Township of Woodbridge, NJ General Licensing

COMMERCIAL ADVERTISING MATTER

Editor's Note: Prior ordinance history includes portions of 1974 Code §§ 9-69 — 9-88.1 and Ordinance Nos. 84-49, 86-7 and 91-34.

§ 4-2.1 Definitions.

[Ord. #96-80 § 1; Ord. #01-18 § 1; Ord. #09-102; Ord. #2016-14]

CANVASSING

Shall mean the circulation of a petition or the seeking of contributions for a cause, charitable or otherwise, or the practice of distributing literature, pamphlets, handbills and the like for the purpose of distributing information or seeking support for any legal purpose, from a stationary location on a street or other public place, or by going from house to house, place to place or street to street.

CHIEF OF POLICE

Shall mean, for purposes of this chapter, the Chief of Police or Police Director of the Township of Woodbridge.

Shall mean any sample or device, dodger, bill or handbill, circular, pamphlet, paper, booklet, picture or any other written or reproduced matter:

Which advertises any merchandise, product, commodity, service or other thing for sale; or

Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as an advertiser or distributor.

NONPROFIT MAKING VENDORS

Shall mean a person who sells or collects goods or services the proceeds of which are devoted exclusively to the purposes of the philanthropic charitable or religious society on whose behalf he/she acts as agent.

PEDDLER

Shall mean a person or persons engaged in peddling. May also be referred to as "hawkers" or "hucksters."

PEDDLING

Shall mean the practice of selling services or carrying goods, wares or merchandise, for the purpose of selling and delivering to consumers, either from traveling by foot, automotive vehicle or any other form of travel, from house to house, place to place or street to street.

Shall mean any individual, firm, partnership, corporation, voluntary association, church, religious denomination, society, organization, political association, incorporated association or agent thereof.

ROAD SHOWS

Shall mean a transient merchant, whether an individual, corporation or other business entity that travels to different location offering to buy or sell items from or to the public at or from temporary locations for short periods of time. They are typically advertised events held at hotels, banquet halls, convention centers, armories and other similar facilities.

SOLICITING

Shall mean taking or attempting to take orders for the sale or purchase of merchandise or services of any kind, for future performance or immediate delivery, whether or not the solicitor has, carries or exposes, for sale, a sample of the merchandise or services, and whether or not the solicitor is collecting advance payments for such sales or orders, whether any of the foregoing activities are conducted from a stationary location on any street or other public place, or from traveling by foot, automotive vehicle or any other type of travel, from house to house, place to place or street to street.

SOLICITOR

Shall mean a person or persons engaged in soliciting.

TRANSIENT MERCHANTS

Shall mean and include persons, commonly referred to as either "transient merchants" or "itinerant vendors," who engage in a merchandising business, including the sale or purchase of goods and merchandise, in the Township of Woodbridge with the intent to close out or discontinue such business within one year from the date of commencement, including those who, for the purpose of carrying on such business, hire, lease or occupy any building, hotel room/banquet facility, lot, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, provided that nothing herein shall be construed to affect the sale of fruit, vegetables and farm products, such as meats, poultry, butter and eggs.

§ 4-2.2 License Required.

[Ord. #96-80 § 2; Ord. #01-18 § 2; Ord. #09-102; Ord. #2016-14]

Soliciting and peddling within the Township of Woodbridge shall be unlawful without first obtaining a license therefor as provided in this section. Transient merchants must also be licensed pursuant to the provisions of this section as well as N.J.S.A. 45:24-1 et seq. Any transient merchant/solicitor engaged in the sale or purchase of precious metals and gems must also comply with all of the requirements of § 4-9 et seq. The Township Clerk shall issue all licenses pursuant to the provisions of this section. Charitable, religious and historical societies are exempt from the requirements for obtaining a transient merchant's license so long as they comply with the provisions of N.J.S.A. 45:24-7.

§ 4-2.3 Application.

[Ord. #96-80 § 3; Ord. #01-18 §§ 3—5; Ord. #08-75]

Any person seeking a license under this section shall file an application with the Township Clerk on a form supplied by said Clerk.

The application form shall contain the following information:

Name, address and telephone number of applicant. The applicant and each representative to be licensed must provide a passport, photo driver's license, or a photo identification card together with a birth certificate and/or a social security card.

Date(s) on which soliciting or peddling is to commence and end.

The number of representatives of the applicant that will be conducting such activities.

Nature of goods or merchandise to be sold or offered for sale or the nature of the services to be furnished.

Whether the applicant, or any of its representatives who will be soliciting or peddling, has been convicted of a crime, disorderly persons offense or violation of any ordinance relating to soliciting or peddling, and, if so, when, where and the nature of the offense.

The names of other municipalities in New Jersey where the applicant has been issued a permit to solicit or peddle in the past two years.

The route planned to be taken or neighborhood(s) in which the applicant plans to visit and the corresponding list of days the applicant will be soliciting or peddling along that route or in that neighborhood.

If the applicant claims to be a nonprofit entity, proof of such nonprofit status to be attached.

The application shall be accompanied by a letter or other written statement from the individual, firm or corporation employing the applicant certifying that the applicant is authorized to act as the representative of the individual, firm or corporation.

If the applicant intends to go from house to house or place to place, the application shall be accompanied with three passport-size photographs for each person who will be soliciting or peddling for the applicant. Upon approval of the license, one such photograph shall be affixed to a badge issued by the Township Clerk; one such photograph shall be affixed to the license issued; and, one such photograph shall be retained by the Township Clerk.

§ 4-2.4 Investigation of Applicant.

[Ord. #96-80 § 4; Ord. #01-18 § 6]

When the application is properly filled out, signed by the applicant and has been filed with the Chief of Police with all accompanying information, the Chief of Police or designee shall perform a background check of the applicant and investigate the information available as to the good moral character of the applicant, and approve or disapprove the application within 14 days. Reasons for disapproval shall be set forth on the reverse side of the application. The application shall thereafter be filed with the Township Clerk's office.

§ 4-2.5 Special Prerequisites for Transient Merchant's License.

[Ord. #96-80 § 5]

In addition to the filing of the completed application form referred to in the preceding section, an applicant for a transient merchant's license shall also fully comply with all the provisions of N.J.S.A. 45:24-1 et seq., as amended and supplemented, before his/her application shall be considered.

§ 4-2.6 Issuance of Licenses; Production on Request; Expiration; Transferability.

[Ord. #96-80 § 6; Ord. #13-53; Ord. #2016-14]

Upon approval by the Police Director and upon payment of the required fees, the Municipal Clerk has up to 10 business days to review an application and issue or deny same. Upon approval, the Municipal Clerk shall issue to the applicant, a license, which shall be in the form of a writing bearing the name of the licensee, the purpose for which the license was issued, the date of expiration and the signature of the Municipal Clerk.

Every person licensed pursuant to the provisions of this section shall carry the license with him/her at all times, while engaged in his trade or occupation in the Township. Every licensee shall produce his/her license at the request of any officer of the Township.

To every peddler granted a license or licenses pursuant to this section, the Township Clerk shall also issue for each automobile, vehicle or wagon used in peddling, a badge, bearing the words "Licensed Peddler, Township of Woodbridge" together with the number of the license and the year for which it is issued. In addition, each automobile, wagon, or other vehicle used for such peddling shall have affixed thereon a copy of the license.

All licenses and badges shall expire at 11:59 p.m. on December 31 of the current year, and, if issued, shall be nontransferable or assignable to any person. All licenses and badges must be surrendered after cessation of use or the end of the calendar year, whichever comes first.

§ 4-2.7 Appeals.

[Ord. #96-80 § 7]

If the applicant is denied a license, the Chief of Police shall set forth in writing his reasons therefor which statement or reasons shall be submitted to the applicant. The Chief of Police shall serve as hearing officer for any appeal pursuant to this subsection.

§ 4-2.8 Exhibition of Badge.

[Ord. #96-80 § 8]

Every licensee shall be required to display the badge provided pursuant to Subsection 4-2.3d of this section, on his/her outside clothing so that it is clearly visible while engaged in the business licensed.

§ 4-2.9 License/Application Fees/Exemptions.

[Ord. #96-80 § 9; Ord. #01-18 §§ 7, 8; Ord. #08-75; Ord. #13-53; Ord. #2016-14]

At the time an application is filed, the applicant shall pay a nonrefundable application fee of $100 for the processing and investigation of said application. The applicant shall also pay an additional $50 to process an investigation of each representative, excluding the applicant, who may be soliciting or peddling under the requested license.

The following fees shall be charged if said application is granted in addition to application fees:

Transient merchants: $50 per day up to a maximum of $1,000 per year; provided, however, that any transient merchant securing a license after July 1 shall pay $500 for the remainder of the year or $50 per day.

Solicitors and peddlers: $125 per year for one representative with one automobile, vehicle or wagon. The applicant shall also pay a fee of $50 for each additional representative. Amendments to an application to add additional names will only be accepted up to five days after the initial license has been issued. If the applicant desires to add names to the license after the five-day period, a new application must be filed and will be regarded and processed as a new application.

[Amended 4-7-2020 by Ord. No. 20-21]

The following persons are expressly exempt from the payment of any application and/or license fees:

Non-profit-making vendors.

Any persons honorably discharged from the military service of the United States, possessing a peddler's license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10, except such person shall not be exempt if the application is to obtain a transient merchant's license.

Any person who is an exempt firefighter, rescue squad member or other individual possessing a license in conformity with N.J.S.A. 45:24-9 and 45:24-10, except a transient merchant's license.

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

Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of prior agreement.

Charitable, religious, cultural and historical societies as defined in and subject to the conditions of N.J.S.A. 45:24-7.

Sports teams and organizations, senior citizen clubs and organizations, school organizations, and scouting organizations.

Canvassers.

§ 4-2.10 Suspension or Revocation of License.

[Ord. #96-80 § 10]

Licenses issued under this section may be revoked by the Chief of Police, after notice and a hearing, for any of the following causes:

Fraud, misrepresentation or false statement in application for the license;

Fraud, misrepresentation or false statement made in the course of carrying on the licensed business or solicitation in the Township;

Any violation of this section;

Conviction of a crime involving moral turpitude or of a violation of any ordinance concerning soliciting, peddling, pan—handling or canvassing. In the case of transient merchants, a conviction of a crime involving moral turpitude or violation of any of the provisions of N.J.S.A. 45:24-1 or this section.

Conducting the licensed business or solicitation in the Township in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the licensee at his/her last known address at least five days prior to the date set for the hearing.

Such license may, pending revocation proceedings, be suspended for not more than 10 days by the Chief of Police if, in his/her opinion, the conduct of the licensee is detrimental to the health, safety and welfare of the Township of Woodbridge.

The Chief of Police shall serve as hearing officer for any hearing pursuant to this subsection.

§ 4-2.11 Hours of Operation.

[Ord. #96-80 § 11; Ord. No. 01-18 § 9]

No peddling or soliciting activities shall be conducted before 9:00 a.m. or later than sunset on any day. Canvassing activities may be conducted between the hours of 9:00 a.m. and 9:00 p.m. on any day.

§ 4-2.12 Location of Operation — Requirements.

[Ord. #96-80 § 12; Ord. #01-18 § 10; Ord. #09-03]

Peddling, soliciting and canvassing within any roadway is strictly prohibited. Said activities are permitted on sidewalks and street corners. Only one group or organization may engage in said activities at any one intersection on any given day. Reservations for specific intersections must be made with the Township Clerk. Reflective outerwear must be worn by all persons engaging in said activities. No person under the age of 16 shall conduct peddling, soliciting or canvassing activities anywhere in the Township. Persons under the age of 18 must be accompanied by an adult. There shall be one adult for every four or less minors.

Peddlers.

Peddlers cannot stop within 1,000 feet of a transient merchant or another peddler.

Peddlers shall limit the time they remain stationary to 30 minutes and they must move a minimum distance of 1,000 feet.

Peddlers cannot stop within 1,000 feet of any entrance to a school building, unless such school is closed.

Peddlers cannot stop within any of the districts designated as Special Improvement Districts ("SID").

The restrictions upon time and place listed above shall not apply to peddlers at a Township-sponsored or approved event.

§ 4-2.13 Posted Property.

[Ord. #96-80 § 13]

No peddler, panhandler, solicitor or canvasser shall enter onto any property on which is located a sign or signs stating, "No Solicitors," "No Peddlers" or carrying a similar message forbidding the entry of any person onto the property.

§ 4-2.14 Applicability.

[Ord. #96-80 § 14; Ord. #01-18 §§ 11, 12; Ord. #04-50; Ord. #2016-14]

With the exception of subsections 4-2.11, 4-2.12, 4-2.13, 4-2.15, 4-2.19, and 4-2.20 herein, this section shall not apply to the following:

Exceptions listed in Subsection 4-2.9c of this section;

Candidates for public office and persons accompanying such candidates;

Any school, political or civic organization, benevolent society, service club or organization not for profit.

Anyone distributing literature, handbills, pamphlets and the like from person to person in any public forum such as a public park or sidewalk, but nothing in this section shall be construed to have any effect upon enforcement by the Police Department of traffic laws or other laws in the event that there is a violation of any such laws.

Fire Department, Rescue Squad, or the Police Department or related emergency services of the State of New Jersey.

§ 4-2.15 Canvassers to Register with Township Clerk.

[Ord. #01-18 § 13; Ord. #09-03; Ord. #2016-14]

All canvassers intending to canvass within the Township of Woodbridge shall register with the Township Clerk prior to commencing any canvassing activities. Such registration shall consist of providing the Township Clerk with the name of organization that will be canvassing, the proposed dates for which the organization seeks to canvass and the route(s) or neighborhood(s) in which the organization intends to canvass. For canvassers who canvass door-to-door, they must also comply with the requirements of Subsection 4-2.3d. All nonprofit, religious, and/or political groups canvassing exclusively door-to-door and not in the streets are exempt from this registration requirement.

§ 4-2.16 Violations and Penalties.

[Ord. #96-80 § 15; Ord. #01-18 § 13]

In addition to the revocation or suspension of the license granted under this section, any person who violates any provision of this section shall, upon conviction hereof, be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment for a term not exceeding 90 days or both.

§ 4-2.17 (Reserved)

[Ord. #97-32 § 1; Ord. #01-18; deleted by Ord. #2016-14]

§ 4-2.18 Prohibited Sales.

[Ord. #00-31; Ord. #01-18 § 13; Ord. #07-50]

No person having obtained a license under this section shall be permitted to sell confetti such as that under the brand name "Silly String" or any similar product whereby confetti-type material is dispensed through the use of an aerosol or non-aerosol spray canister.

No person having obtained a license under this section shall be permitted to sell toy cigarettes or cigars, edible cigarettes or cigars, including candy cigarettes and chewing gum cigars.

§ 4-2.19 No Knock List.

[Ord. # 04-50; Ord. #07-35; Ord. #2016-14]

All residents of the Township may register their name, address and/or unit/apartment number with the Township Clerk to be placed on the "No Knock List," indicating that they do not want peddlers, panhandlers, solicitors or canvassers to approach their homes and/or seek personal contact with the occupants of the registered home. By registering for the "No Knock List," the resident chooses to allow Woodbridge Township Police, Fire or First Aid Rescue squads to be exempt.

Residents shall remain on the "No Knock List" until such time as they advise the Municipal Clerk in writing that they wish to be removed from the list.

The Township Clerk shall maintain a "No Knock List" a copy of which shall be available for inspections at the office of the Municipal Clerk during regular business hours, and shall be posted on the official website for the Township of Woodbridge.

It shall be unlawful for any peddler, panhandler, solicitor or canvasser to approach and/or seek personal contact with the occupants thereof if that residence is registered on the "No Knock List." Anyone violating this subsection shall be subject to a fine of not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars for each violation.

Upon completion of registration on the "No Knock List" the subscriber will receive a decal stating "DO NOT KNOCK Registered on the "No Knock List" with Woodbridge Township's Municipal Clerk's Office. VIOLATORS WILL BE PROSECUTED" which must be displayed in a clearly visible location (i.e., front door or window adjacent to the front door).

§ 4-2.20 Do Not Drop.

[Ord. #07-44; Ord. #09-41 §§ 1—5; Ord. #2016-14]

Definition. An unsolicited circular shall be defined as commercial handbill, non-commercial handbill, as defined in Chapter 3, Subsection 3-1.2 of this Code, leaflet, coupon brochure, newspaper or other writing which the intended recipient did not request or authorize to be placed on or about his property.

Do Not Drop List.

There is hereby established a Do Not Drop List of residents of the Township of Woodbridge.

Residents who do not wish to receive unsolicited circulars beyond 10 feet from their front entrance may do so by completing a form established by the Municipal Clerk's Office and returning said form to the Municipal Clerk's Office.

The Township Clerk shall maintain a "Do Not Drop List," a copy of which shall be available for inspections at the office of the Municipal Clerk during regular business hours, and shall be posted on the official website for the Township of Woodbridge.

It shall be unlawful pursuant to Chapter 3, Subsection 3-1.1 et seq. for any person to deliver, or any entity to cause to be delivered any unsolicited circular to a person registered on the "Do Not Drop List."

§ 4-2.21 Solicitation of Donations at Intersections.

[Ord. #12-46]

Notwithstanding anything contained in § 4-2, no license required to permit solicitation of donations at an intersection of two or more roadways within the Township shall be issued to any organization unless said organization demonstrates that it is a nonprofit organization primarily based in the Township.

§ 4-2.22 Placing Commercial Advertising Matter on Vehicles Prohibited.

[Ord. #2016-14]

No person shall throw or deposit any commercial advertising matter in or upon any vehicle.

§ 4-3 (RESERVED) [1]

Editor's Note: § 4-3, Close-Out and Special Sales was deleted in entirety by Ord. No. 2016-14.

§ 4-4 (RESERVED) [1]

RECOGNIZED AMUSEMENT PARK

Editor's Note: § 4-4, Distribution of Commercial Advertising Matter was deleted in its entirety by Ord. No. 2016-14.

§ 4-5 AMUSEMENT GAMES, JUKEBOXES AND AUTOMATIC KIDDIE RIDES.

§ 4-5.1 Definitions.

[1974 Code § 5-1; Ord. #81-60; Ord. #2016-25]

As used in this section:

AMUSEMENT GAMES

Shall mean and include any machine which may be operated for entertainment or amusement in public, whether the machine is coin operated or not, and whether or not it registers a score or tallies. This includes bowling machines, mechanical grab machines, billiard tables, and electronic games. This enumeration is intended to be typical and shall not be construed as exclusive.

AUTOMATIC KIDDIE RIDES

Shall mean and include those devices in which a child might receive a ride such as a hobbyhorse, miniature car, rocket ship, or one of many various other such types of kiddie rides or devices, which are normally composed of one machine and have space for one or two children, and in which it is necessary before receiving the ride to insert a coin, slug, token, plate, disk or key into a slot or other opening.

DISTRIBUTOR

Shall mean any person, firm, corporation, partnership or association in whom title for any such device as hereinabove defined is vested and/or who sets up for operation by another or leases or distributes for the purpose of operation by another any such device as hereinabove defined, whether such setting up for operation, leasing or distributing be for a fixed charge or rental, or on a basis of a division of the income derived from such device, or otherwise.

JUKEBOX

Shall mean those music playing machines, contrivances or devices which upon the insertion of a coin, slug, token, plate, disk, key, credit card or debit card into any slot or other opening or upon the payment of any price, operates or maybe operated for the playing of phonograph records or otherwise of songs or music.

OWNER-PROPRIETORSHIP

Shall mean any proprietor, as defined in this subsection, in whom is also vested the title to any such device that is placed or kept for use or play, or is on exhibition for such purposes, in, at or on the establishment, place or premises under his or its control. Such "owner-proprietor" shall be required to obtain and possess both a valid distributor's license certificate and, for each and every device covered by this section, a valid proprietor's license card. However, such "owner-proprietor" shall pay only the aggregate fee per device as prescribed herein by Subsection 4-5.3.

PROPRIETOR

Shall mean any person, firm, corporation, partnership, association or club, who, as the owner, lessee or proprietor, has under his or its control any establishment, place or premises in or at which such a device is placed or kept for use or play, or on exhibition for such purposes.

Shall mean a commercially operated permanent business, open to the public at least 31 consecutive days annually, the location of which is designed and themed for the primary purpose of providing participatory amusements incorporating skill-based attractions, rides or water slides licensed in accordance with P.L. 1975, c. 105 (C. 5:3-31 et seq.), and food and merchandise concessions in permanent structures. Nothing in this definition shall prevent a license from being issued in any location which has had a license issued prior to the effective date of P.L. 2015, c. 149 (C. 5:8-78.1 et al.).

SKILL-BASED ATTRACTION

Shall mean an amusement utilizing a tangible object such as a ball, puck or other portable object either alone or in competition with other on-premises guests, or requiring the exertion of physical, aerobic activity, such as dancing, climbing, running, or jumping rope; or any amusement that is predominantly skill-based and can be played in competition with other on-premises guests.

§ 4-5.2 Distributor's and Proprietor's License Required.

[1974 Code § 5-2; Ord. #08-103]

No for-pay amusement device defined in Subsection 4-5.1 shall be placed, maintained, operated or used in any public place, quasi-public place, or in any building, store or other place wherein the public is expressly or impliedly invited or may enter within the municipal limits of the Township without the distributor or the owner/proprietor thereof having first obtained a valid distributor's license, and the proprietor or the owner-proprietor thereof having first obtained a valid proprietor's license for each such device.

No distributor shall place any such device with any unlicensed proprietor, nor shall any proprietor receive any such device from any unlicensed distributor.

§ 4-5.3 License Fees; Exemptions.

[1974 Code § 5-3; Ord. #89-26; Ord. #89-39; Ord. #08-103]

Except as provided below in paragraphs c and d of this subsection, each distributor of the following types of for-pay amusement devices shall pay the following prescribed fees for distributing each type of such devices within the Township:

Amusement games, per calendar year: three hundred ($300.00) dollars.

Jukeboxes, per calendar year: one hundred fifty ($150.00) dollars.

Automatic kiddie rides, per calendar year: two hundred ($200.00) dollars.

Except as provided below in paragraphs c and d of this subsection, each proprietor shall pay the following prescribed fees for placement of each and every device of the following types:

Amusement games, per device, per calendar year: one hundred ($100.00) dollars:

Jukeboxes, per device, per calendar year: fifty ($50.00) dollars.

Automatic kiddie rides, per device, per calendar year: fifty ($50.00) dollars.

Each owner-proprietor shall receive both a distributor's license for each type of device and a proprietor's license for each and every device upon payment of the following prescribed aggregate fees for each and every device of the following types:

Amusement games, per device, per calendar year: two hundred ($200.00) dollars.

Jukeboxes, per device, per calendar year: one hundred ($100.00) dollars.

Automatic kiddie rides, per device, per calendar year: one hundred ($100.00) dollars.

Any or all civic, fraternal, religious or other nonprofit organizations which are or are entitled to be exempt from taxation under Federal or State law shall be required to apply for and obtain the appropriate licenses for organization owned machines, and shall comply with all other provisions of this section; provided, however, that such organizations shall be excused from payment of any of the above-mentioned fees for the licenses upon the presentation to the Municipal Clerk of sufficient evidence of their tax exempt status at time of application.

Any applicant for a distributor's license or for a proprietor's license whose application is made on or after August 1 of any calendar year shall be required to pay for that portion of the calendar year only 1/2 of the required fee for the respective license. The fee and license shall be valid until December 31 of the calendar year.

Any, applicant whose renewal application has not been received by the Township Clerk by January 31 of the calendar year shall be considered delinquent and shall be charged ten (10%) percent on the first of each month, for each month, until the renewal applications are received by the Township Clerk.

§ 4-5.4 Applications for Licenses.

[1974 Code § 5-4; Ord. #81-60; Ord. #08-103]

All license applicants must be at least 18 years of age and shall submit in writing to the Township Clerk the following information:

The name and address of the applicant, and whether the applicant is an individual, partnership or corporation.

The date of birth of the applicant, of each partner, if a partnership, and of each of the principal officers of the corporation, if the applicant is a corporation.

The prior criminal record of thee applicant, if any, setting forth the date or dates of conviction, the nature of the violation and the jurisdiction in which the violation occurred. If the applicant is a partnership, the same information shall be supplied for each partner, and if the applicant is a corporation, this information shall be supplied for each of the principal officers of the corporation.

§ 4-5.5 Investigation; Issuance of Licenses; Term.

[1974 Code § 5-5; Ord. #08-103; Ord. #2016-25]

The Township Clerk shall refer such application to the Police Director, who shall investigate the moral character of each applicant as determined from such applicant's police record. Upon such investigation's completion, the Police Director shall recommend approval or disapproval of such license application based upon whether the applicant has sufficiently good moral character to engage in the business of a distributor or proprietor of coin-operated amusement devices. Upon a recommendation for disapproval, the application shall be denied, and the fee therefore shall be returned by the Township Clerk less one-third processing fee.

Upon recommendation of approval by the Police Director, the Township Clerk shall issue to such applicant, after full payment of proper fees therefore, the license applied for.

Each such license shall be effective for the remainder of that calendar year, expiring on December 31 thereof regardless of the date of issuance, unless sooner suspended or revoked pursuant to other sections of this section.

§ 4-5.6 License Certificates and Cards; Contents; Display.

[1974 Code § 5-6; Ord. #83-37 § 1]

Each distributor licensee shall receive from the Township Clerk a license certificate bearing the distributor license number thereof, the year, and any other pertinent information required by the Township Clerk. A copy of such distributor license certificate shall be maintained by the proprietor on the premises where the amusement device(s) are located and be readily available for inspection upon request by any Township official.

Each proprietor licensee shall receive from the Township Clerk a license card which shall contain the names of the distributor and the proprietor, the address where the device is placed, year, the signature of the Township Clerk, and any other information deemed necessary and appropriate by the Township Clerk. Such license card shall be affixed to the device so licensed in such a manner as to be conspicuous and not transferable from one device to another.

Any amusement device not licensed in accordance with the requirements of this section shall be confiscated by the Police Department. Any such device(s) confiscated pursuant to this section shall be released by the Police Department upon providing proof that all necessary licenses have been obtained and upon the payment to the Township Clerk by the person to whom the device is released, the sum of one hundred ($100.00) dollars per device, which shall constitute the reasonable transportation and storage fees incurred by the Township before said release is authorized.

Any device unclaimed for a period of 60 days or more shall become the property of the Township and subject, therefore, to be sold at public auction.

§ 4-5.7 Record of Licenses.

[1974 Code § 5-7; Ord. #08-103]

The Township Clerk shall maintain records of all persons and devices licensed or denied same, pursuant to this section. Such records shall contain the applications and other information relating to ownership, placement, maintenance, use and operation of such devices, and shall be open to inspection of the public for good cause at reasonable times, and shall constitute public records. Extracts thereof may be certified by the Township Clerk for use as legal evidence.

§ 4-5.8 Licenses Not Transferable; No Refund of Fees.

[1974 Code § 5-8; Ord. #08-103]

No distributor's license nor any proprietor's license issued pursuant to this section may be sold, assigned, mortgaged or otherwise transferred by the designated person to whom such license or licenses were originally issued. Change of ownership of any device under this section shall automatically revoke the distributor's license thereof, and any change of location of any such device from the premises of the licensed proprietor shall automatically revoke such proprietor's license. In such cases, the new distributor and the new proprietor must apply for new licenses, respectively. In any such cases of revocation of licenses, no fees paid therefore shall be refunded.

§ 4-5.9 Specific Regulations.

[Ord. 1974 Code § 5-9; Ord. #81-60; Ord. #08-103; Ord. #2016-25]

No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be in his employ or to loiter on the premises.

No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.

If the Police Director shall have reason to believe any amusement game is used as a gambling device, such device may be immediately seized by the Police and impounded. If, upon trial of the licensee for allowing same to be used for gambling, the licensee shall be convicted, such device shall be confiscated and destroyed, or sold at auction by the Police. Such action shall not exonerate such licensee from further punishment as hereinafter provided.

Editor's Note: As to statutory prohibition against use of devices for gambling uses, see N.J.S.A. 2A:112-1 and 112-2; State v. Ricciardi, 18 N.J. 441 (1955); Martell v. Lane, 22 N.J. 110 (1956); State v. Paul, 43, N.J. Super. 396 (Cty. Ct. 1957). Compare Stirling Distributors v. Keenan, 135 N.J. eq. 508 (1944).

For statutory authorization for seizure and destruction of gaming apparatus, see N.J.S.A. 2A:152-6.

§ 4-5.10 Suspension and Revocation of Licenses.

[1974 Code § 5-10; Ord. #08-103]

Any license granted pursuant to this section may be suspended at any time for a period of not more than 20 days by the Township Clerk if such licensee does not fully comply with all the requirements, conditions and other provisions of this section or if such licensee has violated any ordinance of the Township or any law of the United States or of the State of New Jersey, violations of which reflect unfavorably on the fitness of such licensee to be so licensed.

Any licensee who shall have his license suspended pursuant to the provisions of Subsection a above, shall be given, within the 20 day period suspension, a hearing before the Township Clerk upon at least five days' notice in writing. After such hearing, the Township Clerk shall determine whether the qualifications of the licensee have been so adversely affected as to require an extension of the suspension or a revocation of such license. However, if the Township Clerk should determine otherwise, then he shall reinstate the license as soon as practicable.

§ 4-5.11 Action Not Preclusive.

[1974 Code § 5-11; Ord. #08-103]

The suspension or revocation of any license shall not preclude further penalization as prescribed in other sections of this Code of any person who is also adjudged guilty of violating any of the provisions of this section.

§ 4-5.12 General Provisions.

[1974 Code § 5-12; Ord. #81-60; Ord. #08-103]

All commercial amusement devices and vending machines accessible to the public on any licensed premises shall be arranged so as to permit a clear view of the interior of the room or rooms involved from the exterior of the operator's premises at all times.

No operator shall permit any person using a commercial amusement device to operate the same for any gambling purpose prohibited by law. In the event that it is determined judicially or by admission of the operator that any commercial amusement device is being operated as a gambling device; the machine may be confiscated and destroyed or sold at public auction, and the license of the operator may be revoked after a hearing.

No operator shall permit the noise level on any licensed premises to interfere with the reasonable use of any adjacent structures.

§ 4-5.13 Supervision of Premises.

[1974 Code § 5-12.1; Ord. #81-60; Ord. #08-103]

When the total number of licenses in a building exceeds five, the business premises covered in this section shall be supervised by an adult during business hours.

§ 4-5.14 Zoning Permit Required.

[1974 Code § 5-12.2; Ord. #81-60; Ord. #08-103]

All applicants are required to obtain a zoning permit. No license shall be issued unless a zoning permit has been obtained for the premises. Additionally, the applicant is required to annually provide a copy of the zoning permit for the premises.

§ 4-5.15 Penalty.

[1974 Code § 5-12.3; Ord. #81-60; New; Ord. #08-103]

Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed as to each device on each day during or on which a violation occurs or continues.

§ 4-5A REDEMPTION AMUSEMENT GAMES.

§ 4-5A.1 Definitions.

[Ord. #01-55 § 1; Ord. #2016-25]

For all purposes of this section, the following terms have the meanings herein below ascribed to them.

AMUSEMENT GAMES LICENSING LAW

Shall mean N.J.S.A. 5:8-78 through N.J.S.A. 5:8-130 and N.J.A.C. 13:3-1 through N.J.A.C. 13:3-6.6, including any amendments thereto duly enacted subsequent to the effective date of this section.

AMUSEMENT RIDE

Shall mean any mechanical device or devices which carry or convey passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement, and as otherwise defined and regulated under the Carnival-Amusement Rides Safety Act, N.J.S.A. 5:3-31 et seq.

CERTIFICATION

Shall mean a certification of permissibility granted by the Commission pursuant to N.J.A.C. 13:3-7.1 et seq.

COMMISSION

Shall mean the Legalized Games of Chance Commission as that office is created and empowered under N.J.S.A. 5:8-78 et seq. and Reorganization Plan No. 004-1992, 24 N.J.R. 4462, November 30, 1992.

RECOGNIZED AMUSEMENT PARK

Shall mean any natural person and any legal person the existence of which is authorized by statute, including but not limited to any corporation, limited liability company and limited or general partnership.

PRINCIPAL

Shall mean any natural person exerting actual or beneficial control over any person other than a natural person, even if that control is shared with others. As to corporations, all of the following are principals: (1) any person owning or otherwise controlling at least five (5%) percent of the authorized and issued voting stock of the corporation; (2) any director elected by the shareholders; (3) any officer elected by the directors. The principals of a limited liability company are all of its members and managers. The principals of a general partnership are all of its general partners. The principals of a limited partnership are the general partner and all limited partners. Where a person consists of a complex of statutory entities such as subsidiaries, the principals of the ultimate parent and all subsidiary, subordinate or affiliated entities are principals within the meaning of this section.

REDEMPTION AMUSEMENT GAME

Shall mean a game certified as permissible by the Commission, pursuant to the Amusement Games Licensing Law, which is played for amusement or entertainment, which is a game in which the person or player actively participates, in which the outcome is not in the control of the operator or owner of the game and which is so conducted that when and where all of the players are present there occurs in continuous sequence, the sale of a right to participate, the event which determines whether a player wins or loses and the award of a merchandise prize or nontransferable tokens or tickets which may be accumulated and which are immediately redeemable for a merchandise prize, provided, however, that the following are not redemption amusement games and are not eligible for license under this chapter:

Bingo games;

Draw raffles;

Games excluded from the scope of this chapter pursuant to Subsection 4-5A.9 thereof.

SKILL-BASED ATTRACTION

§ 4-5A.2 License Required to Operate Redemption Amusement Games.

[Ord. #01-55 § 1]

It shall be unlawful for any person, to own or operate within Woodbridge Township, any redemption amusement game without first having obtained a proper license therefor from the Township Council of the Township of Woodbridge. Said license shall be issued only pursuant to this section and the provisions of the Amusement Games Licensing Law.

§ 4-5A.3 Application for License.

[Ord. #01-55 § 1]

Each applicant for such a license shall file with the Township Clerk a written application therefor in duplicate and shall pay the fees provided in this section. The application shall be in the form prescribed by the Commission and shall comply with all application requirements as specifically set forth in the Amusement Games Licensing Law, and this section.

The Township Clerk may require as a condition of application, that any applicant (or for applicants other than natural persons, the principals thereof) to be fingerprinted under the supervision of the Woodbridge Department of Public Safety and that the record thereof be submitted with and as a part of such application.

Any fees for fingerprinting or any other investigation shall be paid by the applicant, even though not otherwise stated in this section.

§ 4-5A.4 Issuance of License; Term; Certificate; Display.

[Ord. #01-55 § 1; Ord. #2016-25]

Issuance. Upon the applicant's compliance with all applicable requirements of this section, the Township Council shall by resolution, authorize the issuance of a license. Said resolution shall specifically recite the finding of the Township Council that the premises to be licensed are located in a recognized amusement park or at a seashore or other resort in that part thereof customarily constituting an amusement or entertainment area. Promptly following the date of the resolution, the Township Clerk shall issue the license certificate or certificates authorized thereby and shall forward to the Commission a certified copy of the resolution, a copy of the application, a counterpart original of the license certificate and the license fees payable to the Commission as hereinafter provided.

License Term. Each license issued pursuant to this section shall be for a term of the calendar year which next follows the date of such resolution or if the applicant shall so request, for a term which commences on the date of the resolution and which expires on December 31 next following such date; provided, however, that the license so issued shall be inoperative unless and until the licensee named therein shall also, within 90 days from the issuance thereof and prior to the conduct or operation of redemption amusement games thereunder, procure and receive from the Commission, a State license authorizing the licensee holding the Woodbridge Township license to operate and conduct certain redemption amusement games according to the terms of such Woodbridge Township license; and any license issued hereunder shall also be inoperative during any period of suspension or revocation of such State license.

License Certificate.

The license certificate shall be in the form prescribed by the Commission and shall set out on the face thereof:

The name of the licensee.

The address of the licensed premises and such further description or limitation upon the licensed premises as may be provided in the application or the said resolution.

The certification category of the kinds of games licensed and in the case of arcade games, the number thereof.

The amount of fee paid.

A statement of the dates between which and the hours between which such games may be conducted.

Each license certificate shall be issued in triplicate, the original to be delivered to the applicant, with one copy to the Commission, as aforesaid, and the remaining copy to be retained by the Township Clerk.

Display. Each license certificate and all other information required under the Amusement Games Licensing Law to be posted upon licensed premises, shall be conspicuously displayed at the place or places where the redemption amusement games are to be conducted, at all times during the conduct thereof.

§ 4-5A.5 Hearing Prior to Refusal of License: Amendments.

[Ord. #01-55 § 1]

No application for the issuance of a license shall be refused by the Township Council until after a hearing is held on due notice to the applicant, at which hearing the applicant shall be entitled to present evidence upon the qualifications of the applicant and the merits of the application.

Any license issued under this section may be amended, upon application made to the Township Council, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable, if the amendment had been so included.

§ 4-5A.6 Control and Supervision.

[Ord. #01-55 § 1; Ord. #2016-25]

Concurrently with the Commission and the Commission's agents and designees, the Township Council shall have and exercise control and supervision over all amusement games held, operated or conducted under such license with all the powers authorized or granted to it under the Amusement Games Licensing Law and all amendments and supplements thereto.

The Department of Community Development may inspect or cause to be inspected any place or building in which redemption amusement games are made available for public use and all records that the licensee is required to prepare and maintain under the Amusement Games Licensing Law.

Redemption amusement games licensed hereunder shall be available only in plain view of any person or persons who may enter upon any place where such redemption amusement games are made available for play or use by the public; and in no licensed premises shall they be made available selectively to certain persons designated by the licensee or other person; nor shall they be in any way concealed except when out of service for maintenance or repair.

Redemption amusement games shall not be operated or otherwise made available to the public for use on any day later than 3:00 a.m. nor earlier than 7:00 a.m.

Prizes awarded as the result of play or use of redemption amusement games shall be only merchandise of no greater value than as applicable, the single game and aggregate limitations from time to time provided under the Amusement Games Licensing Law. Alcoholic beverages, tobacco products, drug or narcotic paraphernalia, weapons, obscene or indecent recordings, printings, writings, pictures; money or any live animals shall not be awarded as prizes, and no licensee shall directly or indirectly or by any subterfuge, purchase any merchandise prize, once it has been duly awarded, nor shall licensee exchange the prize for money or money's worth.

Every licensee shall comply with such conditions and limitations as the Commission may include in any certification.

The following provisions of the Amusement Games Licensing Law are by this reference hereby incorporated as provisions of this section, as fully as if they were herein at length set out, it being the intention of the Township Council that any violation of such sections by a licensee shall be a violation not only of the Amusement Games Licensing Law but also of this section and that any duties of a licensee as set out in such sections are duties of a licensee under both the Amusement Games Licensing Laws and this section.

N.J.A.C. 13:3-1.12 Qualification of applicant; conviction of crime.

N.J.A.C. 13:3-3.1 Conspicuous display of license.

N.J.A.C. 13:3-3.4 Maximum fee for participation in game.

N.J.A.C. 13:3-3.5 Types of prizes permitted; value of prize.

N.J.A.C. 13:3-3.6 Determination of value of prizes.

N.J.A.C. 13:3-3.7 Redemption of prize or cash.

N.J.A.C. 13:3-3.9 Employee's qualification, questionnaires, and list.

N.J.A.C. 13:3-3.10 Fingerprinting employees.

N.J.A.C. 13:3-3.11 Interest held in business by person other than licensee.

N.J.A.C. 13:3-3.12 Law enforcement officers holding business interests.

11.

N.J.A.C. 13:3-3.13 Hindering inspection or investigation.

12.

N.J.A.C. 13:3-3.15 Gambling on licensed premises.

13.

N.J.A.C. 13:3-3.16 Licensee responsible for acts of employees.

14.

N.J.A.C. 13:3-3.17 Required signs.

15.

N.J.A.C. 13:3-4.1 Books of account, entries, inspection.

16.

N.J.A.C. 13:3-4.2 Invoices of cost of prizes retained.

17.

N.J.A.C. 13:3-4.3 Report of conduct of game by licensee.

18.

N.J.S.A. 5:8-103 Notice of change in facts.

19.

N.J.S.A. 5:8-108 Examination of books and records.

Eligibility for Holders of Liquor Licenses to Obtain Amusement Game License. The holder of a plenary retail consumption license, as defined in R.S. 33:1-12, whose licensed premises is at least 20,000 square feet, shall be eligible to be issued for the licensed premises an amusement game license pursuant to P.L. 1959, c. 109 (C. 5:8-100 et seq.), provided that the licensed premises includes at least 100 amusement games and all other requirements for licensure to conduct amusement games are met pursuant to P.L. 2015, c. 149 (C. 5:8-78.1 et al.).

§ 4-5A.7 Penalty for Violations; Forfeiture of License for Certain Acts.

[Ord. #01-55 § 1]

Any licensee or principal thereof who or which shall make any false statement in any application for such license, or shall fail to keep such books and records as required to be kept under the Amusement Games Licensing Law, or shall falsify such books or records, or shall violate any of the provisions of this section or the Amusement Games Licensing Law or of any of the terms of such license, shall be a disorderly person; and if convicted as such, shall in addition to any other penalties which may be lawfully imposed, forfeit any license issued to it under this section.

§ 4-5A.8 Separate Licenses Required; Fees.

[Ord. #01-55 § 1]

There shall be issued to an applicant who shall qualify a separate license for each place at which the licensee is authorized to hold, operate and conduct such redemption amusement games. The annual license fee for each place shall be two hundred fifty ($250.00) dollars.

A separate license shall be issued for each specific kind of redemption amusement game authorized to be held, operated and conducted on the licensed premises by the licensee. The license fee payable to the Township for each specific kind of game certified by the Commission pursuant to N.J.A.C. 13:3-7.9, as permissible, shall be as follows:

Games Certified as Permissible under Category and Certification No. 1: Throw games wherein a single player upon payment of fee is furnished a number of balls, hoops, darts or other objects, or uses his own coins to be hand thrown or propelled at, into, or upon targets, with prizes awarded according to results achieved; provided that (i) only one of the above games may be licensed under one license; and (ii) there is no restriction on the number of units that may comprise the game: two hundred fifty ($250.00) dollars.

Games Certified as Permissible under Category and Certification No. 2: Arcade games wherein a single player upon payment of fee is permitted to play a machine or device to obtain a prize or attain to score upon which a prize is awarded according to results achieved: two hundred fifty ($250.00) dollars plus ten ($10.00) dollars per machine for each machine in excess of 50 machines.

Games Certified as Permissible under Category and Certification No. 4: Competitive games wherein several players upon payment of fee are permitted to compete against each other for a prize to be awarded to the player who first achieves the required result provided that (i) only one of the above games shall be licensed under one license; and (ii) there is no restriction on the number of units that may comprise the game: two hundred fifty ($250.00) dollars.

Games Certified as Permissible under Category and Certification No. 7: Tests of strength wherein a single player upon payment of a fee is entitled to win a prize in the event that within a permitted number of tries he rings a bell or gong a required number of times by striking with a maul one end of a horizontal level arm on the other end of which propels a weight upward along a vertical wire at the top of which the bell or gong is located; provided, however, only one unit may be licensed under one license: two hundred fifty ($250.00) dollars.

Games Certified as Permissible under Category and Certification No. 8: Miscellaneous games wherein a single player upon payment of a fee is entitled to use a physical skill to obtain a predetermined goal for which a prize is awarded: two hundred fifty ($250.00) dollars.

The required Township fee, which shall be an annual fee without proration, shall accompany the license application. In the event that the license is denied or the application therefor is withdrawn, the Township shall retain twenty-five (25%) percent of the application fee as an investigation fee, and the balance shall be returned to the applicant.

On application, the applicant shall deposit, with the Township Clerk, the applicant's certified check or money order, in an amount equal to the license fees otherwise payable to the Township, and drawn to the order of the Legalized Games of Chance Control Commission. If the Township Council shall pursuant to Subsection 4-5A.4a of this section authorize the issuance of a license to the applicant, then together with the other items to be forwarded under Subsection 4-5A.4c hereof, the Township Clerk shall forward the certified check or (as the case may be) money order, to the Commission. However, if the Township Council shall refuse or decline to authorize the issuance of the license applied for, or if the application shall be withdrawn, then at the time when the Township Clerk returns a portion of the required Township fee as herein above provided, the Township Clerk shall also return to the applicant the certified check or money order.

§ 4-5A.9 Scope of This Section.

[Ord. #01-55 § 1]

Redemption amusement games certified by the Commission as permissible under Certifications: 3 (non-draw raffle games); 5 (a certain game of chance particularly described in such Certification and named therein, "Stop and Go Game"); 6 (guessing games), and 9 (a certain game of chance particularly described in such Certification and named therein, "Pan Game, Crazy Ball and Crazy Block"), are prohibited hereby and shall not be operated within Woodbridge Township, and no license shall be issued authorizing the same. Nothing in this section shall be deemed to require a license for the award of prizes as the result of successful play at any game which pursuant to common understanding, is a sport such as baseball, soccer, tennis or golf; or for the distribution without charge of rights to participate in amusements, as promotional inducement to persons to visit a premises licensed hereby; or for the award of the same prize value in respect of the play of any game or device, before or following each use of such device or play of such game and without regard to any particular score or outcome resulting therefrom. Games and game devices, the use or play of which does not result in any person receiving any merchandise, prize, additional right to play or participate without charge or other thing of value, are beyond the scope of this section. Nothing provided herein shall be construed to state or imply (1) that such games or devices must be licensed under this section; or (2) that the Township does not retain the inherent prerogative to provide by ordinance for the licensing, regulation and supervision of the use of such games and devices. Also beyond the scope of this section is any carnival, fair or other activity held on an annual or other periodic or scheduled basis by a not-for-profit group or organization wherein amusement devices, structures or amusement rides are installed or used on a temporary basis.

§ 4-5A.10 Recognized Amusement Parks.

[Ord. No. 2017-119]

The following locations are designated as amusement parks as defined in the Amusement Games Licensing Law of the State of New Jersey:

600 Main Street, Woodbridge, New Jersey;

274 Woodbridge Center Drive, Woodbridge, New Jersey.

§ 4-6 (RESERVED)

Former § 4-6, Home Improvement Contractors, previously codified herein and containing portions of 1974 Code §§ 9-116—9-127 and Ordinance Nos. 8-3-76, 78-40, 86-29, 92-32, 00-16 and 02-50, was repealed in its entirety by Ordinance No. 11-15.

§ 4-7 LICENSING OF WRECKERS.

§ 4-7.1 Findings.

[Ord. #94-32 Preamble]

The Woodbridge Township Wrecker Regulations had been originally ordained on March 5, 1963 and has substantially remained intact throughout the years, despite many developments in the law as well as factual developments in the Township which require a complete amendment and revision of the Wrecker Ordinance.

§ 4-7.2 Short Title.

[Ord. #94-32 § 9-14]

This section shall be known and cited as the Woodbridge Township Wrecker Regulations.

§ 4-7.3 Definitions.

[Ord. #94-32 § 9-15; Ord. No. 13-06 §§ 1, 2]

As used in this section:

CRUISING

Shall mean the driving of an unengaged licensed wrecker to and fro along a public street in any fashion calculated for the obvious purpose of soliciting business along the public street.

GARAGE

Shall mean any parcel of property owned or leased by an official tower and located within the Township which has all of the following specifications:

Contiguous to or a part of the official tower's place of business, except that a secondary lot may be located elsewhere within the Township to accept the overflow.

Adequate to store vehicles, as set forth in Subsection 4-7.6a3.

The area where vehicles are stored shall be completely encircled by a fence not less than six feet high, with at least one lockable gate for ingress and egress.

Access to at least 400 square feet of secured storage space inside a building, which is to include enough space to contain at least one towed vehicle to protect and process towed vehicles.

(1) A clean waiting room with seating for not less than two people and a working rest room which is regularly maintained; and (2) a rest room that is designed and constructed to accommodate handicapped persons, (A) in the case of a tower who is not an official tower on March 1, 2013 at the time it makes application to become an official tower; and (B) in the case of a tower who is not an official tower on March 1, 2013 upon making any renovation to its garage, or upon its application to be designated official tower after (i) a lapse in service as an official tower, or (ii) a dedesignation by the Township.

Meets the requirements of any relevant ordinances, statutes or regulations.

WRECKER

Shall mean a vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying, recovering or removing any and all kinds of vehicles which are unable to be and actually are not operated under their own power from the place where they are disabled to some other place, or any vehicle(s) which the Police Department has ordered to be impounded.

§ 4-7.4 Official Towers to Be Licensed and Appointed.

[Ord. #94-32 § 9-16; Ord. #01-07 § 1]

Any person having available space at a garage who desires to engage in municipal towing at the Police Department's request, as delineated in this section, shall first obtain a license according to the terms and conditions of this section.

No official tower shall subcontract to any person who is not a licensed official tower any work to be performed by him for the Township, without having first obtained written approval from the Police Department for the use of the subcontractor, which approval is necessary in order to maintain an equitable and nondiscriminatory administration of the rotation lists referenced in Subsection 4-7.21. Any official tower who is authorized to subcontract work remains liable for any violation by the subcontractor under this section. Any subcontractor shall be governed by all the terms and conditions of this section.

Any "official tower" who voluntarily removes itself from the rotating list, thereby relinquishing its license under this section, forfeits the right to re-apply for a license under this section until the next awarding of licenses and contracts by the Township.

§ 4-7.5 Services to Be Furnished.

[Ord. #94-32 § 9-17]

Official towers shall furnish wrecking, towing, storage and emergency repair services in conformance with this section, to motor vehicles within the limits of the Township of Woodbridge when requested to do so by the Woodbridge Township Police Department. These services are to include the towing and storage of unclaimed or abandoned vehicles when requested to do so by the Woodbridge Township Police Department.

For purposes of this section, emergency repair services are defined to be repairs which can be performed at the scene of a tow, including but not limited to flat tire changing, jump starting and gasoline deliveries.

§ 4-7.6 Applications for License; Contents.

[Ord. #94-32 § 9-18; Ord. #13-06 §§ 1, 3-5]

Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the Police Director or his designee and shall state:

The name, home address and proposed or actual business address of the applicant, and whether he is owner, lessee or bailee.

The location, description and hourly availability of the wreckers owned or operated by the applicant.

That the applicant must have a garage that (i) has available space for properly accommodating and protecting all motor vehicles towed or otherwise removed from the place where it became disabled or impounded; (ii) has sufficient capacity to insure that towed or impounded vehicles will not be stored or allowed to remain on public property not zoned for such storage and (iii) meets such other requirements as set forth in § 4-7.

Description of vehicle(s) for which licenses are desired, including year, make, model, type, serial number of body and motor capacity, length of time the vehicle(s) has been in use, the proposed rates to be charged, if less than those set forth in this section, and any other information which the Police Director or his designee shall deem necessary or proper to effectuate the purpose of this section and to determine whether the terms of this section have been complied with.

That the applicant can ensure no more than 15 to 20 minute response time on all calls.

The applicant must include with his application a zoning permit issued by the Zoning Officer of the Township of Woodbridge demonstrating that the garage does not violate the Woodbridge Township Land Use and Development Ordinance.

The application shall have affixed thereto an affidavit to be sworn to by the applicant that all of the information given in the application is true and correct and the application shall be submitted to the Police Director or his designee.

§ 4-7.7 (Reserved)

Former Subsection 4-7.7, Effective Date/Application Processing, previously codified herein and containing portions of Ordinance No. 94-32, was deleted by Ord. No. 13-06.

§ 4-7.8 Application Fee.

[Ord. #94-32 § 9-19; Ord. #13-06 § 1]

An application for each official tower license shall be accompanied by an application fee of one hundred ($100.00) dollars payable to the Township, any license fees for wreckers to be licensed, as set forth in Subsection 4-7.13c, the fee for the criminal history check set forth in Subsection 4-7.9c as well as any other fees required by this section. These fees are not refundable in the event that an inspection of the vehicle(s) has been made and no license is issued because of failure to comply with any of the requirements of this section or of any regulations mandated under this section by the Police Director or his designee.

§ 4-7.9 Investigation and Inspection by Police Director.

[Ord. #94-32 § 9-20; Ord. #13-06 § 1]

Upon receipt of a completed application as provided for herein, the Police Director or his designee shall cause an investigation to be made of the applicant and of his proposed business operation and shall make or have made an inspection of the vehicle(s) to be licensed. The Police Director or his designee may delegate the inspection of the vehicle(s) to an independent person, not engaged in the towing business in the Township, who shall be qualified by experience and training to make such inspection and such person shall report to the Police Director or his designee whether the vehicle(s) are in a thoroughly safe and sanitary condition and comply with the requirements and standards of § 4-7.

Within 60 days after the receipt of the complete application, the Police Director or his designee shall determine if the applicant satisfies the requirements of § 4-7 and shall either i) deny the application, or ii) approve the application and classify each wrecker to be licensed as either light duty, heavy duty or super heavy duty, ensuring compliance with the minimum standard delineated in Subsection 4-7.10.

[Amended 2-19-2019 by Ord. No. 19-26]

Included in the Police Director or his designee's investigation of the applicant shall be a criminal history check and a driver's history of the persons employed by the applicant; and the owner of the applicant if the applicant is a corporate entity and the New Jersey Motor Vehicle Commission respectively.

The Township of Woodbridge recognizes that the official tower shall be trustworthy in that he is safeguarding vehicles belonging to others. Therefore, to protect the public interest, the Township may disqualify anyone that has been convicted of a crime or violations under this section or the preceding ordinance within the past 10 years, which crime or violation would indicate that the official tower or his employees may not be responsible to perform in the best interest of others. Such crimes or violations would include but not be limited to car theft, stealing of car parts, break-ins, thefts, overcharging, etc. The Police Director or his designee may waive these standards if it is deemed to be in the best interest of the Township.

If the official tower or his employees are found guilty of any such crime or ordinance violation during the term of the license, the license may be cancelled by the Township for the reasons aforesaid. The official tower shall notify the Police Department in writing of any criminal charges or ordinance violation that become pending against him or his employees during the term of the license.

The Police Department reserves the right to investigate at any time, the official tower or anyone employed by the official tower for the purpose of fulfilling the contract herein.

§ 4-7.10 Standards for Approval of Applications.

[Ord. #94-32 § 9-21; Ord. #13-06 §§ 1, 11-14]

The Police Director or his designee shall approve an application and issue a permit to operate towing equipment in the Township, to the applicant and the individual operators only when he finds that the following requirements have been met:

That the public convenience and necessity will be served by the use of the vehicle for which the application has been made.

That the insurance policies as required herein have been procured and supplied.

That the applicant and each operator and each employee who operates a wrecker are fit persons to operate the wrecker and conduct a wrecker service in the Township. License holders will be required to submit a list of operators and their legal addresses and keep the Police Department informed of any changes in the operators and/or their legal addresses.

That the requirements of this section and all other governing laws, statutes and ordinances have been met.

That the wrecker(s) have been properly licensed and inspected by the State of New Jersey Woodbridge Township and has the necessary stickers affixed thereto. No vehicle shall be licensed as a wrecker which is using dealer's license plates or which has failed the State inspection.

That the wrecker(s) to be licensed, on inspection, meet with the required minimum standards for "Light Duty" or "Heavy Duty" wrecker as described in the following subsection.

Compliance with the requirements of Subsection 4-7.9 and any other relevant subsection of this section.

That the applicant demonstrates to the Police Department that the applicant will be able to ensure a response time of less than 20 minutes.

§ 4-7.11 Classification of Wreckers.

[Ord. #94-32 § 9-22; Ord. #13-06 § 1]

The following shall be the minimum standards to be utilized by the Police Director or his designee in the classification of wreckers as either light duty or heavy duty:

Light duty wrecker. A light duty wrecker shall be able to handle all makes of passenger cars, small trucks and any other vehicle having a registered weight less than 12,500 pounds, and which complies with the following minimum standards:

Dual rear wheels or equivalent.

A power take-off controlled winch with a minimum cable thickness of 1/2 inch or equivalent.

Comparable weight equal to the vehicles to be towed, with a minimum of 5,500 pounds.

A three-eighths (3/8) inch safety chain. The lift chain and the safety chain shall not be attached in any form or manner to the same part of the wrecker.

One reflectorized traffic vest.

A five pound CO2 dry power extinguisher or equivalent.

One broom, shovel and debris container.

10 pounds of absorbent material, such as "speedy dry," and any other materials necessary to remove any and all debris from the roadway at the tow site. In addition to removal of any absorbent material applied at the scene, each official tower must dispose of any vehicle debris, such as glass or vehicle parts, removed from the roadway in a lawful manner.

Emergency lighting in conformance with applicable Federal and New Jersey State statutes and regulations. This lighting must include at a minimum either an amber beacon light or a light bar, either of which must have a three hundred sixty (360°) degree visibility.

Equipped with a winch rated to accept at least 8,000 pounds.

Heavy duty wrecker. A heavy duty wrecker shall be able to handle all makes of trucks, as well as any other vehicle having a registered weight in excess of or equal to 12,500 pounds up to no more than 26,000 pounds.

[Amended 2-19-2019 by Ord. No. 19-26]

Super heavy duty wrecker. A super heavy duty wrecker shall be able to handle all makes of trucks, as well as any other vehicle have a registered weight equal to or in excess of 26, 001 pounds.

[Added 2-19-2019 by Ord. No. 19-26[1]]

Dual rear wheels or equivalent.

Manufacturing rating - gross vehicle weight of 15,000 pounds. Manufacturing rating may be obtained from the factory where the truck originates. Other written evidence of gross vehicle weight may be accepted by the Police Director or his designee, if verified.

Power take-off controlled winch with a minimum cable thickness of 5/8 inch.

A one-half-inch safety chain. The lift chain and safety chain shall not be attached in any form or manner to the same part of the wrecker.

Air brakes.

Connecting air lines for connection with the air compressor and air brake lines of the towed vehicle.

A detachable truck light bar to be attached to the rear of the towed vehicle.

Ten pounds of absorbent material, such as "speedy dry," and any other materials necessary to remove any and all debris from the roadway at the tow site. In addition to removal of any absorbent material applied at the scene, each official tower must dispose of any vehicle debris such as glass or vehicle parts removed from the roadway in a lawful manner.

Emergency lighting in conformance with applicable federal and New Jersey State Statutes and regulations. This lighting shall include, at a minimum, either amber beacon light or a light bar, either of which must have a 360° visibility.

Each super heavy duty wrecker shall be equipped with either two winches, each rated for at least 25,000 pounds, or one winch which is rated for at least 50,000 pounds.

11.

Each official tower licensed with heavy duty wreckers, in addition to any other criteria, have available at least one flatbed truck duly licensed under the terms of this section.

Editor's Note: This ordinance also redesignated former Subsection c as Subsection d.

General Requirements. Every official tower must have "wheel lift" or "flat-bed capability" for its light duty wrecker. Also, within one year of the effective date of this section, every official tower must have "underreach capability" for its heavy duty wreckers. This is necessary in order to ensure the capability of the official tower to lift towed vehicles from the underside of the vehicle in a damage-free manner.

§ 4-7.12 Issuance of Licenses.

[Ord. #94-32 § 9-23; Ord. #01-07 § 2; Ord. #13-06 § 1]

Upon written notification by the Police Director or his designee that an application has been approved and classified as well as compliance being met with all other subsections of this section, the Municipal Clerk of the Township of Woodbridge shall issue a license to the official tower under this section, as well as individual licenses for each wrecker owned or operated by the official tower designating each wrecker as light duty, heavy duty or super heavy duty.

[Amended 2-19-2019 by Ord. No. 19-26]

Although the license to be awarded to an official tower pursuant to the terms of this section is for a three year term, it is expressly ordained that all vehicles licensed by that official tower under this section must be inspected by the Police Department annually and the license issued for each wrecker is to be issued annually.

§ 4-7.13 Wrecker License Fees.

[Ord. #94-32 § 9-24; Ord. #13-06 §§ 15-17]

The fee for a wrecker license shall be three hundred fifty ($350.00) dollars per year. The full amount due for each vehicle shall be payable before issuance of the license regardless of the time of year at which the license is issued and fees shall not be prorated. In the event that duplicates of a license are required, the same shall be supplied for ten ($10.00) dollars each.

All fees shall be payable to the Municipal Clerk.

§ 4-7.14 Insurance Policies Required.

[Ord. #94-32 § 9-25; Ord. #13-06 § 1]

Garage Keeper's Policy and Garage Liability Policy.

Garage Keeper's Policy. A garage keeper's liability policy covering fire, theft and explosion in the minimum amount of sixty thousand ($60,000.00) dollars and collision coverage subject to five hundred ($500.00) dollars deductible with each accident deemed a separate claim.

Garage Liability Policy. A garage liability policy covering the operation of the licensee's equipment or vehicles for any bodily injury or property damage. This policy shall be in the amount of one million ($1,000,000.00) dollars for any one person killed or injured; one million ($1,000,000.00) dollars for more than one person killed or injured in any one accident; and one hundred thousand ($100,000.00) dollars for all property damage from one accident.

Each policy required herein shall contain an endorsement providing that 10 days' notice shall be given to the Township in the event of any material change or cancellation for any cause.

In the event that any policy is changed so as to fail to conform to the above requirements or if any policy on any licensed wrecker is cancelled for any reason, the Police Director or his designee shall notify the person responsible for the policy, and it shall be corrected or reinstated or replaced with a conforming policy within 10 days after the notice is received and before the date of cancellation. If the policy or certificate is not corrected, reinstated or replaced within 10 days of the date of cancellation, the Police Director or his designee shall immediately suspend the wrecker license and shall pick up from the owner all indicia of licensing, including any stickers, cards, medallions or other means of identification.

Official towers shall produce a certificate of insurance at the time of license renewal, as well as at the time of the insurance policy renewal.

§ 4-7.15 License Register.

[Ord. #94-32 § 9-26; Ord. #13-06 § 1]

The Police Director or his designee shall keep a register of the names and legal addresses of all persons owning or operating wreckers licensed under this section, together with the license number and the description of such wreckers, and the date and complete record or inspection made of them.

§ 4-7.16 Exhibition of Issued Card or Plate.

[Ord. #94-32 § 9-27; Ord. #13-06 § 1]

The Municipal Clerk shall also issue to each official tower a card, not less than four inches in width nor more than six inches in width in such form as may be set by the Police Director or his designee, and the card shall be carried in each licensed vehicle so that the same can be produced and displayed at the request of a law enforcement officer. The card shall bear the name of the licensee, official license number of the wrecker, the service rates and conditions of employment under which such wrecker is operating, the maximum weight capability of the wrecker and a notice that in case of any complaint, the Police Director or his designee shall be notified, the license number of the wrecker being given. Such card shall have attached thereto the signature of the Police Director or his designee and the date of inspection of the wrecker by the inspector, together with blank spaces upon which an entry shall be made of the date of every inspection of the wrecker by the inspector. In lieu of the card, a metal plate furnished by the owner, giving the same information, may be affixed to a prominent portion of the wrecker. Vehicle cards shall be updated by the Police Director or his designee.

§ 4-7.17 Service Rates.

[Ord. #94-32 § 9-28; Ord. #00-54 §§ 1—10; Ord. #01-07 §§ 3—12; Ord. #13-06 §§ 18-29; Ord. #13-19, Ord. #13-21]

Charges for the transportation, hauling or service of disabled vehicles by any licensed official tower of the Township are subject to the following limitations:

[Amended 2-19-2019 by Ord. No. 19-26]

For responding to a service call within the Township, to be charged in addition to any gasoline or other items or other services at the scene:

$65. This fee can be charged once the vehicle to be towed is hooked to a licensed wrecker, but not if the vehicle is actually towed.

Light duty wrecker. For conveying any passenger automobile, station wagon, pickup truck and panel truck having a registered vehicle weight of 12,500 pounds or less from any point in the Township to any other point in the Township.

$150.

The Township shall retain $20 from the rate set forth above and release $130 to the official tower.

The Township will not retain its fee nor release payment to tower until release or auction of vehicle.

Flatbed/dolly wheel use: $100 when necessary.

Heavy duty wrecker. For conveying any truck or omnibus having a registered vehicle weight equal to or in excess of 12,501 pounds but no more than 26,000 pounds from any point in the Township to any other point in the Township:

$550.

The Township shall retain $30 from the rate charged as set forth in Subsection a3(a) above for every tow as an administrative fee and release $520 to the official tower for every tow.

The Township will not retain its fee nor release payment to tower until release or auction of vehicle.

Super heavy duty. For conveying any truck or omnibus having a registered vehicle weight equal to or in excess of 26,001 pounds from any point in the Township to any other point in the Township:

$850.

The Township shall retain $50 from the rate charged as set forth in Subsection a4(a) above for every tow as an administrative fee and release $800 to the official tower for every tow.

The Township will not retain its fee nor release payment to tower until release or auction of vehicle.

For conveying vehicles from a point within the Township to a point outside the Township, or vice versa, the rate is to be predetermined by agreement between the official and the disabled vehicle owner or driver.

For storage of passenger automobiles:

Storage of passenger automobiles at the Woodbridge Township Impound Yard, per day: $35.

Storage of passenger automobiles at the tower's yard, per day: $35. The Township shall retain $5 per day from the rate charged for storage as set forth in Subsection a6(a) above for every vehicle as an administrative fee and release $30 to the official tower for every stored vehicle.

For storage of trucks and omnibuses having a registered vehicle weight equal to or in excess of 12,501 pounds, per day: $125. The Township shall retain $25 per day from the rate charged for storage as set forth above for every vehicle as an administrative fee and release $100 to the official tower for every stored vehicle. It is expressly ordained that the daily storage rates recited in Subsection a6 and 7 of this subsection are to be calculated and charged commencing at 12:00 midnight the first calendar day after the tow. The Township will not retain its fee nor release payment to tower until release or auction of vehicle.

Waiting time:

Light duty wrecker, per hour in one-quarter-hour increments: $50.

Crane service/winching/recovery services: $50 per hour in one-quarter-hour increments.

When applicable, every operator of a wrecker shall give the customer a written receipt for the fee paid, when requested. All disputes as to fares shall be determined by the Police Officer in charge, if one is present, and a report of the dispute shall then be made by the Officer to the Police Director or his designee.

The hours of release for towed vehicles from the towers' yards shall be from 8:00 a.m. to 6:00 p.m. Monday through Saturday.

Towing locations.

[Amended 2-19-2019 by Ord. No. 19-26]

All vehicles towed pursuant to Subsection 4-7.17a2, unless otherwise directed by the Police Department, shall be towed to the Woodbridge Township Impound Yard located at 7 Arbor Street, Sewaren. However, any such vehicle that has either been in an crash or has broken down, shall be towed to and stored by the respective tower.

All vehicles 12,501 pounds and up, pursuant to Subsection 4-7.17a3 and 4, unless otherwise directed by the Police Department, shall be towed to and stored by the respective on-call heavy duty or super heavy duty tower.

Any official tower is hereby authorized to charge, in addition to the service rates delineated in this subsection, a surcharge in the amount of $50 per vehicle as an accident cleanup fee.

[Amended 2-19-2019 by Ord. No. 19-26]

For vehicle rollover (when a vehicle is not on its four tires): $125 per vehicle.

[Added 2-19-2019 by Ord. No. 19-26]

For off-road recovery (when a vehicle is off of the travel portion of the roadway): $125 per vehicle.

[Added 2-19-2019 by Ord. No. 19-26]

§ 4-7.18 Conduct of Official Towers and Operators Generally.

[Ord. #94-32 § 9-29; Ord. #13-59 § 1]

No person owning or operating a wrecker shall:

While waiting for employment, stand at any public street, intersection or on any public property without first obtaining the consent of a Police Officer or stand on any private property without first obtaining the consent of the owner of the property.

Seek employment by repeatedly and persistently driving his wrecker to and fro in a short space in front of any disabled vehicle or by otherwise interfering with the proper and orderly progress of traffic along the public highways.

Permit or invite loitering within or near his wrecker.

Solicit or attempt to divert prospective patrons of another wrecker, nor shall be solicit or divert prospective patrons of a given garage in the Township to any other garage.

Solicit, demand, or receive from any person any pay, commission or emolument whatsoever, except the proper fee for transporting the disabled vehicle in accordance with the schedule of service rates listed in Subsection 4-7.17.

Pay any gratuity, tip or emolument to any third person not involved in the accident, or to any Police Officer, for information as to the location of any accident or for soliciting the employment of the licensee's services, nor give any gratuities, fees or other compensation or gifts to any member of the Police Department.

Towed vehicles shall be stored in an area with protective fencing.

The final determination in any municipality or jurisdiction other than Woodbridge Township that an owner and/or operator of a wrecker serving as a Woodbridge official tower has violated that municipality's or jurisdiction's towing ordinance, rules or regulations, may, at the discretion of the Police Director, or his designee, be considered to constitute a violation of the Woodbridge Township Wrecker Regulations (the "Ordinance") and if such violation be found, shall subject the owner and/or operator to discipline under the Ordinance.

§ 4-7.19 Release of Vehicles. [1]

[Ord. #94-32 § 9-31; Ord. #00-54 § 13; Ord. #01-07 § 15; Ord. #13-06 § 30]

Official towers shall only release vehicles towed as a consequence of the official tower's performance under this section after receiving a written authorization from the Police Department to release the vehicle.

Vehicles towed as a consequence of a call from the call list will be available for release during the entire period that the wrecker is on call and from 8:00 a.m. to 6:00 p.m. Monday through Saturday.

No official tower (i) shall enter into the Police Towing Yard without first notifying the Police Department of its desire or need to do so; nor (ii) enter into the Police Impound Lot to access, move, remove or release any vehicle unless escorted by the Police.

Editor's Note: Former § 4-7.19, Record Book of Vehicles Towed, as amended, was repealed 2-19-2019 by Ord. No. 19-26. Subsequent subsections were renumbered accordingly.

§ 4-7.20 Rotating Call List.

[Ord. #94-32 § 9-32; Ord. #13-06 §§ 1, 31-33]

The Police Department retains the right to assign the Department's internal capabilities for police related enforcement and initiatives, including but not limited to DWI check points, vehicle inspections, distracted drivers, and pedestrian safety; along with such other police related activities as the Police Department in its sole discretion deems appropriate. All remaining police related towing requirements and all non-police related towing requirements shall be assigned to the official towers on a rotating basis as set forth below.

Official towers shall perform licensed services on a rotating basis. The Police Director or his designee is hereby authorized to divide the Township into geographic areas based on his consideration of the public need and welfare and to establish a system of rotation in the assignment of wreckers in the areas when the owner or driver of a disabled vehicle declines or is unable to indicate any specific choice of a wrecker to remove the vehicle. No official tower shall respond to the scene of a disabled vehicle except upon notification by the Police Officer in charge at Police headquarters or upon request of the driver.

In the establishment of a rotation system of assignment of licensed wreckers, separate lists will be administered by the Police Department for light duty wreckers and heavy duty wreckers. If an official tower has both heavy duty and light duty wreckers licensed, the official tower's turn on the light duty list must be separate from its turn on the heavy duty list.

Such additional rules and regulations regarding the rotation of wreckers as may be promulgated hereunder by the Police Director or his designee and filed with the Municipal Clerk shall take effect immediately after service of a copy thereof on official towers, which service may be made by addressing same to the licensees by ordinary mail at their last known address. If, pursuant to the rules and regulations for rotation of wreckers adopted under this section, the Police Department summons a wrecker to the scene of a disabled vehicle for the purpose of removing the vehicle and the summoned wrecker shall arrive at the scene, the owner or driver of the disabled vehicle shall use the services of the summoned wrecker.

For all serious or fatal motor vehicle crashes, Middlesex County's contracted tower is to be notified by Police Headquarters to respond to the scene.

[Added 2-19-2019 by Ord. No. 19-26]

§ 4-7.21 Regulations Generally.

[Ord. #94-32 § 9-33; Ord. #04-10; Ord. #13-06 § 1; Ord. #13-59 §§ 2, 3]

The Police Director or his designee is hereby authorized and empowered to establish reasonable regulations for the inspection and operation of licensed wreckers, and for the design, construction, maintenance and condition of fitness for the safe conduct of the wrecker service business, in accordance with the standards herein. The Police Director or his designee shall maintain due vigilance over all licensed wreckers to see that they are kept in a condition of safety for the transportation and hauling of disabled vehicles, and shall have the right at all times to inspect all such licensed wreckers and shall maintain a record, in writing, of the report of all such inspections. If, at any time, the Police Director or his designee shall deem the equipment inadequate or unsafe, he shall have the power to demand immediate correction, and, if not corrected to the full satisfaction of the Police Director or his designee, he shall then have the power to revoke or suspend the license as in the case he may deem fit and proper, after a hearing is had upon the nature and circumstances of the violation. The Police Director or his designee is also hereby authorized and empowered to establish such additional regulations not inconsistent herewith, as may be necessary and reasonable to (i) govern the issuance of any license provided for in this section, or (ii) govern the conduct of the official towers, owners and operators. All regulations promulgated by the Police Director or his designee shall be filed with the Township Clerk.

Whenever the Police Director or his designee promulgates regulations pursuant to Subsection a of this section, notice of the promulgation shall be published in the official newspaper of the Township. That publication shall state that a regulation has been promulgated by the Police Director or his designee pursuant to the authority of the Woodbridge Township Wrecker Ordinance and state specifically that a copy of the regulations is on file in the Woodbridge Township Municipal Clerk's office and, unless an emergency situation arises, any such rules or regulation promulgated by the Police Director or his designee shall not become effective until 10 days after the date of publication in the newspaper.

The Police Director or his designee shall have the authority to designate sworn or unsworn personnel to be empowered to enforce violations of this section.

The Police Director, or his designee, shall have the authority to suspend immediately, pending a hearing, any official tower, or wrecker owner or operator who is (i) finally determined to violate the ordinance, rule, law or regulation of another jurisdiction; (ii) has been alleged to have violated the ordinance; or (iii) whose conduct, whether related or not to the operation of a wrecker, poses in the reasonable judgment of the Police Director, a threat to the health, safety or welfare of the public.

§ 4-7.22 Administrative Appeals.

[Ord. #94-32 § 9-34; Ord. #13-06 § 1]

An applicant for a license under this section, as well as any official tower, has the right to file an administrative appeal of any action taken or ruling made by the Police Director or his designee in the administration of this section. The appeal must, however, be filed in writing with the Business Administrator of the Township of Woodbridge within 10 calendar days of the Police Director or his designee's decision. A hearing is to be held within 30 days of the filing of the appeal with a written ruling forthcoming from the Business Administrator within 20 calendar days of the hearing. The Business Administrator's decision shall be the final administrative decision rendered on any appeal filed pursuant to this section.

§ 4-7.23 Applicability.

[Ord. #94-32 § 9-35]

Only official towers of the Township of Woodbridge are subject to the terms of this section. When the owner or driver of a disabled vehicle indicates a choice of a specific wrecker owner who is not licensed as an official tower, that wrecker shall be called to the scene only at the discretion of the Police Officer on the scene based on his consideration of public safety and the need to clear the scene. If any such wrecker is called to the scene, this section does not apply to that wrecker's activities.

§ 4-7.24 Abandoned or Unclaimed Vehicles.

[Ord. #94-32 § 9-36; amended 2-19-2019 by Ord. No. 19-26]

The Police Department shall be responsible for attempting to notify the owner of an abandoned vehicle towed under this section, within seven days of the tow, that his vehicle has been towed to the impound area.

§ 4-7.25 Sale of Unclaimed or Abandoned Vehicles.

[Ord. #94-32 § 9-37]

The Township of Woodbridge Police Department shall, at its sole judgment and uncontrolled discretion, arrange for public sale of any vehicle which has been the subject of impoundment or when the owner has failed to receive same. Such public sale shall be in accordance with New Jersey State law.

The Township of Woodbridge will not sell any vehicle without having first received the proper authorization for the sale as required by the New Jersey Motor Vehicle Commission in accordance with State law.

The proceeds from the sale of each vehicle shall be applied to the payment of any towing and storage charges due to the appropriate official tower pertaining to the vehicle sold. Any surplus funds per each vehicle shall be disposed of according to law. If the proceeds from such sale of a vehicle are insufficient to pay the accrued towing or service charges for that vehicle, the official tower agrees that there shall be no further liability of the Township of Woodbridge to pay same and any excess amounts which may be due shall be waived.

If no bids are received on a vehicle, then the official tower shall receive title for nominal consideration of five ($5.00) dollars for such vehicle in lieu of any fees which may be due the official tower pursuant to this section.

§ 4-7.26 Availability of Documents.

[Ord. #94-32 § 9-38]

Every official tower shall furnish, at its expense, the owner of a disabled vehicle with a copy of towing and storage rates as provided by this subsection. Furthermore, the Township, through the Municipal Clerk's Office and Police Department, shall make available all regulations and fee schedules under this section to any member of the public during normal business hours of the Township.

§ 4-7.27 Penalties.

[Ord. #94-32 § 9-39]

Any official tower who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment for a term not exceeding 90 days or both.

Notwithstanding the above penalty provisions, it is expressly ordained that in addition to any fines, the following suspension and revocation schedule is to be applied to the license of any official tower, together with all associated wrecker licenses, found to have violated the provisions of this section by charging and collecting service rates in excess of those set forth in Subsection 4-7.17.

90 day license suspension of any licenses issued under this section for a first offense;

180 day license suspension for a second offense;

Permanent revocation of any licenses issued under this section for a third offense.

§ 4-7.28 Effective Date.

[Ord. #94-32 § 9-40]

This section will become effective upon publication according to law, and be implemented as delineated in the proviso contained in Subsection 4-7.6a.

§ 4-7.29 Services to the Township.

[Ord. #84-32 § 9-41; Ord. #13-06 § 34]

The Township of Woodbridge believes there will be occasions that require the official tower to provide services to police vehicles for the Township. The official tower shall charge the Township according to the service rates delineated in Subsection 4-7.17 for performing these services. This is the only occasion in which the Township of Woodbridge will pay costs directly to the official tower. This municipal expenditure is subject to Local Budget Law. This service shall include but not be limited to jump starts and change of flat tires of police vehicles. Notwithstanding the foregoing, any storage fees paid by the Township shall be in accordance with N.J.S.A. 40:48-2.50 as amended from time to time.

§ 4-7.30 Severability.

[Ord. #94-32 § 9-42]

If any subsection or provision of this section shall be held invalid in any court of competent jurisdiction, the same shall not effect the other subsections or provisions of this section except so far as the section or provisions so declared invalid shall be inseparable from the remainder or any portion thereof.

§ 4-7A PREDATORY TOWING PREVENTION.

§ 4-7A.1 Sign Required for Parking Lots.

[Ord. #07-51]

No person shall tow any motor vehicle parked for an unauthorized purpose from any privately owned parking lot without consent of the motor vehicle owner or operator, unless: there is posted in a conspicuous place at all vehicular entrances to the property, which can easily be seen by the public, a sign approximately 36 inches high and 36 inches wide, which states:

The purpose or purposes for which parking is authorized and the times during which such parking is permitted;

That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;

The name and telephone number of the towing company that will perform the towing and the charges for the towing and storage of towed motor vehicles and the decoupling fee.

The requirements set forth above in Subsection a shall not apply to a motor vehicle parked on a lot or parcel on which is situated a single-family unit or an owner-occupied multi-unit structure of not more than six units.

§ 4-7A.2 Written Authorization.

[Ord. #07-51]

A towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the vehicle, without first obtaining the written authorization from the property owner or lessee, or its employee or agent, who shall be present at the time of the removal to verify the alleged violation if it occurs during normal business hours, except for the following: (1) general authorization in writing shall be sufficient for the removal of a motor vehicle parked on private property in a manner that interferes with the entrance to or exit from the property if the violation occurs at a time other than during the normal business hours of the premises of the property or lessee authorizing the removal of the vehicle, or (2) the vehicle is parked on private property within 15 feet of a fire hydrant, standpipe or other water source for fighting fires, in a fire lane, or in any space that is indicated by sign or painted curb as a no parking area.

§ 4-7A.3 Notification to Police Department.

[Ord. #07-51]

A towing company shall, upon removal of a vehicle pursuant to subsections 4-7A.1 and 4-7A.2, notify the Police Department whenever the owner or operator of the vehicle is not present at the time the vehicle is towed.

§ 4-7A.4 Release of Vehicle Prior to Towing.

[Ord. #07-51]

It shall be an unlawful practice for any towing company to fail: (1) when requested by the owner or operator of a vehicle subject to nonconsensual towing, to release vehicle to the owner or operator that has been, or is about to be hooked or lifted, but has not actually been moved or removed from the property when the vehicle owner or operator returns to the vehicle and pays the decoupling fee; or (2) to charge the owner or operator requesting release of the vehicle more than a fifty ($50.00) dollar decoupling fee.

§ 4-7A.5 Penalties.

[Ord. #07-51]

Any tower who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment for a term not exceeding 90 days or both.

§ 4-7A.6 Severability.

[Ord. #07-51]

If any provision or portion of a provision of this section is held to be unconstitutional, preempted by Federal or State law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this section shall not be invalidated.

§ 4-8 AUCTIONS AND AUCTIONEERS. [1]

Cross Reference. For provisions relating to close-out and special sales, see § 4-3 of this chapter.

MOVIE OBSCENE FOR PERSONS UNDER 18 YEARS OF AGE

Note: For statute authorizing municipalities to license and regulate public auctions and auctioneers, see N.J.S.A. 40:52-11 and 40:52-2.

§ 4-8.1 Purpose and Scope.

[1974 Code § 9-1]

The purpose of this section is the regulation of public auctions and auctioneers in the interest of the protection and preservation of the safety and property of the Township and its inhabitants and the protection of the public against fraud at public auction sales. The license fees prescribed in this section are imposed for the purposes of such regulation and for the raising of revenue.

The provisions and requirements of this section shall not apply to, nor include, any auction sale conducted under the judicial authority of any court of the State of New Jersey or of the United States, nor under any statute authorizing the auction sale.

§ 4-8.2 License Required.

[1974 Code § 9-2]

It shall be unlawful for any person to conduct any public auction sale within the Township unless he first applies for and obtains a license to conduct a public auction sale in accordance with the provisions of this section.

§ 4-8.3 Application; Contents.

[1974 Code § 9-3]

Any person desiring a license under this section shall file with the Township Clerk an application in writing, on a form furnished by the Township.

The application shall set forth the following information:

The name and address of the applicant;

The date or dates when the public auction sale will be held;

The location or address of the place where the public auction sale will be held.

§ 4-8.4 Issuance of License; Approval; License Fee.

[1974 Code § 9-4; Ord. #91-32]

A license under this section shall be issued by the Township Clerk only after approval by the Police Department of the Township.

The license fee shall be one hundred ($100.00) dollars for each day the licensee shall conduct a public auction sale. The fee shall be payable upon issuance of the license.

§ 4-8.5 Surety Bond Required.

[1974 Code § 9-5]

Before a license shall be issued, the applicant shall execute and deliver to the Township Clerk, a good and sufficient bond with good and sufficient surety, to be approved by the Director of Law, in the amount of two thousand five hundred ($2,500.00) dollars. The bond shall remain in force for one year and shall be conditioned to indemnify and pay the Township any penalties or costs incurred in the enforcement of any of the provisions of this section and the statutes of New Jersey and to indemnify or reimburse any purchaser of such personal property in a sum equal to at least the amount of any payment such purchasers may have been induced to make through the misrepresentation as to the kind, quality or value of such personal property, whether the misrepresentations were made by the owners or their servants, agents or employees either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property or any part thereof.

§ 4-8.6 Township Clerk as Applicant's Agent for Service of Process.

[1974 Code § 9-6]

Before a license shall be issued, the applicant shall file with the Township Clerk an instrument, in writing, nominating and appointing the Township Clerk as the applicant's true and lawful agent, with full power and authority to acknowledge service of any notice and process for and on behalf of the applicant in respect to any matters connected with the license and surety bond, or for the performance of the conditions of the bond or for any breach thereof. The instrument nominating and appointing the Township Clerk as agent shall contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon the agent and when so made shall be as valid as if personally served upon the applicant according to the laws of this or any other State, and waiving all claims or rights of error by reason of such acknowledgement of service or manner of service.

The Township Clerk shall keep a record of all notices and processes served upon him pursuant to the provisions of Subsection a of this subsection showing the date of such service. The Township Clerk shall forthwith notify the licensee of such service, by registered or certified mail addressed to the licensee at the residence address or registered office shown on the licensee's application. Such notification shall be deemed complete upon mailing.

§ 4-8.7 Display of Licenses; License Not Transferable.

[1974 Code § 9-7]

The license shall, at all times, be exposed in a conspicuous place on the premises where the public auction sale is to be conducted and while engaged in the business licensed.

The license shall not be assignable or transferable in any manner.

§ 4-8.8 Prohibited Practices.

[1974 Code § 9-8]

No licensee, or agent, servant or employee of any licensee, shall publish any false statement nor make any fraudulent representation to induce the sale or purchase of any goods, wares or merchandise that may be offered at any public auction sale.

§ 4-8.9 Sunday Auctions Prohibited; Night Auctions Regulated.

[1974 Code § 9-9; Ord.# 4-6-76]

No sale, by public auction, shall be held or permitted on Sundays.

No sale, by public auction, shall be held or permitted on any other day between the hours of 6:00 p.m. and 8:00 a.m. unless authorized by permit secured from the Township Clerk. The permit shall specifically designate the authorized hours and may also contain other restrictions inclusive, but not limited to, areas of parking.

§ 4-8.10 Bidding Practices Prohibited.

[1974 Code § 9-10]

No auctioneer shall accept false bids from any person.

It shall be unlawful for any person:

To act as a by-bidder, or what is commonly known as a "capper" or "booster" at any public auction;

To offer or make false bids on any personal property exposed or offered for sale at such auction;

To pretend to buy anything at any public auction sale, in order, in any manner, to stimulate such sales by any deceit or misrepresentation in the making of bids or offers for the purchase of any personal property exposed or offered therein for sale.

§ 4-8.11 Sales; Records.

[1974 Code § 9-11]

The licensee shall keep or cause to be kept an accurate written record of each article sold. The record shall set forth the quantity, quality, kind or grade of each item sold, the name and post office address of the purchaser thereof, and the price paid for each of the items.

§ 4-8.12 Revocation of License.

[1974 Code § 9-12]

In addition to the penalty provided in Subsection 4-8.13, any license issued under this section may be revoked by the Municipal Council if it determines, after notice and hearing, that the licensee has:

Made false statements in his application.

Perpetrated a fraud upon any person buying goods, wares or merchandise at a public auction sale conducted by the licensee;

Violated or failed to comply with any of the provisions of this section;

Been convicted of a crime or disorderly person's offense involving moral turpitude.

Notice of the hearing provided in Subsection a of this subsection shall be given in writing to the licensee. Such notice shall be delivered in person or sent by registered or certified mail, return receipt requested, addressed to the licensee at the address given in the application, at least five days prior to the date set for the hearing.

§ 4-8.13 Penalty.

[1974 Code § 9-13]

Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 4-9 LICENSING AND REGULATION OF PURCHASERS OF PRECIOUS METALS AND GEMS.

§ 4-9.1 Permitted Business; Definitions; License Requirements.

[1974 Code § 9-142; Ord. #80-27; Ord. #12-12]

No person, organization or business entity shall be permitted to (i) purchase; or (ii) sell or resell; precious metals or jewelry from or to, either (x) members of the public or (y) any person, organization or business entity; for the purpose of sale to the public, smelting or destruction, unless they are a precious metal dealer as defined in Subsection 4-9.1b and have obtained a license for the Township as required by Subsection 4-9.1c.

A precious metal dealer shall be a person or business entity whose primary business operation is the retail sale to members of the public of jewelry, watches, keepsakes, statues, figurines and/or precious items.

Precious metal dealers must prior to engaging in business activities be licensed by the Township in accordance with the procedure set forth herein.

§ 4-9.2 Registration Form.

[1974 Code § 9-143; Ord. #80-27 §§ 1, 2; Ord. #12-12]

The business entity shall authorize a representative to complete a registration application.

The registration application shall be made available to persons wishing to secure same through the Municipal Township Clerk's office.

The registration shall be filed with the Police Director of the Township or his designee.

The registration form shall be executed by that person or persons who are responsible for the day-to-day operation of the business and owner, if different. Where a corporation is involved, the President of the corporation shall sign same, and, where partnerships are involved, the managing partner shall sign same.

The registration form shall contain the following information:

The names and current addresses and telephone numbers of all principals of the business. If the business is a corporation, then the information shall include the names and current addresses and telephone numbers of all stockholders.

The place or places where the business entity shall operate from, as well as a listing of the hours when the entity proposes to conduct business.

The names and addresses of three business references.

A statement by the applicant that no principal of the business entity has any arrests or convictions of any crimes. In cases of a corporation, the certification shall apply to all stockholders. If there is an arrest or conviction record, same must be disclosed.

A list of business and home addresses of all principals of the business for the past five years.

The registration must also include a photograph of the person who will manage the day-to-day operation of the business, and that individual must also agree to be fingerprinted by the Township Police Department.

The obligations set forth herein shall be deemed continuing obligations. Any changes or modifications in any of the herein above required information shall be provided to the Police Director or his designee within five business days of its occurrence.

§ 4-9.3 Effect on Existing Businesses.

[1974 Code § 9-144; Ord. #80-27 § 3]

As to those business entities which are governed by this section and who are already doing business in the Township prior to the effective date of this section, then the businesses shall be licensed within 30 days of the effective date of this section.

§ 4-9.4 Fee; Term.

[1974 Code § 9-145; Ord. #80-27 § 4; Ord. #90-18; Ord. #09-102]

The annual fee for the license shall be one hundred ($100.00) dollars. All such licenses shall be issued for a period of one year commencing January 1 and expiring December 31 next following the date of issuance, and there shall be no rebate for any lesser time. The license shall be conspicuously exhibited upon the premises licensed thereunder. Any person seeking a license under this section shall file an application with the Township Clerk on a form supplied by said Clerk and pay a nonrefundable application fee of one hundred ($100.00) dollars for the processing of same.

Any "road show" that also deals in the purchase and/or sale shall only be required to pay the licensing fee as a transient merchant as set forth in Subsection 4-2.9.

§ 4-9.5 Record Required.

[1974 Code § 9-136; Ord. #80-15 § 1; Ord. #90-18; Ord. #12-12]

Any precious metal dealer shall maintain a written record of all purchases and shall be subject to this section.

§ 4-9.6 Form of Record.

[1974 Code § 9-137; Ord. #80-15 § 2]

The record shall be in a book, non-loose-leaf form, with all pages numbered in sequence. All entries shall be made in pen or ink. There shall be no spaces between entries, and each entry shall be numbered in sequence.

§ 4-9.7 Contents of Record.

[1974 Code § 9-138; Ord. #80-15 § 3; Ord. #09-102; Ord. #12-12]

The record shall contain the following information:

Date of sale.

Name and current address of seller.

Detailed description of items purchased.

Purchase price.

Color photo of items purchased by vendor.

Copy of the identification provided by seller.

§ 4-9.8 Identification of Seller.

[1974 Code § 9-139; Ord. #80-15 § 4; Ord. #12-12]

The purchaser shall require that the seller present valid, government issued identification to include color photo and current address. The record shall reflect the nature of the identification presented.

§ 4-9.9 Availability of Record for Inspection.

[1974 Code § 9-140; Ord. #80-15 § 5]

The purchaser shall make the record available for inspection to any law enforcement officer, upon demand, without the need for advance notice. The record shall be kept at the purchaser's business premises.

§ 4-9.10 Inspections.

[1974 Code § 9-140.1; Ord. #82-34 § 1; Ord. #12-12; Ord. #2015-65]

Each precious metal dealer doing business in the Township shall deliver to the Police Director of the Township, or his designee, the description of all items purchased, received, or sold, within 72 hours of the completion of the transaction, including color photo, in the manner prescribed by the Police Director of the Township or his designee.

§ 4-9.11 Prohibition.

[1974 Code § 9-140.2; Ord. #82-34 § 1; Ord. #02-20; Ord. #09-102; Ord. #12-12]

No precious metal dealer shall sell, melt, change the form or dispose of any articles purchased or received for a period of 10 business days from the date the notification is made to the Police Director of the Township or his designee. All such items that were purchased by the precious metal dealer shall be held for a period of 10 business days at the precious metal dealer's place of business, or home address, if they do not have a store.

§ 4-9.12 Precious Metals Buying/Selling "Road Shows."

[Ord. #09-102]

In addition to the requirements for licensing and regulating purchasers of precious metals and gems delineated in § 4-9 above, any dealers engaged in "road show" type events as defined in § 4-2 are also required to have an off-duty police officer posted at the location of the event. The fee charged for the off-duty police officer assignment will be in accordance with the overtime fee schedule and be based on the number of hours the vendor will operate. All costs incurred for the off-duty police officer shall be borne by the "road show" dealer.

§ 4-9.13 Violations and Penalties.

[1974 Code § 9-141, 9-146; Ord. #80-15 § 16; Ord. #80-27 § 5; Ord. #84-49 § 1; Ord. #90-18; Ord. #09-102]

Any person who shall violate any provision of this section or shall fail to comply with any of the requirements thereof shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 4-10 MOVIE THEATERS.

§ 4-10.1 Definitions.

[1974 Code § 9-147; Ord. #80-62]

As used in this section:

KNOWINGLY

Shall mean having knowledge of the character and content of the film or having failed to exercise reasonable inspection or inquiry which would disclose its character and content.

Shall mean any motion-picture film or preview or trailer to a film, not including newsreels portraying actual current events or pictorial news of the day, in which a scene, taken by itself:

Depicts a specified anatomical area or specified sexual activity, or the simulation of a specified sexual activity, or verbalization concerning a specified sexual activity; and,

Emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interests.

MOVIE THEATER

Shall mean any building adapted for exhibitions of motion-picture films to the general public for an admission fee.

MOVIE THEATER OPERATOR

Shall mean the owner, lessee, manager or other person authorized by the owner of a movie theater to publicly exhibit therein motion-picture films for an admission fee.

SPECIFIED ANATOMICAL AREA

Shall mean:

Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or,

Human male genitals in a discernibly turgid state, even if covered.

SPECIFIED SEXUAL ACTIVITY

Shall mean:

Human genitals in a state of sexual stimulation or arousal;

Any act of human masturbation, sexual intercourse or sodomy; or,

Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.

§ 4-10.2 License Required; Fee.

[1974 Code § 9-148; Ord. #80-62]

No building shall be used as a movie theater until the movie theater operator associated therewith shall have first obtained a movie theater license.

A movie theater license shall be granted by the Municipal Clerk of the Township of Woodbridge to a movie theater operator upon submission of a completed application form and upon the payment of a license fee in the amount of ten ($10.00) dollars.

§ 4-10.3 Prohibitions; Violations and Penalties.

[1974 Code § 9-149; Ord. #80-62]

No movie theater operator shall knowingly admit a person under 18 years of age to a movie theater exhibiting a movie obscene for persons under 18 years of age unless the person under 18 years of age, is in the company of his or her parent or legal guardian.

Any movie theater operator who shall violate Subsection a herein shall be subject to a fine of no more than one hundred ($100.00) dollars for a first offense and not more than five hundred ($500.00) dollars for a second offense. For a third or subsequent offense, a movie theater operator shall be subject to a fine of not more than five hundred ($500.00) dollars, a suspension of his license for not more than 30 days, or both. The commission of multiple offenses shall constitute grounds for license revocation.

No license granted hereunder shall be revoked except upon a 30 day notice and hearing before the Municipal Council.

Any movie theater operator who shall operate a movie theater without a license shall be punished by a fine of not more than five hundred ($500.00) dollars for each exhibition of a motion-picture film.

§ 4-10.4 Presumptions.

[1974 Code § 9-150; Ord. #80-62]

The admission of a person under 18 years of age to a theater then exhibiting a movie obscene for persons under 18 years of age shall constitute presumptive evidence that:

The movie theater operator made the admission knowingly; and,

The movie theater operator knew that the person was under 18 years of age.

§ 4-10.5 Defenses.

[1974 Code § 9-151; Ord. #80-62]

The establishment by a movie theater of all of the following facts shall constitute a complete defense to a prosecution under this section for knowingly admitting a person under 18 years of age to an exhibition of a movie obscene for persons under 18 years of age:

That the person under 18 years of age falsely represented in or by writing that he was age 18 or over; and,

That the admission of the person was made in good faith relying upon such written representation and in the reasonable belief that he was actually age 18 or over.

§ 4-11 (RESERVED) [1]

Editor's Note: Former § 4-11, Retail Florists, previously codified herein and containing portions of 1974 Code §§ 9-89 — 9-99 and Ordinance No. 91-35, was repealed in its entirety by Ordinance No. 03-16.

§ 4-12 TRAP OR SKEET RANGES.

§ 4-12.1 Definitions.

[1974 Code § 9-100]

As used in this section:

TRAP OR SKEET RANGE

Shall mean any place designed, used or intended to be used for the discharge of a shotgun at a mark or target. This shall not include or permit the use of rifles or pistols.

§ 4-12.2 License Required.

[1974 Code § 9-101]

It shall be unlawful for any person to open, operate, or maintain or cause to be opened, operated or maintained, any trap or skeet range within the limits of the Township without first having obtained a license therefor, in accordance with the provisions of this section.

§ 4-12.3 Application for License; Contents and Accompanying Map or Sketch.

[1974 Code § 9-102]

Every application for a license required by this section shall be filed with the Township Clerk upon forms to be furnished by him. The application shall be signed by the applicant, if an individual; and by a duly authorized agent, if a partnership or corporation.

The application shall set forth the following information:

Name and address of the record owner of the real estate upon which such range is located or to be located.

Name and address of the person in charge of and responsible for the maintenance of the range.

Description by way of map or sketch of the range, including the lot and block number as shown on the tax assessment map, upon which the range is located or to be located; the location upon the lot of the range; and the distance in feet between:

Firing points and the furthest targets;

Targets and the nearest property line; and,

Firing points and the nearest property line and direction of firing.

The sketch or description shall also show all houses, barns or other buildings and all streets or highways within 2,000 feet and in direction of fire of any part of the range and 1,000 feet on either side of the direction of fire.

§ 4-12.4 Investigation of Application; Recommendations.

[1974 Code § 9-103]

The Township Clerk shall refer each application for a license to the Chief of Police, who shall forthwith make or cause to be made an investigation of the character of the applicant and of the fitness and suitability of the range from the standpoint of public safety and compliance with the regulations set forth in this section. The Chief of Police shall refer a copy of the application and all sketches and descriptions to the Township Engineer who shall ascertain whether the construction of the range complies with the requirements and specifications set forth in this section and report his findings, in writing, to the Chief of Police.

After completing such investigation, the Chief of Police shall return the application to the Township Clerk endorsing thereon his recommendation of approval or disapproval of the issuance of the license, together with:

Written report of the Township Engineer, and,

Written report of the Chief of Police in which he shall indicate his findings and the reasons for his recommendation of approval or disapproval.

The Chief of Police may make suggestions in his report, for additional safety precautions to be taken by the applicant.

The application with all recommendations and reports thereon, shall be submitted by the Township Clerk to the Township Council for its action. The Council may thereupon authorize the issuance of the license, deny the application, or may conduct such further investigation of the facts set forth in the application as it shall deem necessary before granting the license.

§ 4-12.5 Issuance of License; Fee; Term; Display.

[1974 Code § 9-104]

Upon adoption of a resolution by the Council authorizing the issuance of the license, the Township Clerk shall issue the license upon the payment of a fee of twenty-five ($25.00) dollars by the applicant for the range to be licensed.

All such licenses shall be issued for the period of one year commencing January 1 and expiring December 31 next following the date of issuance, and there shall be no rebate for any lesser time. The license shall be conspicuously exhibited upon the premises licensed thereunder.

§ 4-12.6 Additional Regulations.

[1974 Code § 9-105]

No license shall be issued for any trap or skeet range, unless, in addition to any other requirements and specifications provided in this section, such range is so constructed and maintained so as to prevent any shot, bullet or missile from going beyond the property line on which the range is located. In the construction of the range and maintenance thereof by the licensee, the applicant-licensee shall comply with the specifications of the National Rifle Association of America, which are incorporated herein by reference or their equivalent, and to the recommendations of the association for safety. The failure of the licensee to take the foregoing precautions shall subject the license to revocation after due hearing, on notice, has been held. Each trap of skeet range shall be under the supervision of qualified persons.

No rifles or pistols shall be used or permitted on any trap or skeet range. The maximum size of skeet shot permitted shall be 12 gauge and shall consist of three drams of powder or equivalent and one and one-eighth (1 1/8) ounces of number nine shot. The maximum size of trap shot permitted shall be 12 gauge, consisting of three drams of powder or equivalent, and one and one-eighth (1 1/8) ounces of number seven and one-half (7 1/2) shot.

The Chief of Police is empowered to make regular inspections at intervals of not less than three months in order to carry out the provisions of this section. Where, in his opinion, a range is being conducted contrary to the provisions of this section or is not under qualified supervision, or is not conducted in accordance with the rules and regulations prescribed by this section, and such a violation constitutes a danger to the safety of the public and of adjacent property owners, the Chief of Police shall have the power to direct the discontinuance, temporarily, of the use of the range, in which case he shall submit his report in writing to the Council for appropriate action under this section.

§ 4-12.7 Hours of Operation.

[1974 Code § 9-106]

No person shall open or operate a trap or skeet range licensed under this article before 9:00 a.m. on any week day or before 12:00 noon on Sunday, and not later than 6:00 p.m. or an hour before sunset, whichever is earlier.

§ 4-12.8 Revocation and Suspension of License.

[1974 Code § 9-107]

All licenses issued under this section are subject to revocation or suspension by the Council, after hearing on due notice to the licensee, for failure to comply with the terms of this section or of any of the rules and regulations thereof relating to the maintenance and use of the trap or skeet range.

§ 4-12.9 Exemptions from Licensing Fee Requirements.

[1974 Code § 9-108]

The requirement for the payment of a license fee specified in Subsection 4-12.5 shall not apply to any ranges set up by the following persons:

Members of the Township Police Department;

Members of any municipal, County or State of New Jersey Police Department;

Detectives of the Office of the Prosecutor of Middlesex County;

Conservation officers of the State of New Jersey;

Any other person authorized by the statutes of New Jersey to carry firearms in the performance of his duties.

Except for the foregoing exemption from payment of the license fees, the remaining provisions of this section, including the safety regulations, shall apply.

§ 4-12.10 Penalty.

[1974 Code § 9-109; New]

Any person who violates, or causes, suffers or permits the violation of any provision of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 4-13 through § 4-14. (Reserved)

§ 4-15 SLENDERIZING SALONS AND SPAS. [1]

Editor's Note: See Chapter 35, Health Regulations.

§ 4-15.1 License Required; Renewal.

[1974 Code § 20A-1; Ord. #85-6 § 1]

No owner, including agents of owners or managing agents shall operate a slenderizing salon or spa in the Township without first procuring a license pursuant to Ordinance No. 84-11, adopted March 20, 1984. The license shall be renewed annually, no later than December 31 of the preceding year.

§ 4-15.2 Additional Provisions.

[1974 Code § 20A-2; Ord. #85-6 § 2]

All slenderizing salons and spas shall be subject to an annual inspection and subject to all the provisions of the BOCA Basic Housing Property Maintenance Code, 1975 as amended and supplemented, as adopted in Chapter 18 of the Revised General Ordinances of the Township of Woodbridge, New Jersey, and the New Jersey Public Health Nuisance Code (adopted 1953) as amended and supplemented, as adopted in Chapter 35 of the Revised General Ordinance of the Township of Woodbridge, New Jersey, and the Swimming Pool Code of New Jersey, 1955 as amended and supplemented, as adopted in Chapter 35 of the Revised General Ordinances of the Township of Woodbridge, New Jersey.

§ 4-15.3 Approvals.

[1974 Code § 20A-3; Ord. #85-6 § 3]

Licensure by the Division of Health will be contingent upon annual satisfactory approvals by the Division of Housing and the Fire Subcode Official.

§ 4-15.4 Violations and Penalties; Enforcement.

[1974 Code § 30A-4; Ord. #85-6 § 4]

Any person who shall violate the provisions of this section shall be liable to the penalty stated in Chapter 1, § 1-5. Each and every day that this section shall be violated in any of its provisions shall be considered a distinct offense. This section shall be enforced by the Health Department of the Township.

§ 4-16 CIRCUSES AND CARNIVALS. [1]

OTHER SEASONAL PLANTS, FOLIAGE AND RELATED ITEMS

Editor's Note: For State law forbidding licensing of traveling shows except upon compliance with compulsory insurance provisions of the Workmen's Compensation law, see N.J.S.A. 40:52-1.1.

§ 4-16.1 Permit Required; Terms and Conditions; Applications.

[1974 Code § 5-15; Ord. #79-44]

No circus or carnival shall be conducted anywhere in the Township unless written application therefor has been made to the Municipal Council and the Council has by its resolution granted permission for such circus or carnival to be conducted, subject to the provisions of N.J.S.A. 40:52-1.1 and further subject to the following stipulations:

Agreement of the applicant to provide for the presence of a minimum of five uniformed security personnel at all times when the circus or carnival is being conducted.

Agreement of the applicant to provide such permanent or portable lavatory facilities as the Township Department of Health shall deem necessary.

Such other terms and conditions as the Council may provide in such resolution for such circus or carnival to be conducted.

§ 4-16.2 Contents and Filing of Application.

[1974 Code § 5-16]

The application mentioned in Subsection 4-16.1 shall state the time and place such circus or carnival is to be conducted and shall be filed with the Township Clerk not later than the 15th day of the month of April preceding the date upon which the circus or carnival is to be conducted. The Township Council shall have the right, in its discretion, to waive the late filing of the application hereinabove mentioned.

§ 4-16.3 Hours of Operation.

[Ord. #91-50]

All circuses and carnivals shall cease operation not later than 11:00 p.m. on Sundays through Thursdays inclusive and 12:00 midnight on Fridays and Saturdays.

§ 4-16.4 Penalty.

[1974 Code § 5-17]

Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 4-17 SALE AND DISPOSAL OF CHRISTMAS TREES.

§ 4-17.1 Definitions.

[1974 Code § 9-158; Ord. #90-63]

As used in this section:

NATURAL CHRISTMAS TREES

Shall mean and include scotch pines, pines, balsams and other trees normally purchased for decoration and use in homes, offices, businesses or other displays associated with the Christmas holidays.

Shall mean poinsettias, wreaths, tree stands, holly and grave blankets and other items associated with the Christmas and/or Hanukkah holidays.

§ 4-17.2 Permit Required.

[1974 Code § 9-159; Ord. #90-63]

No person, partnership or other entity may offer for sale to the public Christmas trees or other seasonal plants, foliage or related items without first having obtained a permit authorizing the sales from the office of the Township Clerk.

§ 4-17.3 Application for Permit.

[1974 Code § 9-160; Ord. #90-63]

All applicants shall provide the Township Clerk with the following information:

The name, address and telephone number of the applicant.

The location at which applicant shall conduct the business.

The date and hours of operation.

The name and telephone number of a representative of the applicant to be contacted in the case of an emergency.

The name and address of the person or firm with whom the applicant has contracted to remove its garbage and other debris.

§ 4-17.4 Fee and Bond.

[1974 Code § 9-161; Ord. #90-63]

The applicant shall pay a fee of two hundred ($200.00) dollars to the Township upon the issuance of the permit. Additionally, the applicant shall post a performance bond or cash bond with the Township Clerk in an amount of five hundred ($500.00) dollars to insure that the premises are left in a clean condition upon the termination of the applicant's business.

§ 4-17.5 Expiration of Permit.

[1974 Code 9-162; Ord. #90-63; Ord. #98-20 § 1]

The permit, when issued, shall be valid from November 1 of each year and shall expire on December 31 of the same year.

§ 4-17.6 Display of Permit.

[1974 Code § 9-163; Ord. #90-63]

Upon issuance of the permit, the vendor shall prominently display the same at its location during business hours and shall, upon request from officials of the Township, exhibit the same to such officials.

§ 4-17.7 Exceptions.

[1974 Code § 9-164; Ord. #90-63; Ord. #98-65 § 1]

Businesses who offer for sale in their ordinary course of business, plants, trees or other related items, whether they be the principal goods offered for sale or seasonal goods offered for sale during the holiday season shall be exempt from the requirements of this section except for those requirements set forth in Subsection 14-17.11 relative to the distribution of Christmas tree safety information.

§ 4-17.8 Sale by Nonprofit Organizations.

[1974 Code § 9-165; Ord. #90-63]

Any nonprofit or charitable organization which desires to sell any of the goods described herein for the express purpose of raising funds in connection with their charitable endeavors shall obtain the necessary permit. However, the Township Clerk is empowered to waive the payment of the fee of two hundred ($200.00) dollars described herein but in no event shall the performance bond or cash bond of five hundred ($500.00) dollars be waived for any entity seeking a permit pursuant to this section.

§ 4-17.9 Disposal of Christmas Trees.

[1974 Code §§ 15-33—15-36]

Declaration of Necessity. The Town-ship Council hereby finds and determines:

It has been found upon occasions that the sellers of Christmas trees, upon completion of the Christmas holidays, have abandoned or otherwise permitted such trees to remain on the premises on which they have been sold, or offered for sale; and,

Such trees become dry and flammable, thereby creating a fire hazard dangerous to the public safety.

Responsibility of Seller. Every person who, on any lands or premises in the Township, has sold or offered to sell any Christmas trees at any time during the period between December 1 of any year and January 10 of the next succeeding year shall, at the sole cost and expense of such person, immediately after January 10 remove, or cause to be removed, from the lands or premises all such Christmas trees remaining thereon and dispose of the same.

Responsibility of Owner of Land. Every owner of any such aforementioned lands or premises shall, at the sole cost and expense of such owner, remove, or cause to be removed therefrom all such remaining Christmas trees immediately after January 10 and dispose of same.

Construction of Subsection. Nothing herein is to be construed as affecting or abridging the provisions of any other ordinance relative to the prevention of fire, or creating or maintaining a nuisance or dangerous condition.

§ 4-17.10 Violations.

[Ord. #98-20 § 2]

Any vendor found to be in violation of this section shall be denied a permit for three successive years.

§ 4-17.11 Distribution of Christmas Tree Safety Information.

[Ord. #98-65 § 1]

Every vendor shall obtain from the Township Clerk a copy of "Christmas Tree Safety Tips" a copy of which is annexed hereto and incorporated herein as Exhibit "A". [1] Every vendor shall be required to reproduce the "Christmas Tree Safety Tips" and shall distribute same along with each and every Christmas tree sold to the purchaser thereof. The failure of a vendor to comply with the requirements of this section may result in the termination of his or her permit by the Township Clerk and/or the imposition of the minimum penalty set forth in § 1-5.2 of these Revised General Ordinances.

PROPERTY or RESIDENTIAL DWELLING or RESIDENTIAL PROPERTY

Editor's Note: Exhibit A, referred to herein, may be found on file in the office of the Township Clerk.

§ 4-18 GARAGE SALES.

§ 4-18.1 Purpose.

[Ord. #94-59 § 1]

It has come to the attention of the Township Council that there are being conducted in the Township numerous garage sales at the same sites throughout the course of each year where new and/or used items are being offered for sale. As a result, parties are engaging in a commercial enterprise in residential neighborhoods adversely affecting the character of the residential neighborhood and traffic. The purpose of this section is to place certain restrictions upon garage sales so that they are limited to Township residents at residential properties and which would prohibit garage sales from being used for commercial purposes.

§ 4-18.2 Definitions.

[Ord. #94-59 § 2]

As used in this section:

GARAGE SALE

Shall mean a public sale of used personal property at a residential property in the municipality, which personal property is owned by the resident of the property where the sale is held, and which sale is commonly referred to as a "garage, yard, porch, attic, basement or lawn sale."

RESIDENT

Shall mean:

A tenant of a residential property, located in the Township who resides at the property, or a person who is over the age of 18 years, and a member of the immediate family of the tenant, and who resides at the property; or

An owner of a residential dwelling named in the deed granting title to the property and who resides at the property, or a person who is over the age of 18 years and a member of the immediate family of the person named on the deed and who resides at the property.

Shall mean a residential dwelling, a condominium unit, a townhouse or an apartment in a one to four family residential dwelling, apartment building or complex.

§ 4-18.3 Restrictions.

[Ord. #94-59 § 3]

Any person who is not a resident of the Township of Woodbridge shall not conduct a garage sale at any time at any place in the Township.

Any resident of the Township of Woodbridge over the age of 18 years may conduct a garage sale only in accordance with the provisions of this section.

No garage sale shall be held except at a residential property as defined in this section.

§ 4-18.4 Application Permit.

[Ord. #94-59 § 4]

Any resident wishing to conduct a garage sale shall apply, in writing, to the Township Clerk for a garage sale permit at least two business days prior to the date the resident wishes to conduct the garage sale. The application shall be in the form prescribed by the Township Clerk. There shall be no fee for the application or the issuance of the permit. Upon a proper application being filed, the Township Clerk shall issue to the resident a permit to conduct the garage sale. The permit shall provide the sale dates and the date for any additional one day that may be required due to the cancellation of one of the sale dates ("raindate") and the location of the garage sale. The permit shall be prominently displayed at the site of the garage sale.

§ 4-18.5 Limitations.

[Ord. #94-59 § 5]

A resident or members of his or her immediate family shall be limited to no more than three garage sale permits in any one calendar year at the same residential property.

A garage sale shall not commence earlier than 8:00 a.m. and end not later than 5:00 p.m. on any calendar day, and shall not be conducted for more than three consecutive days, or three days in total including the raindate.

A garage sale shall not be held on any day, or at any property, not listed in the garage sale permit.

Garage sales shall be conducted within the property lines of the residential property and items offered for sale at garage sales shall not be placed on any sidewalk, street or public right-of-way.

No garage sale in an apartment complex, condominium complex, townhouse complex, or other similar type of residential complex shall be held in an area of the property which would impede or interfere with the ingress or egress of pedestrian or vehicular traffic, to and from, and within the complex.

§ 4-18.6 Consent of Landlord Homeowners' Association/Owner.

[Ord. #94-59 § 6]

In the event the resident seeking a garage sale permit is a tenant or is an owner or tenant where the residential property is subject to a homeowners' association or an adult resident who is in the immediate family of the owner or the tenant, then, in that event, the resident's application for the garage sale permit must contain the written consent of the landlord, and/or the consent of the homeowners' association, and/or the owner respectively and written consent shall be attached to the application to the Township Clerk for the garage sale permit.

§ 4-18.7 Penalties.

[Ord. #94-59 § 7]

Any person or persons found guilty of violating this section shall be subject to a fine of not more than five hundred ($500.00) dollars for the first offense and not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars for the second or subsequent offense.

§ 4-18.8 Enforcement.

[Ord. #94-59 § 8]

This section shall be enforced by the Police Department and/or the Zoning and Building Department.

§ 4-19 LICENSING OF ALARM SYSTEMS.

§ 4-19.1 Definitions.

[Ord. #93-01 § 1; Ord. #95-113 § 1; Ord. #00-26 § 1; Ord. #07-36]

As used in this section:

ALARM SYSTEM

Shall mean the combination of sensory apparatus and related hardware which, when activated by the appropriate stimulus, produces a signal making known the existence of an emergency situation normally involving either a criminal act or a fire emergency and requiring immediate investigation or response by a law enforcement agency, fire department, alarm agent or other person or agency.

AUTOMATIC DIALING SERVICE

Shall mean and shall refer to an alarm device which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.

DEVICE

Shall mean any hardware included in the particular system referenced, such as hardware included in automatic dialing service or hardware included in an alarm system.

FALSE ALARM

Shall mean the activation of an alarm signal for any reason other than that for which it was installed and classified at the time of installation. This definition shall not include the activation of an alarm signal caused by malfunctioning telephone lines.

FIRE DISTRICTS

Shall mean those established by law as delineated in Chapter 24, entitled Fire Prevention, of the Revised Ordinances of the Township of Woodbridge.

LOCAL ALARM SYSTEM

Shall mean a signaling system, which, when activated, causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed.

NO RESPONSE CATEGORY

Shall mean when the appropriate responding agency ceases to respond to any type of alarm generated from the premises in question.

Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

POLICE CHIEF

Shall mean the Chief of Police of the Township of Woodbridge or his designated representative.

POLICE DEPARTMENT

Shall mean the Police Department of the Township of Woodbridge.

REMOTE SIGNALING SYSTEM

Shall mean an alarm system which, when activated by an alarm device, transmits a signal from an alarm signaling device to a central location, other than the Police Department, where appropriate action is taken to investigate and respond to the signal.

RESPONDING AGENCY

Shall mean the Police Department or local fire district that responds to an alarm.

RESPONSE CATEGORY

Shall mean when the appropriate responding agency will respond to any type of alarm generated from the premises in question.

SUBSCRIBER

Shall mean a person who buys, leases or otherwise obtains a local alarm system or a person who buys, leases or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device.

TOWNSHIP

Shall mean the Township of Woodbridge.

§ 4-19.2 Automatic Dialing Service Restrictions.

[Ord. #93-01 § 2; Ord. #95-113 § 1; Ord. #00-26 § 2]

No automatic dialing service will be connected directly to the Woodbridge Police Department. All alarm signals must be transmitted through an alarm company central station privately contracted by a subscriber.

§ 4-19.3 Standards for Local Alarms.

[Ord. #93-01 § 3; Ord. #00-26 § 3]

Local alarms and systems, in addition to any other requirement imposed by this chapter, if operated in this jurisdiction, will meet the following requirements:

It shall be unlawful to operate an audible local alarm system which does not shut off within a maximum time of 15 minutes from the time of activation.

If the alarm system has an automatic cutoff with a rearming phase, the rearming phase must be able to distinguish between open and closed circuit, and, if the circuit is broken, the system shall not rearm.

§ 4-19.4 Testing of Equipment.

[Ord. #93-01 § 4; Ord. #00-26 § 4]

Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the Police Department, unless the messages are to be relayed to the Police Department.

§ 4-19.5 Registration of Residential/ Business Alarm Systems.

[Ord. #00-26 § 5; Ord. #00-37 § 1]

All residential/business alarm systems, including local alarm systems must be registered with the Woodbridge Township Police Department on a prescribed registration form.

Completed registration forms will be submitted to the Woodbridge Police Department Records Bureau.

Upon completion of registration the subscriber will receive a decal which must be displayed in a clearly visible location (front door or window adjacent to the front door) accessible to the responding agency. A copy of the ordinance will also be provided upon request.

It will be the responsibility of the subscriber to update registration information whenever there is a change in name, emergency contacts or alarm company provider. There will be no charge for updating information.

§ 4-19.6 Response/False Alarms.

[Ord. #93-01 § 5; Ord. #95-113 § 3; Ord. #00-26 § 6; Ord. # 07-36]

Responses to alarms shall be made by the appropriate responding agency in accordance with the Township's First Response Policy.[1]

MASSAGE, BODYWORK AND SOMATIC THERAPIES

Editor's Note: For provisions regarding Woodbridge Township's First Response Policy, refer to § 2-92.

When emergency messages are received by the Police Department that show evidence of a failure to comply with the requirements of this chapter, which shall be determined upon the receipt of written report from the responding agency, the Police Chief is authorized to demand that the owner or lessee of such device, or his representative, disconnect such device until it is made to comply with the requirements. This section shall apply to all alarm systems in the Township of Woodbridge.

Upon responding to an alarm, the appropriate responding agency shall notify the appropriate dispatcher of the disposition of the alarm. The dispatcher will then notify the alarm company of the disposition. It will be the responsibility of the alarm company to notify its subscriber of the false alarm activation.

Whenever a responding agency determines that an alarm has not been registered, a letter will be sent to the address the alarm originated from, by the appropriate responding agency. The letter will advise the owner of the residence/business to register their alarm within 30 days or be subject to a penalty of fifty ($50.00) dollars and placement into the no response category.

Upon the fourth, fifth and sixth false alarms within a calendar year, an amount of one hundred ($100.00) dollars shall be paid by the subscriber to the Police Department and/or the applicable Fire District, whichever is the appropriate responder, within 30 days from the date of notification by any and/or all of the groups above that a false alarm has occurred. The Police Department and Fire Department are individually responsible for billing and collecting fines from subscribers for responses made by each respective agency. The alarm count will be calculated separately by each responding agency, which will be determined from the type of call received at the dispatch center. Each agency's response category is independent of the other for purposes of this section. In the event the fee is not paid within 30 days, then any and/or all of the groups above, in addition to utilizing the Penalty Enforcement Act, N.J.S.A. 2A:58-1 et seq. to collect the aforesaid fees, shall also notify the subscriber and the appropriate alarm company that the subscriber has been placed in the no-response category.

Upon the seventh false alarm within a calendar year, the subscriber alarm will be placed in the no-response category and a fee of one hundred ($100.00) dollars shall be paid by the subscriber to the Police Department and/or the applicable Fire District, whichever is the appropriate responder, within 30 days from the date of notification by any and/or all of the groups above that a false alarm has occurred. The Police Department and Fire Departments are individually responsible for billing and collecting fines from subscribers for responses made by each respective agency. The alarm count will be separately calculated by each responding agency, which will be determined from the type of call received at the dispatch center. Each agency's response category is independent of the other for purposes of this section. In the event the fee is not paid within 30 days then any and/or all of the groups above shall utilize the Penalty Enforcement Act, N.J.S.A. 2A:58-1 et seq. to collect the aforesaid fees.

However, with regard to Subsection f1, a Fire District can place a subscriber into an as-response made category in lieu of placing a subscriber into a no-response category. The Fire District will be allowed to fine the offending party five hundred ($500.00) dollars per offense.

Procedure for Return to Response Status.

The subscriber shall apply to the appropriate agency(ies), in writing, requesting to be returned to response status.

Prior to placement into the 30 day probationary response status, the subscriber shall pay a fee of one hundred ($100.00) dollars to the Police Department and/or the applicable Fire District, whichever is the applicable responder.

Probationary Response Period.

The probationary response period shall consist of 30 days.

In the event that a false alarm is received during the probationary period, the appropriate agency(ies), as set forth above, shall notify the subscriber that the subscriber has been placed in the no-response category.

As stated above in Subsection f2, a Fire District can place a subscriber into an as-response made category in lieu of placing a subscriber into a no-response category. The Fire District will be allowed to fine the offending party five hundred ($500.00) dollars per offense.

Reinstatement to Probationary Status.

The subscriber shall apply to the appropriate agency(ies), as set forth above, in writing, requesting to be returned to response status.

Prior to placement into the second 30 day probationary response status, the subscriber shall pay any outstanding fee plus a reinstatement fee of one hundred ($100.00) dollars to the Police Department and/or the applicable Fire District, whichever is the applicable responder.

Disconnection of Offending Alarm. In the event that a subscriber violates probationary status two times during a calendar year, then the alarm owner shall disconnect the offending alarm system to include the sounding of any outside audible alarm. The subscriber shall have the right to appeal to the Chief of Police and/or applicable Fire District Official, who shall conduct a hearing to determine whether reconnection is warranted.

If a false alarm is not transmitted within the probationary period, the subscriber shall be returned to the fourth alarm status, and, if no additional alarms are transmitted for the remainder of the calendar year, the subscriber shall be returned to zero alarm status. At the beginning of the new calendar year, all subscriber alarm counts will be set back to zero unless the subscriber has outstanding fees or his/her alarm is in an other than "response" category in which case all fees must be paid and all corrective measure requirements must be met before the subscriber's alarm will be set back to a zero count.

Notwithstanding the foregoing, where two or more false alarms are received within a short duration of time by the Police Department and/or the applicable Fire District, whichever is the applicable responder, due to equipment malfunction only, the appropriate responding agency, in its discretion, may count the incidents as one false alarm for the penalty provisions of this chapter.

Notwithstanding the foregoing, where a false alarm is received within 10 days of the initial alarm system installation date, due to equipment malfunction only, the appropriate responding agency, in its discretion, may excuse the penalty provisions of this chapter.

§ 4-19.7 Violations and Penalties.

[Ord. #93-01 § 6; New; Ord. #00-26 § 7]

Failure to comply with any provision of this section shall be cause for a court action against the responsible party or parties, and a finding of guilt shall result in a fine of not less than twenty-five ($25.00) dollars for each and every separate violation.

Disorderly persons fine schedule:

Not less than twenty-five ($25.00) dollars nor more than one thousand ($1,000.00) dollars or imprisonment for a period not to exceed 90 days.

§ 4-20 MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENTS.

§ 4-20.1 Definitions.

[Ord. #99-23 § 1]

Shall mean any systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.

MASSAGE, BODYWORK AND SOMATIC THERAPIST

Shall mean any person certified pursuant to the provisions of the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999 c. 19.

MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT

Shall mean any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.

§ 4-20.2 Noncertified Therapists Prohibited.

[Ord. #99-23 § 1]

As of August 7, 1999, the effective date of the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999 c. 19, the administering of massage, bodywork and/or somatic therapies for any form of consideration by any person not certified by the State of New Jersey pursuant to said Act shall be prohibited throughout the Township of Woodbridge.

§ 4-20.3 Permit Required.

[Ord. #99-23 § 1]

No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Woodbridge as or for a massage, bodywork and somatic therapy establishment unless or until such person, firm or corporation has obtained a permit for such establishment or premises from the Municipal Clerk in accordance with the terms and provisions of this section.

§ 4-20.4 Application Fees.

[Ord. #99-23 § 1; Ord. #99-43; Ord. #04-13]

Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with the Municipal Clerk upon a form provided by the Clerk and pay a fee of five hundred ($500.00) dollars, which shall be nonrefundable, unless the applicant (i) voluntarily withdraws the application within five days of filing, and (ii) can demonstrate that it has not operated the business for which the application is pending during said five day period; in which event, one hundred fifty ($150.00) dollars shall not be refundable. All permits shall be valid for a period of three years from the date of issuance. Permittees may renew their permits prior to expiration by filing a new application with the Municipal Clerk in the manner prescribed in this section and accompanied by the requisite fee.

Anyone operating an establishment as described herein without first having obtained a license as required under this ordinance and/or while such license is suspended or lapsed, shall be subject to a fine of up to five hundred ($500.00) dollars per day for each day of said violation.

§ 4-20.5 Application for Permit.

[Ord. #99-23 § 1]

Any person desiring a massage, bodywork and somatic therapy establishment permit shall file a written application with the Municipal Clerk upon a form provided by the Clerk. The application form shall contain the following information:

The type of ownership of the business i.e., whether individual, partnership, corporation or otherwise.

The name, style and designation under which the business is to be conducted.

The business address and all telephone numbers, including facsimile, where business is to be conducted.

A complete list of the names and residence addresses of all massage, bodywork and somatic therapists and employees of the business and the name and residence address of the manager or other person principally in charge of the operation of the business.

A sworn statement indicating that all massage, bodywork and somatic therapists employed or to be employed by the establishment or otherwise permitted to work at the establishment have been certified by the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999 c. 19.

The following personal information concerning the applicant, if an individual; concerning each stockholder holding more than ten (10%) percent of the stock of the corporation, each officer and each director, if the applicant is a corporation; concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the operation of the business shall be provided:

The name, complete residence address and residence telephone number.

The two previous addresses immediately prior to the present address of the applicant.

Written proof of age.

Height, weight, sex, color of hair and eyes.

Two front-face portrait photographs taken within 30 days of the date of the application and at least two by two inches in size.

The massage therapy or similar business history and experience, including, but not limited to, whether or not such person has previously operated in this or another municipality or state under a license or permit or has had such license or permit denied, revoked or suspended and the reason therefor and the business activities or occupations subsequent to such action or denial, suspension or revocation.

All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof. The applicant shall execute a waiver and consent to allow a fingerprint and criminal background check by the Township Police Department. Failure to execute such a waiver and consent shall result in a denial of a permit.

The names and addresses of three adult residents of the County who will serve as character references. These references must be persons other than relatives and business associates.

§ 4-20.6 Building Requirements: Inspections.

[Ord. #99-23 § 1]

The Municipal Clerk, upon receiving an application for a massage, bodywork and somatic therapy establishment permit, shall refer the application to the Building Department and the Health Department, which Departments shall inspect the premises proposed to be operated as such an establishment and shall make written recommendations to the Municipal Clerk concerning compliance with the codes that they administer. No massage, bodywork and somatic therapy establishment shall be issued a permit or be operated, established or maintained in the Township unless an inspection by the Building Department and Health Department reveals that the establishment complies with the minimum requirements of the Building and Health Codes for businesses operating in the Township of Woodbridge. In addition, the establishment must comply with each of the following minimum requirements:

All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected.

Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.

The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

Adequate hand washing facilities shall be provided at convenient locations as necessary to maintain clean hands and arms of all employees during hours of operation.

§ 4-20.7 Investigating and Fingerprinting of Applicant.

[Ord. #99-23 § 1]

With the exception of massage, bodywork and somatic therapists who are certified pursuant to P.L. 1999 c. 19, all applicants seeking a permit under this section shall be fingerprinted by the Woodbridge Township Police Department. The Woodbridge Township Police Department shall fingerprint such applicants on Wednesdays between the hours of 10:00 a.m. and noon and 1:00 p.m. and 3:00 p.m., or as otherwise determined by the Woodbridge Township Police Department. The applicant shall pay a fee of forty-eight ($48.00) dollars to the Police Department for the cost of fingerprinting.

When said application is properly filled out, signed by the applicant and has been filed with the Municipal Clerk with all accompanying information, the application shall be referred by the Clerk to the Township Police Department. The Chief of Police or his or her designee shall investigate the information available as to the good moral character of the applicant, and approve or disapprove the application within 90 days. Reasons for disapproval shall be set forth in writing on the reverse side of the application. The application shall be returned to the Municipal Clerk who will either issue the permit or notify the applicant of a denial.

§ 4-20.8 Suspension or Revocation of Permit.

[Ord. #99-23 § 1]

Permits issued under this section may be revoked by the Chief of Police, after notice and a hearing, for any of the following causes:

Fraud, misrepresentation or false statement in the application for the permit.

Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the Township.

Any violation of this section.

Conviction of a crime involving moral turpitude, a felony, an offense involving sexual misconduct, keeping or residing in a house of prostitution, and any crime involving dishonesty.

Conducting the permitted business in the Township is an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.

Notice of the hearing for the revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the permittee at his/her last known address at least five days prior to the date set for the hearing.

Such permit may, pending revocation proceedings, be suspended for not more than 10 days by the Chief of Police if, in his/her opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the Township of Woodbridge.

The Chief of Police shall serve as hearing officer for any hearing pursuant to this subsection.

§ 4-20.9 Display of Permit.

[Ord. #99-23 § 1]

The massage, bodywork and somatic therapy establishment shall display its permit as well as the certification of each and every massage, bodywork and somatic therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.

§ 4-20.10 Operating Requirements.

[Ord. #99-23 § 1]

Every massage, bodywork, and somatic therapy establishment shall comply with the following:

Every portion of the massage, bodywork, and somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.

All employees, including massage, bodywork, and somatic therapists, shall be clean and wear clean, nontransparent outer garments. Dressing rooms must be available on the premises. Doors to such dressing rooms shall open inward and shall be self-closing.

All massage, bodywork and somatic therapy establishments shall be provided with clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner.

The sexual or genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or massage, bodywork or somatic therapist.

It shall be unlawful for any person knowingly, in a massage, bodywork, and somatic therapy establishment, to place his or her hand upon or touch with any part of his or her body, to fondle in any manner or to massage a sexual or genital area of any other person. No massage, bodywork and somatic therapist, employee or operator shall perform or offer to perform any act which would require the touching of the patron's sexual or genital area.

All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat-rooms, steam or vapor rooms or steam or vapor cabinets and shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors it shall be kept dry.

Oils, creams, lotions and other preparations used in administering massage, bodywork and somatic therapies shall be kept in clean closed containers or cabinets.

Animals, except for seeing eye dogs, shall not be permitted in the massage work area.

Each massage, bodywork and somatic therapist shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage.

§ 4-20.11 Inspections by Health Department.

[Ord. #99-23 § 1]

The Health Department shall, from time to time, at least twice a year, make an inspection of each massage, bodywork and somatic therapy establishment granted a permit under the provisions of this section for the purpose of determining whether the provisions of this section are being complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

§ 4-20.12 Sleeping Quarters.

[Ord. #99-23 § 1]

No part of any quarters of any massage, bodywork and somatic therapy establishment shall be used for or connected with any bedroom or sleeping quarters nor shall any person sleep in such massage, bodywork and somatic therapy establishment except for limited periods incidental to and directly related to a massage, bodywork or somatic therapy treatment or bath. This provision shall not preclude the location of massage, bodywork and somatic therapy establishment in separate quarters of a building housing a hotel or other separate businesses or clubs.

§ 4-20.13 Prohibited Acts.

[Ord. #99-23 § 1]

No owner or manager of a massage, bodywork and somatic therapy establishment shall tolerate in his or her establishment any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not limited to, laws proscribing prostitution, indecency and obscenity, including the sale, uttering or exposing and public communication of obscene material; laws which relate to the commission of sodomy, adultery and proscribing fornication, nor shall any owner or manager tolerate in his or her establishment any activity or behavior which violates this section.

Any conviction of any employee of a massage, bodywork and somatic therapy establishment of a violation of the aforementioned statutes and codes shall devolve upon the owner or manager of such establishment, it being specifically declared that following such conviction of an employee, the owner or manager of the establishment shall be prosecuted as an accessory to such violation and the permits which have been issued shall be automatically revoked.

§ 4-20.14 Exceptions.

[Ord. #99-23 § 1]

The provisions of this section shall not apply to massage, bodywork or somatic therapies given:

In the office of licensed physician, chiropractor or physical therapist; or

By a regularly established medical center, hospital or sanitarium having a staff which includes licensed physicians, chiropractors and/or physical therapists; or

By any licensed physician, chiropractor or physical therapist in the residence of his or her patient; or

By a licensed barber or cosmetologist/ hairstylist limited to the areas of the face, neck, scalp or upper part of the body as set forth in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.

§ 4-20.15 Violations and Penalties.

[Ord. #99-23 § 1]

In addition to the revocation or suspension of the permit granted under this section any person who violates any provision of this section shall, upon conviction hereof, be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment for a term not exceeding 90 days, or both.

§ 4-20.16 Effective Date.

[Ord. #99-23 § 1]

This section shall not take effect until 20 days after final adoption by the Municipal Council of the Township of Woodbridge. Applicants that have filed applications within said 20 day period shall not be considered in violation of this section regardless of whether or not a permit has been issued by the effective date.

§ 4-21 INSTANT RAFFLE LICENSING; FEES.

§ 4-21.1 Definitions.

[Ord. #02-53]

As used in this section:

CONTROL COMMISSION

Shall mean the New Jersey Legalized Games of Chance Control Commission.

INSTANT RAFFLE GAMES

Shall mean a non-draw raffle game in which a player purchases shares, tickets, or rights to participate and the winner is determined by a previously determined prize designation which has been obscured from the player's view until a tab or other opaque covering has been removed.

NON-DRAW RAFFLE

Shall mean a raffle conducted by means other than drawing from a container having therein the counterparts of all tickets or rights to participate, that is, any wheel or game approved by the Control Commission to be licensed as an allotment of a prize(s) by chance.

QUALIFIED ORGANIZATION

Shall mean a bona fide organization or association of veterans, religious congregation, religious organization, charitable organization, educational organization, fraternal organization, civic and service club, officially recognized volunteer fire company, officially recognized first aid squad, and officially recognized rescue squad, and senior citizens association or club which:

If incorporated, is incorporated in New Jersey as a religious corporation or as an association not for pecuniary profit and is empowered by its Articles of Incorporation to further one or more of the authorized purposes;

If unincorporated, is organized in New Jersey as a religious organization or as an organization not for pecuniary profit and is authorized by its written constitution, charter or bylaws, or by the written constitution, charter or bylaws of a parent organization of which it is a part, to further one or more of the authorized purposes;

Has a membership of not less than 25 persons;

Has actively engaged prior to its initial application for registration in serving one or more of the authorized purposes in the State of New Jersey for a period of not less than one year; and

Has received and used and in good faith expects to continue to receive and use funds from sources other than the conducting of games of chance for the furtherance of an authorized purpose.

§ 4-21.2 Instant Raffle Licenses Required.

[Ord. #02-53]

No person(s), business or organization (including qualified organizations) shall conduct an instant raffle without first obtaining a license from the Township.

§ 4-21.3 Fees.

[Ord. #02-53]

The municipal fee to obtain a license to conduct an instant raffle game shall be an amount equal to the amount charged by the Control Commission.

The municipal license fee shall be in addition to the fee paid to the Control Commission.

§ 4-21.4 Waiver of Fees—Qualified Organizations.

[Ord. #02-53]

As defined in Subsection 4-21.1 qualified organizations shall be exempt from paying any fee to obtain a municipal license to conduct an instant raffle game.

Nothing in Subsection 4-21.4a shall in any way exempt qualified organizations from paying any fee due the Control Commission.

§ 4-21.5 Issuing Authority.

[Ord. #07-40]

The Municipal Clerk is hereby delegated the authority to act as the "issuing authority" to approve the granting of raffle and bingo licenses.

§ 4-22 CLOTHING BINS.

§ 4-22.1 Regulations.

[Ord. #07-71; Ord. #10-52]

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

The donation clothing bin is owned by a charitable organization registered with the Attorney General of the State of New Jersey pursuant to P.L. 1994, c. 16 or any person; and

The registered charitable organization or the person has obtained a zoning permit valid for a period of one year, from the Zoning Department in accordance with the following:

In applying for such a zoning permit, the registered charitable organization or person shall include:

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

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

The name and telephone number of the bona fide office of the applicant and of any entity which may share or profit from any clothing or other donations collected via the bin;

The schedule of pickups removing the articles from the bins, which can be no less often than once per week, and the name and telephone number of the person to be notified if the bin is overflowing prior to the scheduled date of pickup; and

Written consent from the property owner, or the owner's authorized representative, to place the bin on his/her property.

The Zoning Department shall not grant an application for a zoning permit to place, use, or employ a donation clothing bin if it determines that the placement of the bin is either in the front yard setback or could constitute a safety hazard. Such hazards shall include, but are not limited to, the placement of a donation clothing bin in parking spaces, in any area that interferes with pedestrian or vehicular traffic, or any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.

The fee for such application for the zoning permit shall be twenty-five ($25.00) dollars.

An expiring zoning permit for a donation clothing bin may be renewed by a charitable organization or person upon patent of the twenty-five ($25.00) dollar renewal fee and by application that shall include the following information:

The location where the bin is situated, as precisely as possible, and, if applicant intends to move it, the new location where the bin would be situated after the renewal is granted;

The manner in which the person has used, sold or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal;

The name, and telephone number of the bona fide office of the applicant and any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal;

Written consent from the property owner, or the owner's authorized representative, to place the bin on his/her property;

The following information shall be clearly and conspicuously written in either paint or permanent marker on the exterior of the donation clothing bin:

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

The telephone number of the organization'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. The telephone number of an answering machine or service unrelated to the charitable organization does not satisfy this requirement; and

The charitable organization's registration number, permit number and its date of expiration.

In cases when any entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given entirely to, an entity other than the person who owns the bin, and identifying all such entities which may share or profit from such donations; and

CHILD-CARE CENTER or CENTER

A statement, indicating the manner in which the charitable organization or person anticipates any clothing or other donations collected via the bin would be used, sold or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.

The Planning and Development Department shall receive and investigate, within 45 days, any complaints from the public about the bin.

Whenever it appears to the Township that an organization or a person has engaged in or is engaging in any act or practice in violation of this section, the organization or person who placed the bin shall be issued a warning, stating that if the violation is not rectified or an appeal taken within 15 days, then the bin, any clothing or other donations collected via the bin will be sold at public auction. In addition to any other means used to notify the person who placed the bin, a warning shall be affixed to the exterior of the bin itself.

In the event that the person who placed the bin does not rectify the violation or request a hearing within 15 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 placed the bin, and sell it 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 Township.

In addition to any other penalties or remedies under this section, any person who violates any provision which results in the seizure of the donation clothing bin shall be subject to a penalty of up to one hundred ($100.00) dollars for each violation.

Clothing bins shall be permitted on all Board of Education properties. Said clothing bins must comply with all other provisions delineated in § 4-22 of the Revised General Ordinances.

§ 4-23 CHILD-CARE CENTERS.

§ 4-23.1 Definitions.

[Ord. #07-83]

Shall mean any facility which is maintained for the care, development or supervision of five or less children who attend the facility for less than 24 hours a day. In the case of a center operating in a sponsor's home, the sponsor's children shall not be included when counting the number of children being served. The term shall include but not be limited to, day-care centers, drop-in centers, nighttime centers, day nurseries, nursery and play schools, cooperative child centers, centers for children with special needs, centers servicing sick children, infant-toddler programs, school age child care programs, employer supported centers, centers that have been licensed by the Department of Human Services prior to the enactment of the "Child-care center Licensing Act" and kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth; and excluding those facilities specifically included in N.J.S.A. 30:5B-3(b) as amended from time to time.

SPONSOR

Shall mean any person owning or operating a child-care center.

§ 4-23.2 Registration Required.

[Ord. #07-83]

It shall be unlawful for any person to operate or maintain, or cause to be operated or maintained, a child-care center within the Township without first having registered the child-care center in accordance with the provisions of this section. All child-care centers shall comply with this ordinance within 90 days of adoption or be subject to the penalties delineated in Subsection 4-23.6.

§ 4-23.3 Registration Form, Filing.

[Ord. #07-83]

Every registration required by this section shall be filed with the Township Clerk upon forms to be furnished by him. The registration shall be signed by the registering party if an individual, or by a duly authorized agent, if a partnership or corporation. The Clerk shall forward the completed registration form to the Police Department, Local Enforcing Agency (LEA) and First Aid Squad serving the area in which the child-care center is located.

§ 4-23.4 Registration Form.

[Ord. #07-83]

Every registration form shall include the following information:

Name and address of the owner and operator of the child-care center.

The address of the child-care center.

The number of children cared for at the child-care center, on a day-by-day basis.

The hours of operation of the child-care center.

§ 4-23.5 Fee.

[Ord. #07-83]

There shall be no fee to register a child-care center.

§ 4-23.6 Violation and Penalties.

[Ord. #07-83]

Any person found guilty of violating this section shall be subject to a fine not to exceed one hundred ($100.00) dollars.

§ 4-24 LANDSCAPING SERVICES.

§ 4-24.1 Definitions.

[Ord. #10-14]

LANDSCAPING SERVICES

Shall mean services offered by a person to members of the general public for hire and for the care, maintenance, establishment and/or creation of lawns, gardens and related items.

JUNKYARD, SCRAP YARD or WASTE YARD

Shall mean an individual, sole proprietorship, partnership, corporation or other entity which provides landscaping services.

§ 4-24.2 Registration Required.

[Ord. #10-14]

Any person providing landscaping services within the Township shall prior to offering to the public any landscaping services, register with the Township in accordance with this section.

Notwithstanding the foregoing, any landscaping services provider that was in existence, prior to the adoption of this section, and has in the ordinary course of business offered their landscaping services to the public, shall not be in violation of this section, provided they comply with the registration requirement within 45 days of the adoption of this section.

§ 4-24.3 Registration Form, Filing.

[Ord. #10-14]

Every registration required by this section shall be filed with the Township Housing Division upon forms to be furnished by said Division (Planning & Development). The registration shall be signed by the registering party if an individual, or by a duly authorized agent of a partnership or corporation.

§ 4-24.4 Registration Form.

[Ord. #10-14]

Every registration form shall include the following information:

Name and address of the owner and operator of the landscaping services provider.

The address of the landscaping services provider.

The telephone number or other contact information for the landscaping services provider.

§ 4-24.5 Fee.

[Ord. #10-14]

There shall be no fee to register a landscaping services provider.

§ 4-24.6 Violation and Penalty.

[Ord. #10-14]

Any person found guilty of violating this section shall be subject to a fine not to exceed:

$100.00 for a first violation;

$250.00 for a second violation; and

$500.00 for each subsequent violation.

For purposes of calculating the number of violations, the Court shall consider the initial solicitation, irrespective of the number of members of the public solicited as the first violation.

Thereafter, each solicitation shall constitute a separate violation.

§ 4-25 JUNK YARDS.

§ 4-25.1 Definitions.

[Ord. #11-03; Ord. #11-34]

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

Shall mean any lot, plot, premises or building used for the scrapping, storing, dismantling or baling of scrap, waste or reclaimable material, motor vehicles, automotive equipment, construction or industrial equipment, combustible or noncombustible, whether the same is to be scrapped and baled for removal from the premises or sold on the premises at retail or wholesale, now existing.

§ 4-25.2 License Required.

[Ord. #11-03; Ord. #11-34]

No person shall conduct an existing junkyard, scrap yard or waste yard without first having obtained a license, hereafter called a "junkyard license," to do so.

§ 4-25.3 License Application.

[Ord. #11-03; Ord. #11-34]

Any person desiring to obtain a junkyard license, as herein required, shall make application in writing to the Zoning Department of the Township setting forth the name, address and the premises at which it is proposed to establish a junk shop or junkyard, or setting forth the premises where a junkyard, scrap yard or waste yard business is presently being conducted, including a full description of such premises and whether the applicant owns the premises or leases them, together with the deed or lease thereon and a description of the building and the classes of materials which it is proposed to store thereon.

Such application shall be accompanied by annual license fee which shall be returned by the license issuing authority in the event that the license is refused.

Such application shall state the number of years a junkyard, scrap yard or waste yard business has been conducted on the premises and whether the applicant has been convicted of the crime of larceny or removing stolen goods or any other crime involving moral turpitude.

Such application shall state whether all Township taxes, both real and personal, on said premises have been fully paid.

§ 4-25.4 Investigation; License Issuance.

[Ord. #11-03; Ord. #11-34]

If, after investigation, the Zoning Department is reasonably satisfied that the statements contained in the application are true, and the application has fully complied with the terms and conditions of this section and any other applicable ordinance of the Township and if the proper fee has been paid the license issuing authority shall issue to the applicant a license for the premises specified in the application effective from the date of issuance.

§ 4-25.5 License Fee.

[Ord. #11-03; Ord. #11-34]

The license fee hereunder for junkyards, scrap yards, junk dealers, scrap yard dealers and waste yard dealers is one thousand ($1,000.00) dollars.

§ 4-25.6 Expiration of License.

[Ord. #11-03; Ord. #11-34]

All licenses shall expire on January 31st of each year. The initial license fee following the change in expiration date will be subject to proration by the Zoning Department.

§ 4-25.7 Suspension or Revocation of License.

[Ord. #11-03; Ord. #11-34]

Any license issued hereunder may be suspended or revoked by the Zoning Department for any of the following reasons:

The licensee has knowingly made any false or materially incorrect statement in the application.

The licensee knowingly violates or knowingly permits or countenances the violation of any provision of this section.

The licensee knowingly violates or knowingly permits or countenances the violation of any provision of any penal law or ordinance regarding theft, larceny or conversion of junk, scrap or waste or the receiving of stolen goods.

No suspension or revocation of any license shall be made until a ten-day written notice of the charges preferred against the licensee shall have been given to him or her personally, or by mailing the same by registered mail addressed to him or her at the licensed premises, and a reasonable opportunity to be heard thereon afforded to him or her. The hearing shall be held before and conducted by the Department of Police or by the license issuing authority when so designated by the Department of Police. If the hearing is held before the license issuing authority he or she shall report his or her findings and recommendations to the Department of Police. All suspensions or revocations of licenses shall be affected by notice in writing of such suspension or revocation, designating the effective date thereon, and, in case of suspension, the term of such suspension, which notice may be served upon the licensee personally or by mailing the same by registered mail addressed to him or her at the licensed premises. Such suspension or revocation shall apply to the licensee and to the licensed premises. Any revocation shall render the licensee ineligible to receive any other license under this section for a period of one year from the effective date thereof and may, in the discretion of the Chief of the Police, render the licensed premises ineligible to become a subject for any future license under this section.

§ 4-25.8 License Transfers.

[Ord. #11-03; Ord. #11-34]

The transfer of any license provided for in this section to any other person shall be subject to the approval of the Zoning Department and shall be approved, provided that the applicant complies with all the terms and conditions of this section.

§ 4-25.9 Records to Be Kept.

[Ord. #11-03; Ord. #-11-34; Ord. # 14-10]

All junkyard, scrap yard or waste yard dealers and junkyard, scrap yard or waste yard operators shall keep books in which records of all purchases are made, which books shall be open to public inspection so that stolen goods may be traced and other probable violations of law may be investigated.

Any person or entity in the business of buying junk, scrap metal or waste within the limits of the Township who buys, attempts to buy or offers to buy or otherwise accepts scrap junk, scrap metal or waste on the basis of bulk value from any person shall:

Issue to the seller or grantor and keep for his or her own records, for not less than three years, a serialized receipt for each purchase or acceptance of scrap metal containing the following:

(1)

The name and address of the buyer;

(2)

The date of the transaction;

(3)

The names of the scrap metal purchased;

(4)

The weights of the scrap metal purchased;

(5)

The price paid for the scrap metal at the standard measures of weight and fineness prescribed by N.J.S.A. 51:1-3; and

(6)

The name, address and signature of the seller of the scrap metals.

Obtain proof of identity from each person or entity who sells scrap metals to said buyer and maintain a record of such proof of identity for a period of not less than three years.

Retain any scrap metal in the form in which it was purchased for a period of not less than two business days, minimum 48 hours.

Upon reasonable request, allow the inspection of the serialized receipts for scrap metals provided for in paragraphs a1(a) and (b) of this subsection by any law enforcement officer of the Township.

FARMERS MARKETS AND VENDOR SALES

A scrap metal dealer shall, before buying, attempting to buy or offering to buy any scrap metals, register with the Police Department of the Township and give the buyer's name and address.

No junkyard, waste yard or scrap yard dealer and no operator of a junkyard, waste yard or scrap yard shall knowingly purchase or receive, or attempt to purchase or receive, or have in its possession or on its premises any goods, materials or equipment, whether intended for scrapping or resale, which are sold by any person from any shopping cart or wheeled conveyance normally used by customers of retail food establishments.

§ 4-25.10 Compliance with Other Regulations.

[Ord. #11-03; Ord. #11-34]

All junkyards, scrap yards or waste yards, junkyard dealers, scrap yard dealers and waste yard dealers operating in the Township shall be governed and controlled by this section and by the ordinances and codes of any and all departments in the Township as though the same were fully set forth herein.

§ 4-25.11 Violations and Penalties.

[Ord. #11-03; Ord. #11-34]

Any person violating any of the provisions of this section, upon conviction thereof, shall be punishable by fine of no more than five hundred ($500.00) dollars per day. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

§ 4-26 SPECIAL EVENTS ON PRIVATE PROPERTY.

§ 4-26.1 Purpose.

[Added 8-17-2021 by Ord. No. 21-50]

This section, which shall be effective as provided herein, shall govern the time, place and manner of holding certain special events on private property when an event has the potential for impact upon health, fire, police, transportation and other municipal services. The regulations provided herein are enacted in order to promote the health, safety and welfare of all the persons in the Township, residents and visitors, by ensuring that special events do not create disturbances, become nuisances, menace or threaten life, health and property, disrupt traffic or threaten or damage private or public property. It is not the intent of this Section to regulate in any manner the content of speech or infringe upon the right to assemble, except for the time, place and manner of speech and assembly, and this section should not be interpreted nor construed otherwise.

§ 4-26.2 Application of Provisions.

[Added 8-17-2021 by Ord. No. 21-50]

This section imposes regulatory requirements on certain activities which are held on private property within the Township of Woodbridge, which are defined as "Special Events." The requirements imposed by this section do not alter, supersede or nullify any requirements contained in other statutes, ordinances or regulations which may also regulate these same activities. These requirements shall be applied in a content-neutral manner and without discrimination as to race, religion, sex, national origin, political affiliation or other unlawful discriminatory classification. This section shall not apply to the following events:

Events or assemblies occurring inside permanently established, fully enclosed places of assembly, such as a place of worship, public auditorium, theater, recreation hall, gym, or other enclosed structure designed primarily for housing and assembly of people, provided that the maximum number of persons expected to attend or in actual attendance does not exceed the maximum capacity of the enclosed place of assembly.

Events or assemblies in conjunction with school events on school property, church events on church property if designed for that use, or government-sponsored public hearings.

Events that are consistent with the normal usual purpose, or approved use, of the private property where the activity is held, or is otherwise prohibited on said private property.

§ 4-26.3 Definitions.

[Added 8-17-2021 by Ord. No. 21-50]

For the purpose of this section, the following words shall have the following meanings:

ATHLETIC EVENT

An organized competitive or recreational event in which a group of people collectively engage in a sport or form of physical exercise, including but not limited to running, jogging, walking, bicycling or skating, on any private property within the Township of Woodbridge.

ENTERTAINMENT EVENT

An organized event having as its primary purpose the entertainment or amusement of a group of people, including but not limited to parades, carnivals, fairs, concerts, ethnic festivals or car cruises, on private property within the Township of Woodbridge.

Any event that has vendors selling items, food, garden vegetables and any other type of general items for sale, whether new, used, or craft items, on private property within the Township of Woodbridge.

SPECIAL EVENT

Any Athletic Event, Entertainment Event, Farmer's Market and Vendor Sale, whether held for profit, nonprofit or charitable purposes, on private property, where the use of the private property differs from the normal usual purpose, or approved use, of the private property where the activity is held, or is otherwise prohibited on said private property.

§ 4-26.4 Permit Required.

[Added 8-17-2021 by Ord. No. 21-50]

It is unlawful for any person, corporation, partnership, association or other entity, public or private, to promote, advertise or hold a Special Event without first obtaining a Special Event Permit and paying the fees as required in this section.

§ 4-26.5 Permit Application Process.

[Added 8-17-2021 by Ord. No. 21-50]

Special Event Permit application forms may be obtained from the Office of the Municipal Clerk for the Township of Woodbridge.

All applications for Special Event permits shall be made on a Special Event Permit application form and shall include the following information:

Type and description of event;

Name of the sponsoring person or entity, contact person, address and telephone number;

Name of the promoting entity, contact person, address and telephone number;

Proposed date(s) of the event, together with beginning and ending times for each date;

Proposed location, including a plat or map of the proposed area to be used, including any barricade, street route plans or perimeter/security fencing;

Estimated numbers of event staff, participants and spectators, including the names of all vendors;

Public health plans, including plans for culinary water supplies, solid waste collections and disposal and wastewater (toilet facilities);

Fire prevention and emergency medical services plans;

Security plans and/or law enforcement response;