[1972 Code § 7-1.1; Ord. No. 32-89]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Borough, except alcoholic beverage licenses, and dog
licenses, and except as may be specified or otherwise provided elsewhere
in this Chapter.
[1972 Code § 7-1.2; Ord. No. 32-89]
All applications for licenses shall be accompanied by the required
nonrefundable fee and shall be made to or through the Borough Clerk
upon forms provided by him. Applications shall contain the information
specified by resolution of the Borough Council and may include the
following along with any other information deemed necessary or specifically
called for by ordinance.
a.
Name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent. If the applicant is a partnership, the name of each partner,
and the trade name, if any. If a trade name, the date and place of
filing of the trade name with the County Clerk's office.
b.
If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
c.
If a vehicle is to be used, its description including
the license number.
d.
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the
exact relationship.
e.
The days of the week and the hours of the day during
which the licensed activity shall be conducted.
f.
A description of the nature of the business and the
goods, property or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than
traffic offenses and, if so, the date and place of conviction, the
nature of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business
responsibility of the applicant so that an investigator may properly
evaluate his character and responsibility.
Applications by partnerships shall be signed by all partners
with the information required by this subsection supplied in detail
as to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
[1972 Code § 7-1.3]
Each application shall be referred to the Chief of Police or
a police officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Borough Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activity are not free
from fraud, he shall disapprove the application and the Clerk shall
refuse to issue the license and so notify the applicant. Otherwise,
the Borough Clerk shall issue the license immediately, provided the
required license fees have been paid, except in cases where approval
of the Mayor and Council is required. In the event of the refusal
of the issuance of a license, the applicant may appeal to the Council
for a hearing. The appeal shall be filed in writing with the Borough
Clerk within 14 days after notification of the refusal. The Council
shall hold its hearing within 10 days thereafter, and its decision
shall be final.
[1972 Code § 7-1.4]
Licenses shall be in a form which the Council prescribes by
resolution, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of
the licensed activity.
c.
The address at which the licensed activity is conducted,
if the activity is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Mayor and
Council may require by resolution.
[1972 Code § 7-1.5]
The Borough Clerk shall keep a record of all licenses issued under this Chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by subsection 5-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Council may require by resolution.
[1972 Code § 7-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any police officer or any person with whom
he is doing business.
[1972 Code § 7-1.7]
Except as otherwise provided, a license shall apply only to
the person to whom it was issued and shall not be transferable to
another person. Licenses may be transferred from place to place, in
cases where the licensed activity is conducted at a fixed location,
but only with the approval of the Council by resolution. The fee for
the transfer of a license from place to place shall be $5.
[1972 Code § 7-1.8]
a.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight.
Applications for the renewal of licenses shall be made not later than
December 1 of the year of issue.
b.
When an application for a license is made during the
course of any calendar year, the fee shall be prorated to the nearest
month. Any period of time greater than 1/2 a month shall be considered
as a full month for this purpose.
[1972 Code § 7-1.9]
Any license or permit issued by the Borough may be revoked by
the Council after notice and a hearing for any of the following causes.
a.
Fraud or misrepresentation in any application for a
permit or license.
b.
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
c.
A violation of any provision of this Revision.
d.
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral
turpitude.
e.
Conduct of the licensed activity whether by the licensee
himself or his agents or employees in an unlawful manner or in a manner
that constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
f.
Whenever a license has been issued immediately upon
an application, pending the results of the investigation provided
for by this Chapter, such license may be summarily revoked if the
result of the investigation is such as would have resulted in denial
of the application.
[1972 Code § 7-1.10]
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the Borough Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
[1972 Code § 7-1.11]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The Council
shall revoke or suspend the license if it is satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
[1972 Code § 7-1.12]
The Council may issue another license to a person whose license
has been revoked or denied as provided in this section if after hearing
it is satisfied by clear and convincing evidence that the acts which
led to the revocation or denial will not occur again; otherwise, no
person whose license has been revoked or denied, nor any person acting
for him, directly or indirectly, shall be issued another license to
carry on the same activity.
[1972 Code § 7-1.13]
The Council may by resolution make rules and regulations which
interpret or amplify any provision of this Chapter or for the purpose
of administering the provisions of this Chapter or making them more
effective. No regulation shall be inconsistent with or alter or amend
any provision of this Chapter and no regulation shall impose any requirement
which is in addition to or greater than the requirements that are
expressly or by implication imposed by any provision of this Chapter.
[Ord. No. 472; 1972 Code
§ 7-5.1; Ord. No. 23-98]
As used in this section:
A sale held out in such manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held out in such manner as to reasonably cause the
public to believe that upon the disposal of the stock or goods on
hand, the business will cease and be discontinued, including but not
limited to the following sales: Adjuster's, adjustment, alteration,
assignee's, bankrupt, benefit of administrator's, benefit
of creditor's, benefit of trustees, building coming down, closing,
creditor's committee, creditor's, end, executor's,
final days, forced out, forced out of business, insolvents, last days,
lease expires, liquidation, loss of lease, mortgage sale, receivers,
trustees, quitting business.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of the goods on hand and will then move to and resume business at
a new location or will then continue business from other existing
locations.
The sale of goods of a seasonal nature or in association
with a particular holiday, including, but not limited to, Christmas
trees, wreaths and flowers, for which the sale of such goods is temporary
and ceases on or after the event, holiday or season for which the
goods are sold and for which the location of the sale is utilized
on a temporary basis and is done so on property that is rented, leased
and/or utilized by a person other than the property owner and for
the sole purpose of such seasonal sales.
[Ord. No. 472; 1972 Code
§ 7-5.2; Ord. No. 23-98]
No person shall conduct any sale under this section within the
Borough without obtaining a license therefor in accordance with the
provisions of this Chapter. A license obtained for sale of seasonal
goods as defined in this section shall not be in lieu of or substitute
for any zoning permits that may be required for the use associated
with such a sale on property within the Borough of Keyport.
[Ord. No. 472; 1972 Code
§ 7-5.3; Ord. No. 23-98]
a.
Established business requisite. Any person who has
not been the owner of a business advertised or described in the application
for a license hereunder for a period of at least six months prior
to the date of the proposed sale, shall not be granted a license,
provided that upon the death of a person doing business in the Borough,
his heirs, devises, legatees or representatives shall have the right
to apply at any time for a license hereunder. This paragraph is not
applicable to seasonal sales of goods.
b.
Interval between sales. Any person who has held a sale,
as regulated hereunder, at the location stated in the application,
within one year past from the date of such application shall not be
granted a license. This paragraph is not applicable to seasonal sales
of goods.
c.
Restricted location. Where a person applying for a
license hereunder operates more than one place of business, the license
shall apply only to the one store or branch specified in the application,
and no other store or branch shall advertise or represent that it
is cooperating with it, or in any way participating in the licensed
sale, nor shall the store or branch conducting the licensed sale advertise
or represent that any other store or branch is cooperating with it
or participating in any way in the licensed sale.
d.
Persons exempted. The provisions of this section shall
not apply to or affect persons acting pursuant to an order or process
of a court of competent jurisdiction, persons acting in accordance
with their powers and duties as public officials, duly licensed auctioneers,
selling at auction, any publisher of a newspaper, magazine or other
publication who in good faith publishes any advertisement without
actual knowledge of its false, deceptive or misleading character,
or without actual knowledge that the provisions of this section have
not been complied with.
e.
Deposit required. Any person who obtains a license
for the seasonal sale of goods shall be required to place a deposit
in the amount of $250 with the Borough Clerk at the time such license
is received. The deposit will be returned to the licensee upon notification
to the Borough Clerk of the termination of the temporary sale of seasonal
goods and upon an inspection and determination of the temporary location
of such sale by the Zoning Officer or the Code Enforcement Officer
that said location is in good order. Such a determination will be
rendered within 10 days of notification of the termination of sale.
[Ord. No. 472; 1972 Code
§ 7-5.4]
In addition to the requirements of subsection 5-1.2, the following information shall be provided by the applicant:
a.
The true name and address of the owner of the goods
to be sold.
b.
A description of the place where such sale is to be
held.
c.
The nature of the occupancy, whether by lease or sublease
and the effective date of termination of such occupancy.
d.
The dates of the period of time in which the sale is
to be conducted.
e.
A full and complete statement of the facts in regard
to the sale, including the reason for the urgent and expeditious disposal
of goods thereby and the manner in which the sale will be conducted.
f.
The means to be employed in advertising such sale together
with the proposed content of any advertisement.
g.
A complete and detailed inventory of the goods to be
sold at such sale as disclosed by applicant's records. The inventory
shall contain a clear description of each item to be sold with the
brand name, if any, total number of each item to be sold and the date
each item was purchased with invoice numbers for each item, the name
of the person from whom purchased, and if not purchased, the manner
of such acquisition. The inventory shall be attached to and become
a part of the application; and shall be signed by the person applying
for the license, or by an authorized agent, and by affidavit at the
foot thereof he or such agent shall swear or affirm that the information
therein given is full, complete and true, and known by such affiant
to be full, complete and true. No goods other than that listed in
the inventory herein provided for shall be advertised or sold at any
sale for which a license is hereby required, and it shall be unlawful
for any person to sell, offer, or expose for sale, or advertise for
such sale, or to list on such inventory, any goods which are not the
regular stock on hand at the store, the goods of which are to be closed
out or disposed of through such sale, or to supplement, or to make
any replenishments or additions from any manufacturing, jobber, wholesaler,
warehouse, storage building or from any other premises, or from any
source whatsoever and during the time thereof to advertise or represent
the sale as being of the character for which a license is hereby required.
All goods included in such inventory shall have been purchased by
the applicant for resale on bona fide orders without cancellation
privileges and shall not comprise goods purchased on consignment.
Such inventory shall not include goods ordered in contemplation of
or for the purpose of conducting any sale regulated hereunder. Any
unusual purchase or additions to the stock of goods of the applicant
made within 60 days before the filing of an application hereunder
shall be deemed to be of such character.
[Ord. No. 472; 1972 Code
§ 7-5.5; Ord. No. 4-90]
There shall be a fee of $50 for a license hereunder; and a fee
of $30 for a renewal thereof.
[Ord. No. 472; 1972 Code
§ 7-5.6]
a.
License period and renewal procedure. The license shall
authorize the sale described in the application for a period of not
more than 30 consecutive days, Sundays and legal holidays excepted,
following the issuance thereof. The Clerk shall renew a license for
one period of time only, such period to be in addition to the 30 days
permitted in the original license and not to exceed 30 consecutive
days, Sundays and holidays excepted, when the Clerk finds that facts
exist justifying the license renewal; that the licensee has filed
a written application for renewal, that the licensee has submitted
with the application for renewal a revised inventory showing the items
listed on the original inventory remaining unsold and not listing
any goods not included in the original application and inventory.
For the purposes of this subsection, any application for a license
under the provisions of this section covering goods previously inventoried
as required hereunder, shall be deemed to be an application for renewal,
whether presented by the original applicant or by any other person.
b.
Nature of sale. The license shall authorize only one
type of sale described in the application at the location named therein.
c.
Saleable goods. The license shall authorize only the
sale of goods described in the inventory attached to the application.
d.
Surrender of general license. Upon being issued a license
hereunder for a going-out-of-business sale the licensee shall surrender
to the Clerk all other business licenses he may hold at that time
applicable to the location and goods covered by the application for
a license under this section.
e.
Inspection. The Borough Clerk or any person designated
by him may in his discretion verify the details of any inventory filed
for the purpose of determining the correctness of the same, before
issuing a going-out-of-business-sale license or he may check and verify
the items of merchandise sold during the sale, and it shall be unlawful
for any person to whom such license has been issued to fail or refuse
to give the Borough Clerk or any person designated by him for that
purpose, all the facts connected with the stock on hand or the proper
information respecting goods sold, or any other information that he
may require in order to make a thorough investigation of all phases
connected with the sale.
[Ord. No. 472; 1972 Code
§ 7-5.7]
A licensee hereunder shall:
a.
Adhere to inventory. Make no additions whatsoever during
the period of the licensed sale to the stock of goods set forth in
the inventory attached to the application for license.
b.
Advertise properly. Refrain from employing any untrue,
deceptive or misleading advertising, and in any advertisement by handbills,
circulars, placards, signs, notices, newspapers or publication or
other advertising, include therein the number and date of the license
issued by the Clerk.
c.
Adhere to advertising. Conduct the licensed sale in
strict conformity with any advertising or holding out incident thereto.
d.
Keep duplicate inventory. Keep available at the place
of sale a duplicate of the inventory submitted with the application
and present the same to inspecting officials upon request.
e.
Segregate non-inventoried goods. Keep any other goods
separate and apart from the goods for sale and make such distinction
clear to the public.
f.
Cease business at conclusion of sale. The licensee
of a going-out-of-business sale shall not continue the business beyond
the date specified for such sale and shall not upon conclusion of
such sale continue the business under the same name or under a different
name in the same location or elsewhere in the Borough.
[Amended 10-6-2015 by Ord. No. 14-15[1]]
a.
The purpose and intent of this section is to assist
law enforcement officials and victims of crime in recovering stolen
precious metals and other secondhand goods by requiring minimum identification,
reporting, maintenance and distribution criteria for dealers licensed
to buy and pawn these goods within the Borough of Keyport.
b.
No person shall use, exercise, or carry on the business,
trade, or occupation of the buying or pawning of precious metals or
other secondhand goods without complying with the requirements of
this section in the exact manner described herein.
[1]
Editor's Note: This ordinance superseded Ord. No. 15-86, which
comprised former § 5-3, Keeping of Records Concerning the
Purchase of Precious Metals, Gems or Coins.
[Amended 10-6-2015 by Ord. No. 14-15]
As used in this section, the following terms shall have the
meanings indicated:
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license issued by another
U.S. state, a valid United States passport, or other verifiable U.S.
government-issued identification, which will be recorded on the receipt
retained by the dealer and subsequently forwarded to the Keyport Police
Department upon request.
The Chief of Police of the Keyport Police Department or his/her
duly authorized designee.
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages the buying
or pawning, within the Borough of Keyport, of precious metals, jewelry,
or other secondhand goods from members of the public, including pawnbrokers
as defined herein.
A business that buys or pawns precious metals, jewelry, or
other secondhand goods from members of the public on an intermittent
basis or at varying locations.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than in action,
securities or printed evidences of indebtedness, purchasing personal
property on condition of selling it back at a stipulated price; or
doing business as furniture storage warehousemen and lending money
on goods, wares or merchandise pledged or deposited as collateral
security.
Gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
Private individuals, exclusive of retailers, wholesalers,
and other merchants.
Any transaction conducted between a dealer and a member of
the public in which precious metals, jewelry, or any other secondhand
goods are purchased by or pawned to the dealer. This term shall not
include wholesale transactions or transactions between merchants.
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, or any other valuable
articles. For the purposes of this section, secondhand goods shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his permanent residence or in any municipally
owned building who is engaged in the hobby of collecting coins or
stamps and who does not solicit the sale, purchase, or exchange of
such coins or stamps to or from the general public by billboard, sign,
handbill, newspaper, magazine, radio, television, or other form of
printed or electronic advertising, goods sold at a private residence
at a garage sale.
A member of the public who sells or pawns used goods such
as precious metals, jewelry, or any other secondhand goods to a dealer.
One who maintains or intends to maintain its business of
buying or pawning, within the Borough of Keyport, precious metals,
jewelry, or other secondhand goods from members of the public, for
a period of less than six months.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
License requirement. No dealer shall engage in the
business of buying or pawning of precious metals or other secondhand
goods within the jurisdiction of the Borough of Keyport without having
first obtained a license therefor from the Keyport Police Department,
which license shall bear a number issued by the Keyport Police Department.
b.
License application. The application for a license
to the Keyport Police Department shall set forth the name, date of
birth, and address of the dealer, whether or not he or she is a citizen
of the United States, and whether or not he or she has ever been convicted
of any crime(s), disorderly persons offense(s), or municipal ordinance
violation (s), and the date(s) thereof.
c.
Advertisements. Advertising in any print or electronic media or by sign that any precious metals, jewelry or secondhand goods are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No dealer shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight-point in the lower right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in § 5-3.9 below.
d.
Location. Licensees may not operate at any location
other than sites specified in the license. Licensees operating at
multiple locations must have each location separately licensed. Each
location must be permanent. However, a dealer shall have the right
to change the location of the licensed business, provided that he
or she notifies the Chief of Police, in writing, of the street address
of said new location.
e.
Itinerant businesses and transient buyers. Except as
specified in this section, itinerant businesses and transient buyers
are not eligible for licensure and are prohibited from operating in
the Borough, unless participating in an event, such as a flea market,
that is Borough-sponsored or authorized to be conducted on Borough
property or elsewhere within the Borough shall not require a license
and shall be permitted to sell, but not buy or pawn, precious metals,
jewelry or secondhand goods during such event.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
Investigation. Upon receipt of an application completed
pursuant to this section, the Keyport Police Department shall refer
such application to the Chief of Police, who shall make an investigation
of the prospective licensee, pursuant to this section for the purpose
of determining the suitability of the applicant for licensing. The
investigation shall include, but shall not be limited to, the following:
1.
The experience of the applicant in the business of
purchase and/or pawning of precious metals or secondhand goods, although
nothing in this section shall be construed to warrant denial of a
license solely on the basis of lack of experience.
2.
The reputation of the applicant for fair dealing in
the community, which shall be made among credible sources, which sources
shall be disclosed to the applicant in the event of a denial of any
license.
3.
Any criminal record of the applicant, including any
past convictions for any crime(s), disorderly persons offense(s),
or municipal ordinance violation(s) within this or any other jurisdiction.
The Chief of Police shall, as part of the initial application process
and annual renewals, require fingerprint criminal background checks
through the Federal Bureau of Investigation, Criminal Justice Information
Services Division, for the applicant and all owners and employees,
which may require payment of additional fees by the applicant.
4.
The type of operation contemplated to be conducted
by the applicant, particularly whether the business is to be operated
from a fixed location, whether it is to be conducted from a location
primarily devoted to the purchase and sale of precious metal or other
secondhand goods, and other factors bearing on whether the licensed
business will be of a fixed and permanent nature.
b.
Time for Investigation. The Chief of Police shall complete
any investigation pursuant to this section within 30 days of the submission
of the application to the Keyport Police Department, fully completed
by the applicant. If a criminal record check has been requested within
the thirty-day period and has not been received by the Chief of Police
within that period, the Chief of Police may, if all other factors
are satisfactory, recommend a conditional issuance of the license
subject to the finding regarding criminal record.
c.
Recommendation by Chief. The Chief of Police shall,
upon completion of the investigation, recommend "grant" or "denial"
of the license. Any recommendation of the Chief of Police shall be
in writing and, in the case of a recommendation of denial, shall state
fully and specifically the reasons for said recommendation. If the
recommendation of the Chief of Police is to deny any license, the
applicant shall be notified, in writing, within 10 days of such denial
and shall forward to the applicant a statement of the reason or reasons
for such denial.
d.
Grounds for denial. Grounds for recommending denial
of license may include reliable information indicating that the applicant
has, in the past, engaged in fraudulent or deceptive business practices
in a business identical to or similar to a dealer in secondhand goods.
A license may be denied if the investigation reveals a conviction
of the applicant or any of its principal officers or employees of
any crime(s), disorderly persons offense(s) in which deceit or misrepresentation
is an element; or any conviction of any crime(s), disorderly persons
offense involving theft or the receiving of stolen goods, regardless
of whether the applicant was a principal, accessory before the fact,
after the fact, or a co-conspirator; or any prior municipal ordinance
violation(s) by the applicant or any of its principal officers or
employees in this or any other jurisdiction. A license may be denied
if the applicant fails to demonstrate an ability to satisfactorily
comply with the electronic reporting requirements specified in this
section, the retention and inspection requirements of this section,
or any other portion of this section. Upon receipt of the recommendation
of the Chief of Police, the Keyport Police Department shall issue
or deny the license accordingly.
e.
Hearing. Whenever any application for a permit is denied,
the applicant shall be entitled to a hearing before the Borough Administrator
or another official designated by the Borough Administrator, at which
time the applicant shall be permitted to introduce such evidence as
may be deemed relevant to such denial. Any applicant exercising the
right to appeal must file a written notice of appeal within 10 days
of receiving written notice of denial of a license.
f.
No assignment. No license shall be assignable by the
dealer.
[Amended 10-6-2015 by Ord. No. 14-15]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Identification. Require of each person selling or pawning
precious metals, jewelry or other secondhand goods acceptable identification.
b.
Declaration of ownership. Require each seller to execute
a "declaration of ownership" which shall contain the following certification:
"My signature confirms that I am the sole legal owner of and legally
authorized to sell the goods being sold. By signing below, I certify
that I did not obtain and do not possess the identified goods through
unlawful means. I am the full age of 18 years and the identification
presented is valid and correct."
c.
Receipts. Record and issue to each person selling or
pawning precious metals, jewelry or other secondhand goods on a sequentially
numbered receipt:
1.
The name, address, and telephone number of the purchaser,
including the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number
of the seller or sellers;
3.
A photographed recording of the seller in a format
acceptable to the Chief of Police, along with a physical description
of the seller, including height and weight (approximate), hair color,
eye color, facial hair, if any, etc.;
4.
A photographed recording of the seller's presented
acceptable identification in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format
acceptable by the Chief of Police. When photographing, all items must
be positioned in a manner that makes them readily and easily identifiable.
Items should not be grouped together when photographing or imaging.
Each item should have its own photograph;
6.
The receipt number, which shall be also listed on the
subject article;
7.
A detailed, legible description of the item(s) and
the manufacturer and model of the item(s) if known; in the case of
jewelry, the descriptions must include style, length, color, design,
and stones, if any; any identifying marks, including numbers, dates,
sizes, shapes, initials, names, monograms, social security numbers
engraved thereon, serial numbers; series numbers, or any other information,
which sets apart the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds
Troy, pennyweight (Troy) or kilograms/grams; fineness in terms of
karats for gold, and sterling or coin for silver, in accordance with
N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.;
10.
The time and date of the transaction.
d.
Electronic database. The information outlined in Subsection 5-3.5c above must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of his or her duty as set forth in Subsection 5-3.5f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection 5-3.5c above.
e.
Backup paper records. In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection 5-3.5c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties set forth in § 5-3.9 below.
f.
Police access. It shall be the duty of every dealer,
and of every person in the dealer's employ, to admit to the premises
during business hours any member of the Keyport Police Department
to examine any database, book, ledger, or any other record on the
premises relating to the reportable transactions of precious metals
or other secondhand goods, as well as the articles purchased or received
and, where necessary, relinquish custody of precious metals, jewelry
or secondhand goods.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
Generally. All precious metals, jewelry and other secondhand
goods purchased, received for pawn, or received for consignment as
described above, are to be made available for inspection by the Chief
of Police or designee thereof at the designated business address for
a period of at least 15 calendar days from the date the transaction
information is actually reported to the Chief of Police. All precious
metals, jewelry or other secondhand goods subject to inspection must
remain in the same condition as when purchased or received for pawn
and shall not be sold, disposed of, changed, modified, or melted by
the dealer until the fifteen-day retention period has expired.
b.
Dealer protection. Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory declaration of ownership required by Subsection 5-3.5b upon the sale of those goods, a law enforcement officer with jurisdiction may charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
Paper records. In addition to all other reporting requirements, every dealer shall maintain, for at least five years, a paper record of all purchases of precious metals, jewelry and other secondhand goods in the form prescribed by Subsection 5-3.5 above.
d.
Purchase from minors. No dealer shall purchase any
item covered by this section from any person under the age of 18 or
in the absence of providing prior notification of such purchase to
the Chief of Police or business designee identifying the individual
from whom such purchase is to be made and the item to be purchased.
e.
Suspensions and revocations. The Chief of Police is hereby empowered to suspend or to revoke any dealer's license and rights to operate thereunder for the grounds stated below. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 5-3.9 below.
1.
Grounds for suspension. The following shall constitute
grounds for suspension: violation of any provisions of this section,
including failure to comply with any training or fees associated with
the electronic database software system utilized by the Borough; violation
of any other statute, regulation or local ordinance; or any other
illegal, improper or fraudulent activity.
2.
Grounds for revocation. The following shall constitute
grounds for revocation: a third violation under this section; a second
violation under this section less than one year after an earlier violation
under this section; conviction for a criminal offense within this
or any jurisdiction; or multiple violations of any other regulations
or local ordinances within this or any jurisdiction.
3.
Procedure. Upon determination that appropriate grounds
exist and that a suspension or revocation is warranted, the Chief
of Police shall issue a written notice of suspension or revocation
of license to the offending dealer, with copies to the Borough Administrator
and the Borough Clerk, which shall set forth the grounds for the suspension
or revocation, and notify the dealer that, unless a timely appeal
is filed with the Borough, it is to immediately cease engaging in
the business of purchasing for resale, receiving for pawn and/or selling
precious metals, jewelry and/or other secondhand goods in the Borough.
The notice shall advise the dealer of the right to appeal within 10
days of receiving the notice. If the dealer appeals this determination,
the suspension or revocation shall not go into effect until the appeal
has been adjudicated.
4.
Reinstatement of suspended license. Suspended licenses
may be reinstated only when the grounds leading to the suspension
have, in the determination of the Borough Administrator, upon the
advice of the Chief of Police, been cured, corrected, or appropriately
rectified.
f.
Appeal. Any applicant wishing to appeal a suspension
or revocation shall be entitled to a hearing before the Borough Administrator.
Any applicant exercising the right to appeal must file a written notice
of appeal with the Borough Clerk within 10 days of receiving written
notice of revocation or suspension of license. The Borough Administrator
shall review the stated grounds for the suspension or revocation and
shall issue an appropriate disposition of suspension, revocation,
or reinstatement. If it is determined that revocation is the appropriate
disposition, the dealer must relinquish his or her license and must
immediately and indefinitely cease operating as a dealer of precious
metals, jewelry or other secondhand goods within the municipality.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
A nonrefundable fee for initial application and license
for a dealer is $200. The annual renewal fee for a license is $150.
These fees are separate from and in addition to any fees incurred
by the Borough in accordance with Subsection 5-3.4a3 above. Payments
are to be made in the manner directed by the Municipal Clerk.
b.
Licenses issued pursuant to this section are valid
for one year, from January 1 through December 31. Initial applications
and applications for renewal must be submitted no later than October
1.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsection 5-3.6 above.
b.
Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 5-3.6 above. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
All dealers shall be licensed as of October 1, 2015.
b.
Nothing contained in this section is intended to replace
any preexisting statutory requirements governing pawnbrokers, as in
N.J.S.A. 45:22-1 et seq., the sale of precious metals as in N.J.S.A.
51:6A-1 et seq., the sale of secondhand jewelry as in N.J.S.A. 2C:21-36
et seq., or any other statutory provision regarding any subject matter
discussed herein.
[Ord. No. 528; 1972 Code
§ 7-2.1; Ord. No. 26-94]
As used in this section:
Shall be defined in the category of peddler, hawker, vendor,
solicitor or canvasser, as set forth below.
Includes any person, whether a resident of the Borough of
Keyport or not, who sells or offers to sell to the public from or
by the use of a motor vehicle, car, truck, wagon or motorized vehicle,
any food or food-related products, including but not limited to, ice
cream, yogurt, hot dogs, hamburgers, french fries, drinks, and any
other such products from a moveable non-fixed location on the street
or public places within the municipality.
Includes any person, whether a resident of the Borough or
not, traveling either by foot, vehicle or any other type of conveyance,
who goes from house to house, from place to place, or from street
to street, conveying or transporting goods, wares or merchandise,
and offering or exposing the same for sale, or making sales and delivering
articles to purchasers, or who engages in any of the foregoing activities
from a stationary location on the street or other public place.
Includes any person, whether a resident of the Borough or
not, who goes from house to house, from place to place or from street
to street, soliciting or taking or attempting to take orders for the
sale of services, goods, wares, or merchandise, or personal property
of any nature whatsoever for future delivery or for services to be
performed in the future, whether or not such individual has, carries,
or exposes for sale a sample of the subject for such order, and whether
or not he is collecting advance payments on such orders, or who engages
in any of the foregoing activities from a stationary location on the
street or other public place.
[Ord. No. 528; 1972 Code
§ 7-2.2; Ord. No. 26-94]
It shall be unlawful for any peddler, hawker, vendor, canvasser
or solicitor to engage in such activity within the Borough without
first obtaining a license therefor in accordance with the provisions
of this Chapter.
a.
All applicants licensed as mobile food vendors shall be licensed under this section to operate their vehicles within the Borough of Keyport and upon the streets and public places of the Borough of Keyport and shall further comply with subsections 5-1.2 and 5-4.3 as well as those sections of the Revised General Ordinances of the Board of Health, particularly Section BH:2-4 et sequence, as it relates to the licensing of food vendors. In addition, mobile food vendors shall be required, at the time of licensing hereunder, to provide proof of motor vehicle insurance coverage for the vehicle to be used as part of the license hereunder.
[Ord. No. 528; 1972 Code
§ 7-2.3]
In addition to the requirements of subsection 5-1.2, the following information shall be contained in the application for a license under this section:
a.
Together with the description of the goods to be sold,
the name and address of the manufacturer, as well as the name and
address of the agent designated to receive service of process in the
State of New Jersey for such manufacturer.
b.
The name and address of each person employed by the
applicant who is authorized to do business on behalf of the applicant.
c.
Whether or not orders are to be solicited or taken
for future delivery of goods or performance of services and, if so,
the general nature of same.
d.
Name and address of the owner of any motor vehicle
to be used by the applicant in connection with the purpose for which
the license is sought, including the make of vehicle, type, year,
serial number, license plate number, and date of last inspection by
the State of New Jersey.
e.
Whether or not the applicant holds a motor vehicle
operator's license, and if so, the date of issue, the driver's
license number, expiration date, and condition code if any.
f.
If a motor vehicle is to be used by the applicant in
connection with the business of the license sought, a statement as
to the name of the insurance company covering applicant for liability,
address of same, policy number, policy period, name and address of
agent who sold or services policy, and the amounts of coverage pursuant
to this section.
A photograph of the applicant and of all persons employed by
and authorized to act and to do business for the applicant shall accompany
this application.
Each applicant and all employees of the applicant as set forth
in the application shall submit to the Police Department of the Borough
for fingerprinting or submit evidence of a fingerprint check from
another New Jersey municipality made within the preceding six months.
[Ord. No. 528; 1972 Code
§ 7-2.4; Ord. No. 32-89]
In addition to the provisions of subsection 5-1.3, the following shall apply to licenses issued under this section. The Chief of Police shall not approve the issuance of a license to any applicant who after investigation is found to be:
a.
Not of applicable legal age to perform the type of
work or service as set forth in the application.
b.
Under the age of 18, except that this provision shall
not apply to applicants who have complied with or come within the
exceptions of N.J.S.A. 34:2-1, et seq.
c.
Convicted of a crime involving moral turpitude, except
that such conviction shall not be a bar if it appears that at least
five years have elapsed from the date of conviction, and that the
applicant has conducted himself in a law-abiding manner during that
period and that his present reputation for honesty and morality in
his community is good and of good general report.
d.
Does not hold a valid driver's license of the
State of New Jersey if the duties of the applicant require the operation
of a motor vehicle for which the license is sought.
e.
Does not have in effect for the licensing period an
automobile liability policy with respect to all motor vehicles used
by the applicant in connection with the business of the applicant
for which the license is sought of not less than $100,000 because
of bodily injury to or death of one person in any one accident and
subject to such limit for on person, to a limit of not less than $200,000
because of bodily injury or death of two or more persons in any one
accident and, if the accident has resulted in injury to or destruction
of property, to a limit of not less than $10,000 because of injury
to or destruction of property of others in any one accident.
f.
Engaging in the sale of goods and merchandise which
are illegal or which do not comply with any other laws of the State
of New Jersey or ordinances of the borough.
g.
Has been convicted and found guilty by a court of competent
jurisdiction of violation of this section within one year preceding
the date of the application.
h.
Fails to comply with any of the provisions of this
section.
[Ord. No. 528; 1972 Code
§ 7-2.5; Ord. No. 32-89; Ord. No. 26-94]
There shall be an annual license fee of $40 for a peddler's license; $20 for an initial solicitor's license; $10 for the renewal of a solicitor's license; and $40 for a mobile food vendor's license as required under subsection 5-4.2a.
[Ord. No. 528; 1972 Code
§ 7-2.6]
The equipment used or employed by persons operating under this
section in the business of ice cream, foods, beverages, confections
and other related commodities shall be maintained in a clean and sanitary
manner and be subject to inspection by the Board of Health of the
Borough, its agents, servants and employees, and shall fully comply
with the laws of the State of New Jersey, the rules and regulations
of the New Jersey State Department of Health, the ordinances of the
Borough, and the rules and regulations of the Board of Health of the
Borough.
[Ord. No. 528; 1972 Code
§ 7-2.7; Ord. No. 22-94]
Any licensee under this section shall observe the following
regulations:
a.
No person or vehicle shall stand or be parked in a
fixed location for the purpose of displaying or selling wares, merchandise
or services on any public or private property where to do so causes
or is likely to cause a crowd, impede vehicular or pedestrian traffic,
produce annoying sounds, noises or disturbances, which interfere with
the comfort of the residents, nor shall use any loud or obnoxious
instrument or sound device, including but not limited to a gong bell,
bull horn or public address system, to attract the attention of the
public.
b.
No licensee shall have an exclusive right to any one
place upon any sidewalk, or any street and shall not be permitted
to operate in any congested area where such operation might impede
or inconvenience the public and the public right to free and easy
access of sidewalks and streets.
c.
No licensee shall strew or litter or cause to be strewn
or littered the public streets or sidewalks or private property with
refuse or waste matter of any kind or in any wise interfere with the
comfort or convenience of the residents or businesses of the occupants
or owners or adjacent properties.
d.
No licensee shall permit his person or vehicle to stand
or be parked for the purpose of displaying or selling wares, merchandise
or services on any public or private property within a distance of
250 feet of the nearest public, parochial or private school in the
Borough during school hours. School hours shall mean any time between
8:30 a.m. and 3:30 p.m. on weekdays, exclusive of Saturdays, during
such days as the schools may be in session.
e.
No licensee shall sell or attempt to sell in accordance
with the terms of this section except as set forth in the preceding
paragraph before 8:00 a.m. or after 9:00 p.m. The aforesaid time limitations
shall not apply to licensees who are expressly invited into homes
by the occupants thereof.
f.
No licensee shall permit his person or his vehicle
or dispensing container to stand for a period longer than the time
it takes to make a sale to a customer.
g.
The aforesaid time regulations as contained in subsection 5-4.7 shall not apply to the operation of the concession stand located at the entrance to the boat ramp along American Legion Drive, Borough of Keyport, County of Monmouth, and State of New Jersey. The Mayor and Council may affix the specific hours for operation for the concession stand by resolution for the periods of time from May 1st to October 31 in each calendar year.
[Ord. No. 528; 1972 Code
§ 7-2.8]
A good and sufficient bond and surety shall be required in those
cases where orders are solicited or taken for future delivery of goods
or performance of services and advance payments or deposits are accepted.
Before the license is issued, the applicant shall execute and
deliver to the Borough Clerk a good and sufficient surety in the amount
of $1,000 provided that a single bond shall be sufficient to qualify
all employees of any single business entity. The bond shall remain
in force for one year after the date of expiration, and shall be conditioned
to indemnify and pay the Borough any penalties or costs incurred in
the enforcement of any of the provisions of this section and to indemnify
or reimburse any purchaser of personal property in a sum equal to
at least the amount of any payments that such purchaser may have been
induced to make through the misrepresentation as to the kind, quality
or value of the personal property, and to indemnify or reimburse any
such purchaser in an amount equal to at least the amount of any payment
such a purchaser may have made to any licensee for personal property,
the delivery of which is either not made at all, or not made as represented
by the licensee.
[Ord. No. 528; Ord. No. 537A; 1972 Code § 7-2.9; Ord. No. 17-07]
The provisions of this section shall not be construed to apply
to:
a.
The selling or delivery of milk, eggs, bread, newspapers,
or other such necessary and perishable articles of food or merchandise
of a type commonly delivered on a house-to-house basis at intervals
of less than one week nor to the selling of any article at wholesale
to dealers dealing in the retail sale of such articles.
b.
Any veteran who holds a special license issued under
the law of the State of New Jersey. Such veteran shall be exempt from
securing a license or paying the fee as provided herein, but shall
be required to register with the Borough Clerk and obtain a special
veterans permit which will be issued by the Clerk upon proper identification
and exhibition of such State license.
Any nonprofit, charitable, educational, civic or veterans organization, society, volunteer first aid or fire company or the like, desiring to solicit or have solicited in its name, money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Borough for a charitable, patriotic or philanthropic purpose shall be exempt from the provisions of subsection 5-4.5, but shall in all other respects comply with this section.
c.
Vendors for one day events or other events authorized
by the Mayor and Council specified of the Borough of Keyport shall
be exempt from securing a license as provided herein, but shall be
required to submit an abbreviated application in the form as established
by the Borough. The completed abbreviated application is to be submitted
to the Borough Administrator, or his/her designee, for review and
approval. A copy of all approved applications under this subsection
shall be supplied to the Borough Clerk. A fee of $20 is required for
the application review.
[Ord. No. 528; 1972 Code
§ 7-2.10]
All licenses issued under this section shall expire on July
1 following the date of issuance, without regard to the time of year
issued and the fee as herein fixed shall be the fee for such time,
whether it is for all or part of such license year.
[Ord. No. 528; 1972 Code
§ 7-4.1; Ord. No. 32-89]
No person shall conduct or carry on in a place of business any
bagatelle tables, pinball machines, music machines, including but
not limited to record playing machines, amusement or game machines
of every kind and description, within the Borough without first obtaining
a license therefor in accordance with the provisions of this Chapter.
[Ord. No. 528; 1972 Code
§ 7-4.2]
[Ord. No. 528; Ord. No. 567; 1972 Code § 7-4.3; Ord. No. 32-89; Ord. No.
5-93]
There shall be an annual fee for a license issued under this
section as follows:
[Ord. No. 528; 1972 Code
§ 7-4.4]
Any person holding a license issued under this section shall
have the same displayed at the place of business where the machine
is located or upon the machine.
[Ord. No. 528; 1972 Code
§ 7-4.5]
The provisions of subsection 5-4.10 shall apply under this section.
[Ord. No. 26-84]
As used in this section:
The person, association of persons, firm or corporation,
who shall be responsible in whole or in part, jointly or severally,
for the placement and maintenance of a newsrack in the public right
of way.
Any publication, magazine, periodical, leaflet, or similar
printed matter.
Any self-service or coin-operated box, stand, rack, container,
storage unit, or other dispenser installed, used or maintained for
the purpose of offering for sale, vending, distributing, or giving
away any publication.
Any surface provided for the exclusive use of pedestrians,
including the area between the sidewalks and the curb of any street,
or, if there is no sidewalk, the area between the edge of the roadway
and the property line adjacent thereto.
All the area dedicated to public use for public street purposes
including, but not limited to, roadways, parkways, alleys and sidewalks.
[Ord. No. 26-84]
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public street or sidewalk
or in any other public way or place in the Borough any newsrack without
first having obtained a permit from the Borough Clerk, and approved
by the Superintendent of Public Works, and Chief of Police.
[Ord. No. 26-84]
Application for such permit shall be made, in writing, to the
Borough Clerk upon such form as shall be provided by the Office of
the Borough Clerk, and shall contain the name and address of the applicant
and the proposed specific location of the newsrack or newsracks and
shall be signed by the applicant.
[Ord. No. 26-84; Ord. No. 32-89]
a.
Permits may be issued for the installation of a newsrack
or newsracks upon submission of a completed application. Such permit
for such newsrack or newsracks and the installation, use or maintenance
thereof shall be conditioned upon observance of the provisions of
this section. An annual permit fee of $25 per newsrack shall be paid
upon the submission of the application.
b.
Such permits shall be valid for a period of one year
and shall be renewable upon payment of the applicable permit fee.
[Ord. No. 26-84]
Any newsrack which, in whole or in part, rests upon, in or over
any public sidewalk or street or right of way, shall comply with the
following standards.
a.
No newsrack shall exceed 60 inches in height, 30 inches
in width or 24 inches in thickness.
b.
No newsrack shall be used for advertising signs or
publicity purposes other than that dealing with the display, sale
or purchase of the newspaper sold therein.
c.
Each newsrack shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate
refund in the event that he is unable to receive the publication paid
for. The coin-return mechanisms shall be maintained in good working
order.
d.
Each newsrack shall have affixed to it, in a readily
visible place so as to be seen by anyone using the newsrack, notice
setting forth the name and address of the distributor and the telephone
number of a working telephone service to call to report a malfunction
or to secure a refund in the event of a malfunction of the coin-return
mechanism or to give the notices provided for in this section.
e.
Each newsrack shall be maintained in a neat and clean
condition and in good repair at all times. Specifically, but without
limiting the generality of the foregoing, each newsrack shall be serviced
and maintained so that:
1.
It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof.
2.
It is reasonably free of rust and corrosion, in the
visible unpainted metal areas thereon.
3.
The clear plastic or glass parts thereof, if any, through
which the publications therein are viewed, are unbroken and reasonably
free of cracks, dents, blemishes, and discolorations.
4.
The paper or cardboard parts or inserts thereof, if
any, are reasonably free of tears, peelings, or fading.
5.
The structural parts thereof are not broken or unduly
misshapen.
f.
It shall be unlawful for any person or place to maintain
any publication or material in newsracks which exposes to public view
any pictorial material which depicts or appears to depict offensive
sexually explicit material.
[Ord. No. 26-84]
Any newsrack which rests in whole or in part upon, or in any
portion of a public right-of-way or which projects onto, into or over
any part of a public right-of-way shall be located in accordance with
the provisions of this section:
a.
No newsrack shall be used or maintained which projects
onto, into or over any part of the roadway of any public street or
which rests, wholly or in part upon, along or over any portion of
the roadway of any public street.
b.
No newsrack shall be permitted to rest upon, in or
over any public sidewalk when such installation, use or maintenance:
1.
Endangers the safety of persons or property;
2.
Unreasonably interferes with or impedes the flow of
pedestrians or vehicular traffic, including any legally parked or
stopped vehicle;
3.
Unreasonably interferes with the ingress into or egress
from any residence or place of business; or
4.
Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes, permitted at or near the location.
c.
No newsrack shall be chained, wired, bolted, or in
any way affixed to any sign, stanchion, other newsrack, tree, or any
other protrusion or appurtenance projected above ground level, unless
the appurtenance, protrusion, etc., is the property of the owner of
the newsrack.
d.
Machines may be chained or otherwise attached to one
another; however, no more than two machines may be joined together
in this manner, and a space of not less than 18 inches shall separate
each group of two machines so attached.
e.
No machine, or group of attached machines, shall weigh,
in the aggregate, in excess of 125 pounds when empty.
f.
No newsrack shall be placed, installed, used or maintained:
1.
Within five feet of any marked crosswalk,
2.
Within 15 feet of a curb return of any unmarked crosswalk,
3.
Within 10 feet of any fire hydrant, fire call box,
police call box or other emergency facility.
4.
Within five feet of any driveway.
5.
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
6.
Within five feet of or on any public area improved
with lawn, flowers, shrubs, trees, or other landscaping.
7.
Within 100 feet of any church, park, playground, or
public schoolhouse, or private schoolhouse conducted for non-pecuniary
profit.
8.
Within three feet ahead of, and 15 feet to the rear
of any sign marking a designated bus stop.
9.
Within four feet of any bus bench.
10.
Within six feet as measured along the building line,
of any display window of any building abutting the sidewalk or in
such location as to impede or interfere with the reasonable use of
such window for display purposes.
[Ord. No. 528; 1972 Code
§ 7-3.1]
It shall be unlawful for any junk dealer or scavenger with a
vehicle, whether motor or otherwise, to engage in such activity within
the Borough without first obtaining a license therefor in accordance
with the provisions of this Chapter.
[Ord. No. 528; 1972 Code
§ 7-3.2]
[Ord. No. 528; 1972 Code
§ 7-3.3]
There shall be an annual license fee of $100 and an additional
fee of $15 for each employee of the applicant who shall conduct the
business of the applicant.
[Ord. No. 528; 1972 Code
§ 7-3.4]
The provisions of subsection 5-4.10 shall apply under this section.
[Ord. No. 177; 1972 Code
§ 7-6.1]
No person shall engage in, conduct or carry on an auction sale
of goods, wares or other commodities, within the Borough, without
first obtaining a license therefor in accordance with the provisions
of this Chapter.
[Ord. No. 177; 1972 Code
§ 7-6.2; Ord. No. 2-01]
In addition to the provisions of subsection 5-1.2, the application for a license under this section shall state the place where the goods to be sold are located and the auction sale conducted; and the further averment that all the goods to be sold have been in and upon the premises where the sale is to be held for more than six months prior to the time of sale and be accompanied by an inventory of the same; and the further averment that no other goods than the goods as above specified shall be offered for sale or sold at such sale.
Where the applicant has, within a period of six months prior
to the date of the application, conducted auction sales in the Borough
of Keyport on at least four occasions and said sales were conducted
in compliance with Borough ordinances, the six months holding period
shall be waived for the license issued under said application.
[Ord. No. 177; 1972 Code
§ 7-6.3; Ord. No. 32-89; Ord. No. 32-90]
The fee for a license under this section shall be as follows:
a.
Daily: $30 per day; or
b.
Yearly: The person may elect to pay a yearly sum of
$500, which shall in no way relieve the party from any other obligations
provided in this section, nor shall the yearly fee be prorated or
to determine a fee for any portion of the year in which case the daily
fee will be required.
[Ord. No. 177; 1972 Code
§ 7-6.4]
The provisions of this section shall not relate to an auction
sale conducted by the sheriff, constable, trustee in bankruptcy and
receivership or his deputy in the furtherance of a judicial sale.
[1]
Editor's Note: Taxicabs must also comply with the requirements
of N.J.S.A. 48:16-1, et seq.
[Ord. No. 400; 1972 Code
§ 10-1]
As used in this section:
Any person who drives a taxicab within the Borough.
Licensed in accordance with this section.
Shall consist of transporting in such taxicab one or more
persons for hire along any of the streets of the Borough, accepting
a passenger to be transported for hire within the Borough or from
a point within the Borough to a point outside the Borough limits,
or discharging a passenger transported for hire from a point outside
the Borough limits to a point within the Borough limits. The operation
of a taxicab in any of the above described methods by anyone other
than the owner shall be deemed operation by the owner thereof as well
as by the person actually driving the same. The transportation of
any person other than the owner or driver in any motor vehicle bearing
the sign thereon or therein using the word, "taxi", "taxicab", "cab",
"hack" or term or word of similar connotation shall be prima facie
evidence of operation.
Any person in whose name title to any taxicab is registered
with the New Jersey Department of Transportation or who appears in
such records to be the conditional vendee or lessee thereof.
Includes any automobile or motor car, commonly called taxi,
engaged in the business of carrying passengers for hire, which is
held out, announced or advertised to operate or run or which is operated
or run over any of the streets of the Borough, and which accepts passengers
in the Borough for transportation from points or places to points
or places within or without the Borough. Provided that nothing herein
contained shall include or apply to autobuses as defined in N.J.S.A.
48:16-23 or jitneys or other vehicles operated under municipal consent
upon a route established wholly within the limits of the Borough or
the public conveyances which are by law subject to State or Federal
regulation exclusively.
[Ord. No. 400; 1972 Code
§ 10-2]
No person shall operate any taxicab within the Borough unless
both the taxicab and the driver thereof are licensed pursuant to this
section and conform to all provisions hereof.
[Ord. No. 400; 1972 Code
§ 10-3]
There are hereby established two classes of taxicab licenses,
to be known as "taxicab driver's licenses" and "taxicab owner's
licenses".
[Ord. No. 400; 1972 Code
§ 10-3.1]
A taxicab driver's license shall entitle the person named
therein to operate within the Borough any taxicab duly licensed hereunder
until the license either expires or is surrendered, suspended or revoked
and shall not be transferable.
[Ord. No. 400; 1972 Code
§ 10-3.2]
A taxicab owner's license shall entitle the taxicab therein
described to be operated in the Borough by a driver duly licensed
hereunder until the license either expires or is surrendered, suspended
or revoked and shall not be transferable except as provided herein.
[Ord. No. 400; 1972 Code
§ 10-4]
Every license issued pursuant to the terms of this section shall
expire at 12:00 midnight on June 30 of the year next succeeding that
in which it was issued unless sooner surrendered, suspended or revoked.
[Ord. No. 400; 1972 Code
§ 10-5.1]
The number of licenses under this section to be issued or outstanding
in any one year shall be fixed by resolution of the Mayor and Council.
[Ord. No. 400; 1972 Code
§ 10-5.2]
The Mayor and Council shall adopt resolutions establishing zones
or districts within the Borough limits as they may deem desirable
or necessary for the purpose of prescribing or fixing maximum or minimum
charges which may be made within the area or within such districts
for such taxicab service.
[Ord. No. 400; 1972 Code
§ 10-6; Ord. No. 32-89]
a.
Taxicab driver's license. Every applicant for
a taxicab driver's license shall, in addition to the requirements
herein provided and of any law of the State, prove to the satisfaction
of the Mayor and Council that he is over the age of 21 years; that
he is in good health with good eyesight; that he is not addicted to
the use of intoxicating liquors or drugs; that he is able to read
and write the English language; that he is of good character; that
he has not been convicted of any indictable offense or of reckless
driving within two years next preceding the filing of such application;
that he has knowledge of the State Motor Vehicle Laws and traffic
regulations; and that he has knowledge of the ordinances and geography
of the Borough. He shall furnish with the application for such driver's
license a recent photograph of himself of a size not less than 1 1/4
inches in height and 1 3/4 inches in length which shall be filed
with the application, together with the names and addresses of two
responsible property owners of the Borough as references. Such applicant
for a driver's license shall be fingerprinted before the license
is issued.
b.
Taxicab owner's license. All applications for
taxicab owner's licenses shall be in writing in duplicate, and
shall contain the full name and address of the owner, the serial number,
type, color, age and make of the taxicab, the number of persons it
is to carry, and the names and addresses of two responsible property
owners of the Borough as references. Any and every change of address
of the owner shall be reported in writing to the Borough Clerk within
three days after such change.
c.
Filing of application; transferability. All applications shall be filed in writing and in duplicate with the Borough Clerk, who shall submit such applications to the Borough Council at the next succeeding meeting for action, and any or all applications, following investigation reports, may be granted or refused by the majority vote of the members of the Council present at such meeting, as provided in subsection 5-10.16.
An existing owner's license may be transferred upon the
transferee filing the application and performing all the other things
to be performed in the case of an application for owner's license
as required herein.
[Ord. No. 400; 1972 Code
§ 10-7; Ord. No. 32-89; Ord. No. 13-03]
The fees for the issuance of the licenses herein referred to
shall be as follows:
a.
For each taxicab license, $50 per year or any fraction
thereof;
b.
For each taxicab driver's license, $25 per year;
c.
For transfer of a taxicab owner's license, $50.
|
The Borough Clerk shall, at the time a license is granted and
upon the receipt of the license fee, deposit same in the appropriate
account established by the Borough of Keyport.
|
[Ord. No. 400; 1972 Code
§ 10-8]
No taxicab shall be licensed until an insurance policy or certificate
in lieu thereof, and power of attorney executed, have been filed with
the Borough Clerk as provided for taxicabs and autocabs pursuant to
the provisions of N.J.S.A. 48:16-1 to 48:16-22, and the operation
of any licensed taxicab hereunder shall be permitted and shall be
lawful only so long as such liability insurance policy remains in
full force and effect.
[Ord. No. 400; 1972 Code
§ 10-9]
Each applicant granted a taxicab driver's license shall
be issued a license card in a form approved by the Mayor and Council
and signed by the Borough Clerk in their behalf. Such license card
shall at all times be carried by the driver while operating a taxicab.
In addition, the owner of the taxicab shall furnish a card with the
name of the driver which shall at all times be prominently displayed
and adequately posted in the interior of any taxicab operated by the
licensee so that the face thereof shall be at all times in full view
and plainly legible to any passenger seated on the rear seat of such
taxicab and there shall be affixed to such card in full view of such
passengers a photograph of a size not less than 1 1/4 inches
in height and 1 3/4 inches in length of the licensed driver,
together with a photograph of the licensed owner of the taxicab of
the same size. Each photograph shall have indicated thereon the words,
"Licensed Taxicab Owner" or "Licensed Taxicab Driver", as the case
may be.
[Ord. No. 400; 1972 Code
§ 10-10]
a.
Posted. No taxicab shall be operated in the Borough
unless there is prominently displayed in the interior thereof within
the full view and access of any passengers therein, a complete list
of fares, charges or tariff rates charged for transportation of passengers,
which fares, charges or tariff rates so displayed and no other shall
be charged any passenger so transported.
b.
Rates. The rate of fare to be charged within the Borough
shall be fixed by resolution of the Mayor and Council, and the Mayor
and Council may by resolution establish zones for the purpose of fixing
rates.
[Ord. No. 400; 1972 Code
§ 10-11]
Every taxicab licensed hereunder shall have conspicuously located
on the exterior thereof the word "taxicab", which shall be illuminated
during darkness.
[Ord. No. 400; 1972 Code
§ 10-12]
a.
Promulgation by Council. The Mayor and Council may
by resolution make such general rules and regulations and such special
rulings and findings as may be necessary for the proper regulation
and control of the operation of taxicabs in the Borough and enforcement
of this section, in addition thereto and not inconsistent therewith;
and may alter, amend, repeal and publish the same. The Mayor and Borough
Council, in implementing this section by resolution or regulation
where and when required shall at all times consider the purpose and
intent of this section, the character of the various districts of
the Borough, and the needs of the public with particular consideration
to pedestrian and vehicular traffic.
b.
Violations. The violation by the taxicab owner or the
taxicab driver of any rules, regulations, special rulings and findings
which are hereafter promulgated by the Mayor and Council and included
within a resolution shall be sufficient cause for revocation of any
license granted to such taxicab owner or taxicab driver pursuant to
this section, and shall be sufficient cause for the revocation of
any license granted to such taxicab owner or taxicab driver pursuant
to this section; and shall be sufficient cause for the refusal by
the Mayor and Council to renew such license, in addition to any and
all other grounds specifically mentioned in this section.
c.
Consumption of alcoholic beverages by drivers prohibited.
No taxicab driver shall operate a taxicab after having consumed or
while under the influence of alcoholic beverages.
[Ord. No. 400; 1972 Code
§ 10-13]
The Mayor and Council may, in their discretion, refuse to issue
or renew or may, after notice and hearing, revoke or suspend:
a.
Any license of either class if the applicant or licensee,
within two years next preceding the filing of an application hereunder
or who, having obtained a license while such license is in effect
hereunder, has been or is convicted of a crime involving moral turpitude
in this or any other jurisdiction, or of being a disorderly person
in this or any other jurisdiction, or of reckless driving or whose
driving privileges have been revoked in this or any other state, or
who violates any provisions of this section, or who has any judgement
unsatisfied of record against him arising out of an automobile accident,
or has failed or fails to render reasonable, prompt, safe and adequate
taxicab service, or who has not complied fully with all the requirements
of this chapter for such class of license; or
b.
Any taxicab driver's license if the applicant
has any communicable or contagious disease; or
c.
Any taxicab owner's license if the motor vehicle
licensed or to be licensed by reason of unsafe or unsanitary condition
is dangerous to the safety and health of the occupants or others,
or if the policy of insurance required by this section, or by any
statute of New Jersey has once lapsed or such coverage is not maintained
at all times.
[Ord. No. 400; 1972 Code
§ 10-14]
Owners and drivers of taxicabs licensed out of the jurisdiction
of the Borough may be allowed to enter their taxicabs in the Borough
on specific call only, whether transporting a passenger within the
Borough, or from a point within the Borough to a point outside the
Borough limits, or discharging a passenger transported from a point
outside of Borough limits to a point within the Borough limits, and
the name of the passenger so calling shall be given by the owner or
driver when requested by the Borough Police or other lawful persons.
Such taxicabs shall not be parked in the Borough nor shall the drivers
thereof cruise on the streets of the Borough at any time for the purpose
of soliciting passengers, nor shall they in the night-time or other
periods of darkness, when in the Borough, permit any advertising lights
on the taxicab to remain lighted; provided that the same or similar
substantial reciprocal rights are granted to owners and drivers of
taxicabs licensed in the Borough by the municipalities in which the
aforesaid owners or drivers are licensed.
[Ord. No. 11-85]
As used in this section:
Includes any automobile or vehicle engaged in the business
of carrying passengers for hire and operating from private property,
either by trip, hour or day, or longer period of time, and which does
not solicit passengers for hire upon the public streets of the town
and which is intended to run primarily from points within the Borough
to destinations in other municipalities. The term "limousine" shall
also mean "auto livery" and "autocab" as defined in N.J.S.A. 48:16-13.
[Ord. No. 11-85; Ord. No. 32-89; Ord. No.
11-94]
a.
License Required. No person shall hire, keep or use
for hire or pay, or cause to be kept or used for hire or pay, any
limousine utilizing the Borough as a principal place of business as
expressed in N.J.S.A. 48:16-18 without having first obtained a license
for that purpose from the Borough Clerk for such limousine which license
shall be known as "limousine license." Such license shall be for a
term of one year from the date of issuance and shall be renewable
annually, and shall expire on December 31 following the date of issuance,
without regard to the time of year issued, and the fee as herein fixed
shall be the fee for such time, whether it is for all or part of such
license year. Licenses shall be nontransferable. Renewal of the license
shall require the same information and filing as the original application
using the same form and fees.
b.
Fee. The fee for the issuance of such license shall
be $40 for each limousine licensed. Each such vehicle used as a limousine
shall be licensed separately.
c.
Qualifications. The Borough Clerk shall issue such
license after satisfactory compliance by the applicant with the provisions
of N.J.S.A. 48:16-13 to 22 and the payment of the aforesaid fee.
d.
Form and Content of License. There shall be a separate
license issued for each limousine to be licensed. The license shall
be in writing, numbered, in triplicate, signed by the Borough Clerk
on a form provided by the Borough, and shall contain the following
information: Name, business address, business telephone number of
the owner; number of the license; make, model, year, serial number
and license plate number of the vehicle; the name of the company supplying
insurance coverage; the policy number, and the name, address, and
telephone number of the insurance agent.
e.
By Whom Issued. Limousine licenses or any renewal thereof
shall be issued by the Borough Clerk and no approval of the Mayor
and Council is required.
f.
Where Displayed. One copy of the limousine license,
when issued, shall be retained by the Borough Clerk. The applicant
shall receive the original and one copy. The original shall be kept
in the limousine at all times.
[Ord. No. 11-85]
Any person or persons, firms, corporations or other organizations
found to be in violation of any of the provisions of this section
shall upon conviction thereof in Municipal Court and in addition to
the penalties provided by N.J.S.A. 48:16-22 pay a fine of not less
than $25 or more than $50 for the first offense and for each subsequent
offense, shall upon conviction pay a fine not to exceed $100. Upon
failure to pay such fine, such person shall be liable to imprisonment
for a term not to exceed 30 days.
In addition to such penalties as aforesaid, every license granted
in pursuance of this section may be revoked by the Borough Clerk upon
evidence of failure to comply with any provision of N.J.S.A. 48:16-13
et seq.
[Ord. No. 12-74; 1972 Code
§ 7-12; Ord. No. 11-01; Ord. No. 26-02]
a.
Games of chance commonly known as bingo and raffles,
as provided by N.J.S.A. 5:8-24 et seq. and through N.J.S.A. 5:8-50
et seq. may be conducted in the Borough on any day of the week, including
the first day of the week commonly known and designated as Sunday,
provided the applicant for the license to conduct such games otherwise
qualifies under the provisions of N.J.S.A. 5:8-25 and N.J.S.A. 5:8-51,
and the rules and regulations of the Legalized Games of Chance Control
Commission (herein, "the Control Commission"), which restrict the
availability of such licenses to bona fide religious, charitable,
fraternal and other such organizations.
b.
Except as provided by paragraph d. herein, the Borough
shall charge a fee in the amount equal to the amount charged by the
Control Commission, as set forth in N.J.A.C. 13:47-4.9 or equivalent
section as may be amended from time to time.
c.
Upon the adoption of this paragraph,[1] the Borough of Keyport shall not waive the municipal fee
established under paragraph b. for any religious, charitable, fraternal
or other such organizations within the Borough of Keyport. The Borough
shall be entitled to receive a municipal fee for each and every pull
tab ticket/raffle application made by entity within the Borough of
Keyport. Nothing set forth in this paragraph c. shall exempt any organization
from payment of any fee due to the Control Commission.
[1]
Editor's Note: This paragraph was adopted October 1,
2002 by Ord. No. 26-02.
d.
At the request of any bona fide religious, charitable,
fraternal or other not-for-profit organization, the Borough of Keyport
shall waive the municipal yearly fee established for any machine-generated
pull tab tickets and/or raffles utilized within the Borough of Keyport.
This waiver shall only apply to tickets generated directly from a
machine operated and located within the Borough of Keyport. Nothing
set forth in this paragraph d shall exempt any organization from payment
of any fee due to the Control Commission.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
The purpose of this section is to fix and establish licensing
requirements, towing procedures and regulations for the use of tow
truck operators in the Borough of Keyport.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
This section complies with N.J.S.A. 40:48-2.49 creating nondiscriminatory
and nonexclusionary regulations governing towing and storage services.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
An annual list of towing contractors, not to exceed a total
of four contractors, is to be selected by the Borough Council upon
written recommendation of the Chief of Police. Each towing contractor
on said list shall be called on a rotating basis. Said list shall
be maintained by the Police Department and updated on an annual basis
by the Borough Clerk.
[Ord. No. 27-92; Ord. No. 1-94; Ord. No.
1-08; amended 12-19-2017 by Ord. No. 15-17]
a.
A tow truck operator's license is required for
any person, partnership, corporation or other entity to be placed
on the tow truck rotating call list. An application for license pursuant
to this section shall be made in a form prepared by the Police Department
of the Borough of Keyport, and a complete application shall be filed
with both the Police Department and the Borough Clerk's Office.
A completed application must be submitted no later than the 15th of
December. There will be no exceptions. The application must state
the following:
1.
Location, description, availability, number of tow
trucks operating, each vehicle description, including year, make,
model, type and serial number.
2.
Rates charged for towing and for storage, which rates
must be available for public inspection and shall not be in excess
of the maximum rates established by this section or by state law.
3.
A thorough diagram and complete description of the
area the applicant intends to utilize for accommodating towed vehicles
indicating all security measures (such as fencing, gates, locks, alarms,
etc.) in place for the protection of stored vehicles.
4.
A statement that the applicant has sufficient personnel
to comply with the provisions of this section relating to response
time, and applicable state law N.J.S.A. 40:48-2.49, with proof of
ownership or lease of storage area.
5.
Name, address, and policy number of applicant's
insurance company.
6.
A signed statement by applicant of nondiscriminatory
and nonexclusionary employment practices.
b.
The Chief of Police, or his designee, shall conduct
an investigation to be made of the applicant and the applicant's
business operation and facility within 10 days of the filing of an
application.
c.
Within the aforesaid 10 days, the Chief of Police shall
make his recommendation to the Mayor and Borough Council, in writing,
to grant or deny the tow truck operation license to the applicant.
If denied, detailed reasons must be set forth in said license; the
operator must provide the Borough Clerk and the Mayor with true copies
of all necessary insurance policies and proof of payment, or certificates
of insurance.
d.
A nonrefundable annual application fee of $450 is to
be paid each year at the time of the application.
e.
A towing fleet license fee of $250 shall be paid by
the applicant to the Borough Clerk with a single roster of vehicles
which will be used in the towing operation within five business days
of written notification to the applicant of the applicant's approval.
Upon full payment to the Borough Clerk, the Borough Clerk may place
the applicant's name on the tow list. All licenses issued under
this section shall expire on December 31 of the licensing year. Renewal
of the license shall require the same information and filing as the
original application, using the same form and fees.
f.
The Borough Council shall terminate any license issued
pursuant to this section if determined that the applicant has provided
fraudulent or inaccurate information or the application, is in violation
of any municipal, county or state ordinance, law or regulation, is
providing unsatisfactory service, is in violation of New Jersey Department
of Insurance rules and regulations, or equipment is inadequate. Proceedings
for suspension or revocation of the license shall be service of a
five-day notice of charges preferred against the licensee, and a reasonable
opportunity for a hearing shall be afforded. A hearing shall be held
by the Mayor or the Chief of Police. A recommendation for the appropriate
action shall be submitted in writing by the hearing officer to the
Borough Council with five days after conclusion of said hearing.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
The maximum rates that may be charged for the use of a tow truck
and/or storage of a vehicle towed, whether licensed or unlicensed,
are as follows:
a.
Towing services to a location outside the Borough of
Keyport or within the Borough of Keyport or to a storage yard, which
services shall consist of the removal and transportation of a vehicle
from a highway, street or other public or private road, or a parking
area, or from a storage facility:
b.
Storage fees shall be charged per calendar day or fraction
thereof. An additional charge of $50 may be imposed if a request is
made of the storage facility to release the vehicle in question after
normal business hours, on a weekend, Saturday or Sunday, or on a holiday.
4.
All fees to be paid to an operator by a municipality,
or department thereof, for the storage of removed motor vehicles shall
not exceed the amount set forth in N.J.S.A. 40:48-2.50.
c.
Other fees.
2.
Towing to another location other than the tow company's
yard:
(a)
Rates to be determined by the towing company
and the owner or operator of the vehicle to a maximum of $3 per mile.
3.
Additional man power: $75.
4.
Dolly use: $50 per axle.
5.
Administrative fee (after two days): $25.
6.
Cleanup fee: $35 in half hour increments.
7.
Speedy dry: $12 per bag.
8.
Waiting time: after 1/4 hour, $25 per 1/4 hour.
9.
Vehicle removal: $50.
10.
Service calls: $50 plus cost of service, $25 per 1/4
hour (i.e., changing flat, supplying gasoline or other services at
scene).
11.
Other fees not listed above may not be charged unless
preauthorized by vehicle operator or owner.
d.
ADMINISTRATIVE FEE
AUTHORIZED STORAGE FACILITY
CONSENT TOW
CRUISING
DOLLY WHEELS
IMPOUND
NONCONSENT TOW
RESPONSE TIME
SERVICE CALL
SPEEDY DRY APPLICATION
TOW LIST
WAITING TIME
WINCHING
WRECKER
Definitions. As used in this section:
Shall not be included in a standard tow. This fee is for
post-accident service, to include insurance inspection, telephone
calls or faxes, removal of personal items and additional paperwork.
This shall be assessed only one time per vehicle.
Shall be a licensed junkyard or auto body repair shop in the Borough of Keyport or a service station or public garage in the Borough of Keyport, or otherwise set forth in Subsection 5-13.9 of this section, which has a temporary storage facility for disabled or abandoned vehicles.
Someone other than the Keyport Police Department requests
a towing agency's service for the purpose of removing a vehicle.
This could include, but is not limited to, the owner or operator of
a vehicle or the owner or authorized agent of private property.
The driving of a wrecker along any Borough street for the
purpose of soliciting business with the Borough.
Wheel and axle substitute.
Any vehicle authorized by law to be seized, towed and held
in the custody of an approved impound storage yard as approved by
the Keyport Police Department.
When the Keyport Police Department contacts the towing agency
to remove and/or impound a vehicle at the request of the Keyport Police
Department.
The time from when the operator receives the telephone call
from the Keyport Police Department until the time the operator arrives
on scene.
A response to a motorist to provide aid for the changing
of flat tires, providing fuel and/or other services rendered.
The disbursement of an agent used to absorb liquid spills
from vehicles.
The list of approved tow truck operators authorized to operate
in the Borough of Keyport.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery.
Use of a cable and hook, crane operation, lifting dragging,
uprighting a vehicle, etc.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying and removing vehicles which
are unable to be operated under their own power.
e.
Return/release of impounded vehicles:
1.
No motor vehicle which has been impounded pursuant
to the laws of this state shall be released by the Borough unless
proof of valid insurance and proof of ownership for that vehicle is
presented to the Keyport Police Department. This includes those individuals
who plan to remove their vehicle with a wrecker. The recovery or salvage
of the impounded motor vehicle by, or on behalf of, an insurer, financial
institution or other lending entity, shall not require proof of valid
motor vehicle insurance for that vehicle.
2.
A $35 administrative fee will be paid to the Borough
of Keyport for a release of any impounded vehicle.
3.
Criminal investigation means vehicle seized for criminal
investigation purposes shall not be returned to the owner with authorization
from Keyport Police Department representative.
4.
Twelve-hour impoundment of a motor vehicle operated
by a DWI. When a law enforcement officer makes an arrest for DWI,
the officer must impound the vehicle the person was operating and
hold it for a minimum of 12 hours from the time of the arrest.
5.
Release of vehicle before the twelve-hour impoundment
expires: The vehicle may be released prior to 12 hours of impoundment
if the owner of the impounded vehicle was not the operator that was
charged with DWI. In this circumstance, the vehicle may be released
after the owner demonstrates proof of ownership, registration and
automobile insurance coverage. The vehicle may only be released if
no Title 39 violations exist.
6.
For vehicles impounded and abandoned: Any vehicle which
has been impounded and left for a period which exceeds that set forth
in N.J.S.A. 39:4-56.6 shall be deemed abandoned. The contractor shall
be responsible for the legal disposition of the vehicle and for obtaining
a junk title following the New Jersey Motor Vehicle Commission's
procedures respecting abandoned vehicles. The contractor must undertake
its own due diligence, at its own expense, to contact the vehicle
owner (i.e., through legal process, including, by way of example,
regular and certified U.S. mail, return receipt requested, keeping
all proof of such attempts as records pertaining to towing and storage
under this chapter) within 90 days of its abandonment. If the vehicle
is not claimed by its owner following that period, it may then be
sold at public auction in accordance with applicable law, including
those provisions set forth at N.J.S.A. 2A:44-20 through 2A:44-31.
A contractor may also opt to hire an outside agency or firm to obtain
junk title to any abandoned vehicle, at the contractor's sole
expense.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
The maximum rates fixed in this section shall apply to the towing
and storage of all passenger vehicles, except those exempt pursuant
to N.J.S.A. 17:33B-47 and N.J.A.C. 11:3-38.1 et seq. as well as to
nonpassenger vehicles not exceeding two tons in gross vehicle weight.
In the case of services rendered to other types of vehicles, services
of a nature beyond basic towing services or tows to locations outside
of the Borough of Keyport, or other than those covered by basic rates,
or services rendered in extraordinary cases involving unusual conditions,
the rate to be charged shall be fair and reasonable based on the locations,
length of time, number of men and amount of machinery involved and
the difficulty of the job.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
a.
No licensed tow truck shall be utilized, approved or
placed on the tow list unless and until all the vehicles to be used
have been insured, and true copies of the liability insurance policies
or certificates of insurance have been received by the Borough.
b.
For the purpose of protecting the Borough of Keyport,
the following types and minimum policy limits are applicable and necessary
for each applicant:
c.
The applicable policies shall contain an endorsement
to provide collision coverage for vehicles in tow and name the Borough
of Keyport as an additional named insured.
d.
Each policy required herein must contain an endorsement
providing a ten-day written notice to the Borough of Keyport in the
event of a material change or cancellation of any policy for any cause
or reason.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
Applicant/licensee is responsible for the inspection and operation
of his equipment and is responsible for providing adequate equipment
in compliance with the requirements of this section, New Jersey Statutes,
Rules and Regulations of the NJ Department of Insurance, and the NJ
Division of Motor Vehicles.
[Ord. No. 27-92; Ord. No. 1-96; Ord. No.
1-08; amended 12-19-2017 by Ord. No. 15-17]
Any license shall require an applicant to provide the maximum
response call time of 20 minutes from 7:00 a.m. to 6:00 p.m. and of
30 minutes from 6:01 p.m. to 6:59 a.m. For the purpose of qualifying
to meet response time requirements of this section, all applicants
shall have towing vehicles and suitable storage facilities located
within three miles of the perimeter of the Borough of Keyport.
[Ord. No. 27-92; Ord. No. 1-94; Ord. No.
1-96; Ord. No. 1-08; amended 12-19-2017 by Ord. No.
15-17]
Each tow truck operator shall maintain for a period of 30 months
accurate records of all calls made, vehicles towed and tow fees. A
written release shall be obtained from the owner of any vehicle before
it is released. The Police Department shall keep current records of
the names, addresses of all persons holding licenses, and the vehicle
identification of each tow vehicle utilized.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
a.
Any person, firm, entity or corporation found guilty
in Municipal Court of the Borough of Keyport of a violation of the
terms of this section shall be subject to one or more of the following
penalties, subject to the discretion of the Municipal Court Judge:
imprisonment in the county jail or in any place provided by the municipality
for the detention of prisoners for any term not to exceed 60 days,
or by a fine not to exceed $1,000, or by a period of community service
not to exceed 60 days.
b.
Except as otherwise provided, each and every day in
which a violation of any provision of this section exists shall constitute
a separate violation. In addition, each violation of this section
shall be considered a separate offense upon each and every day a violation
exists.
[Ord. No. 14-95]
As used in this section, the following terms shall have the
meanings indicated.
The taking of still or motion pictures, either on film, videotape
or similar recording equipment, for commercial or educational purposes,
intended for viewing on television or in theaters or for institutional
use or for advertising purposes.
Any and every public street, highway, sidewalk or square,
public park or playground or other public place within the Borough
which is within the jurisdiction and control of the Borough.
[Ord. No. 14-95]
a.
No person, firm or corporation shall film or permit
filming within the Borough of Keyport without first obtaining a permit
therefor, which permit shall set forth the location of such filming
and the date or dates when filming shall take place.
b.
Permits shall be obtained in the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and shall be accompanied by a permit fee as set forth in subsection 5-14.4 hereof. Incidental use of a public sidewalk or street which does not result in the closing of the street or sidewalk to public use shall not be considered filming on public land.
c.
The permit shall whenever possible, set forth the approved
location of such filming and the approved location of such filming
by specific reference to day or dates.
d.
Where filming takes place on private property, permission
of the owner must be obtained in writing.
e.
One permit shall be required for each location.
[Ord. No. 14-95]
a.
No permit shall be issued for filming at a particular
location in a residential zone within the Borough of Keyport which
would permit filming at said location on more than eight days during
any one calendar year.
b.
No permit shall be issued for filming upon public lands
within the Borough of Keyport unless the applicant for such permit:
1.
Provides proof of insurance coverage as follows: for
bodily injury for any one person in the amount of $500,000, for any
aggregate occurrence in the amount of $1,000,000, and for property
damage for each occurrence in the amount of $500,000.
2.
Agrees in writing to indemnify and save harmless the
Borough of Keyport from any and all liability or damages from the
use of such public lands.
c.
The holder of a permit shall take all reasonable steps
to minimize interference with the free passage of pedestrians and
traffic over public lands and shall comply with all lawful directives
issued by the Keyport Police Department with respect thereto.
d.
The holder of a permit shall conduct filming in such
a manner as to minimize the inconvenience or discomfort to adjoining
property owners attributable to such filming and shall, to the extent
practicable, abate noise and park vehicles associated with such filming
off the public streets. The holder shall avoid any interference with
previously scheduled activities upon public lands and limit to the
extent possible any interference with normal public activity on such
public lands.
e.
The holder of a permit shall take all reasonable steps
to minimize the creation and spread of debris and rubbish during filming
and shall be responsible for removing all equipment, debris and other
rubbish from the filming location upon the completion of filming or
the expiration of the permit, whichever comes first.
f.
Filming shall be permitted only Monday through Friday
between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever
is earlier, in residential zones.
g.
The Borough Clerk may refuse to issue a permit whenever
it is determined on the basis of objective facts and after a review
of the application and a report thereon by the Police Department and
by other Borough agencies involved with the proposed filming site,
that filming at the location and/or the time set forth in the application
would violate any law or ordinance or would unreasonably interfere
with the public's use of public lands, unreasonably interfere
with the use and enjoyment of adjourning properties, unreasonably
impede the free flow of vehicular or pedestrian traffic or otherwise
endanger the public's health, safety or welfare.
h.
Any person aggrieved by a decision of the Borough Clerk
denying or revoking a permit or a person requesting relief pursuant
to paragraph i. may appeal to the Mayor and Council. A written notice
of appeal setting forth the reasons for the appeal shall be filed
with the Borough Clerk. An appeal from the decision of the Borough
Clerk shall be filed within 10 days of the Borough Clerk's decision.
The Mayor and Council shall set the matter down for a hearing within
30 days of the day on which the notice of appeal was filed. The decision
of the Mayor and Council shall be in the form of a resolution. A resolution
supporting the decision of the Borough Clerk or granting relief pursuant
to paragraph i. shall be approved by the Mayor and Council at the
first regularly scheduled public meeting of the Mayor and Council
after the hearing on the appeal unless the appellant agrees in writing
to a later date for the decision. If such a resolution is not adopted
in the time required, the decision of the Borough Clerk shall be deemed
to be reversed and a permit shall be issued in conformity with the
application or the relief pursuant to paragraph i. shall be deemed
denied.
i.
The Mayor and Council may authorize a waiver of any
of the requirements or limitations of this section and may authorize
filming other than during the hours herein described or may extend
the duration of a permit beyond 10 days or may permit filming at a
particular location in a residential zone on more than eight days
during any one calendar year or may waive any other limitation or
requirement of this section whenever it determines that strict compliance
with such limitations will pose an unreasonable burden upon the applicant
and that such a permit may be issued without endangering the public's
health, safety or welfare.
j.
The applicant shall notify the Chief of the Fire Department
24 hours before filming takes place and permit the Fire Department
to inspect the site and the equipment to be used. The applicant shall
comply with all fire safety instructions issued by the Chief of the
Fire Department.
k.
The Borough, in the discretion of the Chief of Police,
reserves the right to require one or more on-site patrolmen in situations
where the proposed production may impede the proper flow of traffic,
the cost of said patrolmen to be borne by the applicant as a cost
of production. Where existing electrical power lines are to be utilized
by the production an on-site licensed electrician may be similarly
required if the production company does not have a licensed electrician
on staff.
[Ord. No. 14-95]
The filming permit fee shall be $500. The permit is good for
a period not to exceed 30 days. The Borough Council has the authority
to waive or reduce the permit fee in cases where the applicant is
a nonprofit or educational organization.
[Ord. No. 14-95]
Any person violating this section or rules and regulations contained
herein shall be subject to a fine not to exceed $500 or imprisonment
for a term not to exceed 90 days, or both.
[Ord. No. 14-95]
The provisions of this section shall not apply to the filming
of news stories within the Borough of Keyport.
[Ord. No. 19-07]
Sidewalk cafes and restaurants may be established for businesses
in the Borough of Keyport. No person, however, shall establish, maintain,
own or operate a sidewalk cafe or restaurant nor serve food, liquor
or other beverages on any public street, sidewalk or alleyway without
first having obtained a license from the Municipal Clerk of the Borough
of Keyport.
[Ord. No. 19-07]
a.
An application for a sidewalk cafe license shall be
available on a form to be issued by the Clerk of the Borough of Keyport.
Once a completed application is received by the Clerk with the appropriate
fee, it shall be forwarded to the Chief of Police, who shall, with
the Zoning Officer and Construction Official, conduct an investigation
into the date contained in the application. Upon completion of the
investigation by the Chief of Police, Zoning Officer and Construction
Official, a report with recommendations shall be provided to the Borough
Clerk for presentation to the Governing Body. The Governing Body,
in its unlimited discretion, shall issue or deny the license. The
Governing Body shall take into consideration the location, potential
interference with pedestrian or vehicular traffic, appropriateness
of design, the business record of the applicant, any proposed structures
to be erected on public sidewalks, public safety, health and welfare
considerations. No license shall be issued until a resolution of the
Governing Body of the Borough of Keyport authorizing the issuance
of a license shall have been adopted by a majority vote of the Governing
Body of the Borough.
b.
For liquor licensed establishments, permission to serve
liquor outdoors shall be made as a separate application to the Borough
Clerk and should be treated as a permanent expansion of the area to
serve liquor and be treated accordingly as a place-to-place transfer
of the liquor license through the Alcoholic Beverage Commission (ABC)
with sole discretion of approval and denial separate from a standard
sidewalk cafe license.
[Ord. No. 19-07]
The applicant, in designing and furnishing the sidewalk cafe
or restaurant, shall be consistent with the local facade ordinance
standards and goals if and when established.
[Ord. No. 19-07]
Any person submitting an application for a sidewalk cafe or
restaurant shall submit an application fee in the amount of $25 with
said application. Should an application be approved by the Governing
Body of the Borough by resolution, as specified in subsection 5-15.2a.,
the applicant shall pay an annual licensing fee of $25.
[Ord. No. 19-07]
Any and all licenses issued pursuant to the terms of this section
shall permit sidewalk cafe operations to begin no earlier than March
1. Any and all sidewalk cafe operations so established shall cease
on 14 business day notice as determined by the Business Administrator
in consultation with the Zoning Officer depending upon weather related
and public safety considerations.
[Ord. No. 19-07]
Any license for a sidewalk cafe issued pursuant to the terms
of this section shall be renewed annually in the discretion of the
Governing Body.
[Ord. No. 19-07]
Any person violating the provisions of this section shall, upon
conviction, be punished in accordance with the penalty ordinance set
forth in the Ordinances of the Borough of Keyport.[1]
[Ord. No. 19-07]
a.
Any person obtaining a license for a sidewalk cafe
or restaurant shall submit, for the protection of the Borough of Keyport
and its representatives, as well as the general public, a comprehensive
policy of liability insurance protecting the licensee and the Borough
of Keyport against any liability whatsoever occasioned by accident
on or about the licensed property or any appurtenances thereto. This
policy shall be written by a good and solvent insurance company or
companies, with a minimum Best Rating of A, authorized to do business
in the State of New Jersey and the limits of liability thereunder
shall not be less than the amount of $1,000,000 in respect to any
one person, and in the amount of $1,000,000 in respect to any one
accident or occurrence.
b.
Prior to the time such insurance is first required
to be carried by the sidewalk cafe license holder and hereafter, at
least 15 days prior to the expiration of any such policy, licensee
agrees to deliver to the Borough Clerk a certified true copy of the
aforesaid comprehensive liability policy naming the Borough of Keyport
as an additional insured and including an endorsement that such insurance
policy may not be modified or canceled except upon 30 days' written
notice to the Borough; the licensee shall also deliver to the Borough
Clerk evidence of payment for the policy. Licensee shall promptly
provide, at the request of the Borough, from time to time, certification
or other proof acceptable to the Borough, that the insurance policy
is in good standing and in full force and effect.
[Ord. No. 19-07]
a.
If the applicant is the holder of any alcoholic beverage control license pursuant to the laws of the State of New Jersey, and has been approved as to subsection 5-15.2a. of this section, alcoholic beverages may be served and/or permitted to be consumed in the outdoor cafe area if otherwise permitted by the Alcoholic Beverage Commission. Any consumption of alcohol within an outdoor cafe authorized by this section, which has been approved as an outdoor cafe, must be consumed by the glass and no alcohol may be consumed directly from the original container. The applicant for a license to be permitted to operate an outdoor cafe must comply and ensure compliance with all other provisions for the Code of the Borough of Keyport pertaining to alcohol and the consumption thereof.
b.
All persons consuming alcohol must be seated at a table.
c.
Each licensee is responsible for keeping the area of
the outdoor cafe and the adjacent sidewalks and streets, free and
clear of any debris or litter occasioned by the cafe. Areas must be
cleaned as needed and by the time that business is closed and at the
beginning of each business day, but not later than 9:00 a.m. Failure
to clean the adjacent sidewalks and streets shall result in a doubling
of the fine under the existing litter ordinance as well as the suspension
of the license issued under this section.
d.
All tables, chairs and equipment must be removed from
the sidewalk area at the close of business each night.
[Ord. No. 3-09]
Any receptacle or container intended for the collection and
temporary storage of donated clothing or other materials.
[Ord. No. 3-09]
Notwithstanding any other provision of the law to the contrary,
no person shall place, use or employ a clothing donation bin in the
Borough of Keyport for solicitation purposes, unless:
a.
The clothing donation 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 (N.J.S.A. 45:17A-18 et seq.)
or the charitable clothing donation bin is owned by a Borough approved
charitable civic organization; and
b.
The registered charitable organization has obtained
a permit for a period of one year issued by the Borough Clerk.
[Ord. No. 3-09]
The annual permit fee shall be $25 per approved bin.
[Ord. No. 3-09]
The application for obtaining a permit shall include:
a.
The location where the bin would be placed, with a
map showing the exact location, including the lot and block, and identification
of the owner of the property; and
b.
The manner in which the person anticipates any clothing
or other donations collected via the bin would be used, sold, disposed,
and the method by which the proceeds of collected donations would
be allocated or spent; and
c.
The name and telephone number of the bona fide office
of any person or entity which may share or profit from any clothing
or other donations collected via the bin, at which such person can
be reached during normal business hours. For the purposes of this
section, an answering machine or service unrelated to the person does
not constitute a bona fide office.
d.
Written consent of the property owner from the location
where the bin would be situated.
[Ord. No. 3-09]
In addition to the above application requirements in subsection 5-16.4, including the annual $25 fee per approved bin renewal applications must include:
a.
The location where the bin is placed, with a map showing
the exact location, including the lot and block, and identification
of the owner of the property, and, if the person intends to move it,
the new location where the bin would be situated after the renewal
is granted, with a map showing the exact location, including the lot
and block, and identification of the property owner and written consent
from the property owner to place the bin on his property; and
b.
The manner in which the person has used, sold, or dispersed
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; and
c.
The name and telephone number of the bona fide office
of any person or entity which have 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, and
d.
The total amount of pounds of the clothing collected
in each bin.
[Ord. No. 3-09]
The following information shall be clearly and conspicuously
displayed on the exterior of the clothing bin:
a.
The permit number and its date of expiration shall
be clearly and conspicuously displayed on the exterior of the clothing
bin; and
b.
The person, or any other entity which may share or
profit from any clothing or other donations collected via the bin,
maintains a bona fide office where a representative of the person
or other entity, can be reached during normal business hours for the
purpose of offering information concerning the person or other entity.
For the purposes of this section, an answering machine or service
unrelated to the person does not constitute a bona fide office.
[Ord. No. 3-09]
a.
The Borough of Keyport shall not grant an application
for a permit to place, use or employ a donation clothing bin if the
Borough determines that the placement of the bin could constitute
a safety hazard.
b.
The Borough of Keyport shall not grant an application
for a permit to place, use or employ donation clothing bin where it
interferes with the vehicular or pedestrian circulation.
[Ord. No. 3-09]
The person or other entity responsible for placing, using or
employing a clothing donation bin shall maintain the area surrounding
the bin such that there shall be no accumulation of clothing or other
donations outside of the bin. The permit holder shall also be responsible
for the sanitary conditions in and around the bin.
[Ord. No. 3-09]
a.
If the Borough receives a complaint about a clothing
bin, the Zoning Officer shall investigate the complaint within 30
days of the filing of the complaint. Whenever it appears to the Zoning
Officer that a person has engaged in, or is engaging in any act or
practice in violation of section 2 of P.L. 2007, c.209 (N.J.S.A. 40:48-2.61),
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified within 45 days the bin will be seized
or removed at the expense of the person who placed the bin, and any
clothing or other donations collected via the bin will be sold at
public auction or otherwise disposed of. The person who placed the
bin shall have the option to request a hearing within 45 days of the
notice of violation, which will be heard before the Planning Board,
acting as the Zoning Board of Adjustment. In addition to any other
means used to notify the person who placed the bin, such warning shall
be affixed to the exterior of the bin itself.
b.
In the event that the person who placed the bin does
not rectify the violation or request a hearing within 45 days of the
posting of the warning, the Zoning Officer may seize the bin, remove
it, or have it removed, at the expense of the person who placed the
bin, and sell at public auction or otherwise dispose of any clothing
or other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the Chief
Financial Officer of the Borough.
[Ord. No. 3-09]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of this
section or the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60
et seq.) which results in seizure of the clothing donation bin shall
be:
a.
Subject to a penalty of up to $20,000 for each violation.
The Borough Administrator may bring this action in the Municipal Court
or Superior Court as a summary proceeding under the "Penalty Enforcement
Law of 1999," P.L. 1999, c.274 (N.J.S.A. 2A:58-10 et seq.). Money
collected through this proceeding shall be paid to the Chief Financial
Officer of the Borough; and
b.
The violator shall be deemed ineligible to place, use,
or employ a donation clothing bin for solicitation purposes pursuant
to this section and P.L. 2007, c.209 (N.J.S.A. 40:48-2.61). A person
disqualified from placing, using, or employing a donation clothing
bin by violating the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60
et seq.) may apply to the Zoning Board to have that person's
eligibility restored. The Planning Board, acting as the Zoning Board
may restore the eligibility of a person who:
