.m. and 8:00 p.m., on any licensed premises, except that this shall not prohibit the use of acetylene torches in salvaging or repairing any goods, motor vehicles, or other chattels on the premises or parts thereof. In the event that fires of accidental nature occur on the licensed premises in such numbers or such periods of time as to create a fire hazard to other properties or inhabitants of the Township or otherwise occur so consistently or in such number as to become a nuisance to any fire department of Maurice River Township, the Township Committee may revoke the license granted after due hearing and notice thereof because of the hazardous nature or conduct of the business.
Explosives Prohibited. No materials of any explosive nature shall be maintained or demolished on any licensed premises.
Offensive Odors. No materials shall be kept or maintained on the licensed premises which shall be of such odorous nature as to be offensive to adjoining property owners or other inhabitants in the area of the licensed premises.
Control of Rodents. The licensee shall take all reasonable measures to keep rates or other vermin from the licensed premises.
Fire Prevention and Protection. The licensee shall maintain sufficient fire extinguishers on the licensed premises at all times, and shall also establish fire protection according to standards recommended by the National Board of Fire Underwriters for such premises. The licensee shall also report all fires to the Chief of the nearest fire department of the Township, furnishing date and extent of fire and cause, if known.
Purchases Prohibited from Persons Under Seventeen (17). No licensee hereunder shall purchase any goods, articles, or other materials whatever from any person under the age of seventeen (17) years.
Storage of Junk; Height; Fire Hazard. No licensee shall pile or stack or place junk above the level at the height of the fence enclosing a junk yard or otherwise in such manner as to create a fire hazard or to create a place for the harboring of rats, mice or vermin.
Noise. The business of the licensee shall be operated in such manner as not to cause unreasonably loud noises that are either so consistent or so audible as to be a nuisance to other property owners or inhabitants in the neighborhood.
Vehicles Without Serial Numbers. No licensee shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle from which the manufacture's serial number or any other number of identification mark has been removed, defaced, altered, covered, or destroyed with the apparent purpose of concealing the identity of such vehicle.
Record of Purchases. All junk dealers shall keep books in which records are maintained of all purchases by the junk dealer and which books shall be open to inspection by any law enforcement agency in order to enable the law enforcement agency to trace stolen goods.
[Ord. No. 192 Art. VI]
Any license issued by the Township may be renewed annually thereafter by furnishing notice of intention to renew the license in writing with the Township Clerk at least thirty (30) days prior to January 1, and upon payment of the annual license fee of fifty ($50.00) dollars. No hearing shall be required for the issuance of any renewal license unless objections are filed in writing with the Township Clerk by any inhabitant or taxpayer of the Township against the renewal of the license. In the event a written objection is filed before renewal, the Township Committee shall set a date for hearing and proceed to hear the objection and all evidence for and against the issuance of such license not later than fifteen (15) days from the beginning of the renewal period, and, at the conclusion of the hearing, the Township Committee may then determine whether to issue a renewal license or to deny the same if the evidence presented indicates sufficient cause by virtue of prior violations of this section by the licensee.
The Township Committee may authorize a temporary permit for such licensee until the hearing has been completed and a determination made so that the business of a licensee may not be suspended or interfered with unreasonably by filing of any written objections.
[Ord. No. 192 Art. VII]
No licensee shall conduct any processing operations or purchase or sell material on the licensed premises after 8:00 p.m. and prior to 8:00 a.m. of the following day on weekdays, or at any time on legal holidays designated as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
[Ord. No. 192 Art. VIII]
The Township Committee may revoke any license at any time during the period for which the license was issued on the Township Committee's own action, or on the objection of any taxpayer or resident of the Township for good cause shown after a hearing provided to the licensee following complaint in writing and at least seven (7) days notice to the licensee setting forth the grounds of complaint.
The licensed premises shall be open to inspection by the Township Board of Health at any reasonable time of day or night upon the proper authorization of such inspection by the Health Officer or the Township Board of Health.
[Ord. No. 192 Art. IX]
Annual Fee. The annual fees for each license issued hereunder shall be the sum of fifty ($50.00) dollars, which shall be prorated where the license shall not have been issued on January 1 of the year and any period of a month over fifteen (15) days shall constitute a full month and any period less than fifteen (15) days shall constitute a half month for the purpose of prorating the annual fee.
Payment; Denial Refund. Payment of the fees shall accompany filing of all applications for licenses or for any intention to renew thereafter. In the event an application for license is denied or renewal license is denied, the fee shall be returned less ten (10%) percent for the cost of the Township to investigate the same. In the event that license shall be revoked for good cause shown or terminated voluntarily by the licensee, there shall be no refund of any portion of the license fee.
Motor Vehicle Junk Yard Fees. Where the owner of any motor vehicle junk yard has to obtain a permit from the Commissioner of Motor Vehicles in accordance with N.J.S.A. 39:11-3 and the Township Committee has approved the granting of such license, the license fee to be paid to the Township shall be in the sum of five hundred ($500.00) dollars annually, prorated as above, and the license shall be issued on January 1 and shall expire on December 31 in the year in which it was issued.
[Ord. No. 192 Art. X; New]
A continuance of a violation or a noncompliance with the provisions of this section shall be deemed a nuisance and the Township Committee shall have the right to apply to the Courts of this State of injunctive relief or other relief in addition to the penalties prescribed herein.
[Added 3-19-2020 by Ord. No. 692]
The maximum fees that a towing company may charge for nonconsensual towing and/or storage of a motor vehicle within Maurice River Township, Cumberland County, shall be as set forth herein.
"Nonconsensual towing" shall be defined as the towing of a motor vehicle without the consent of the owner or operator of the vehicle and authorized by a law enforcement authority of the State of New Jersey or any political subdivision of the State of New Jersey.
The purpose of this section is to prevent unlawful and unconscionable practices of towing companies as set forth in the New Jersey Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq.
The maximum fees for towing or storage of vehicles which have been the subject of nonconsensual towing are hereby established as follows: