[1991 Code § 197-1]
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 Township, except alcoholic beverage licenses, dog licenses and taxicab licenses and except as may be specified otherwise or provided elsewhere in the Code.
[1991 Code § 197-2; Ord. No. 02-28 §§ I(A), (C)]
a. 
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Township Clerk upon forms provided by the Clerk. Applications shall contain the information specified by resolution of the Township Committee and may include the following along with any other information deemed necessary or specifically called for:
1. 
Name and permanent and local address and telephone number of the applicant. If the applicant is a corporation, the name and address and telephone number of its registered agent.
2. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
3. 
If a vehicle is to be used, its description, including the license number and serial number.
4. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
5. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
6. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
7. 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance, including traffic offenses, and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
8. 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
b. 
Applications by partnerships shall be signed by all partners, with the information required by this section supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this section relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
[1991 Code § 197-3; Ord. No. 02-28 § I(A)]
Each application shall be referred to the Chief of Police or a designee, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity is considered necessary for the protection of the public. The findings shall be communicated in writing to the Township Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant's character, ability or business responsibility is unsatisfactory or the products, services or activity are not free from fraud, the investigator shall disapprove the application and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Township Clerk shall issue the license, provided that the required license fees have been paid, except in cases where approval of the Township Committee is required. In the case of an application for a solicitor's, peddler's or canvasser's license, the license may be issued subject to investigation. In the event of the refusal of the issuance of a license, the applicant may appeal to the Township Committee for hearing. The appeal shall be filed, in writing, with the Township Clerk within 14 days after notification of the refusal. The Township Committee's decision shall be final.
[1991 Code § 197-4; Ord. No. 02-28 § I(C)]
Licenses shall be in a form which the Township Committee shall prescribe by resolution and shall contain the following information:
a. 
The name, address and telephone number 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 and serial number of the vehicle.
e. 
The expiration date of the license.
f. 
Any other appropriate information which the Chief of Police may request and the Township Committee may require by resolution.
[1991 Code § 197-5]
The Township Clerk shall keep a record of all licenses issued by the Clerk. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information as is required in Subsection 4-1.4. 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 new or a renewal and any other information which the Township Committee may require by resolution.
[1991 Code § 197-6; Ord. No. 02-28 § I(A)]
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 the licensee's possession at all times and shall display it upon the request of any Police Officer or any person with whom the licensee is doing business.
[1991 Code § 197-7]
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. In cases where the licensed activity is conducted at a fixed location, licenses may be transferred from place to place but only with the approval of the Township Committee by resolution. The fee for the transfer of license from place to place shall be as provided in Chapter 165.
[1991 Code § 197-8]
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.
[1991 Code § 197-9; Ord. No. 02-28 § I(A)]
a. 
Any license or permit issued by the Township may be revoked by the Township Committee after notice and a hearing for any of the following causes:
1. 
Fraud or misrepresentation in any application for a permit or license.
2. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
3. 
A violation of any provision of this Code.
4. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
5. 
Conduct of the licensed activity, whether by the licensee, or licensee's 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.
b. 
Whenever a license has been issued immediately upon an application pending the results of the investigation provided for by this section, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
[1991 Code § 197-10; Ord. No. 02-28 § I(A)]
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Township 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 the licensee's last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[1991 Code § 197-11; Ord. No. 02-28 § I(A)]
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at the licensee's own expense. The Township Committee 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.
[1991 Code § 197-12; Ord. No. 02-28 § I(A)]
The Township Committee may issue another license to a person whose license has been revoked or denied as provided in this section if after a 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 the licensee, directly or indirectly, shall be issued another license to carry on the same activity.
[1991 Code § 197-13]
The Township Committee 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.
[1991 Code § 160-1]
As used in this section:
CODE
Shall mean printed code regulations or set of regulations, standards or set of standards concerning, affecting or relating to the subject matter of this section which are approved by the State Department of Health and adopted by reference and become part of this section, pursuant to the provisions of N.J.S. 26:3-69.1 to 3-69.6.[1]
COIN-OPERATED OR SELF-SERVICE DRY-CLEANING ESTABLISHMENT
Shall mean those premises wherein devices for the cleaning of textiles, fabrics, garments or other articles by the use of any solvent, other than water, are installed for and used by the general public.
CUSTOMER AREA
Shall mean that portion of the establishment to which the general public is permitted access.
HEALTH AUTHORITY
Shall mean the Board of Health as prescribed by N.J.S. 26:3-1.
MAINTENANCE AREA
Shall mean that portion of the establishment to which the customer is not permitted access and used for general maintenance and storage purposes.
SOLVENT
Shall mean any cleaning fluid which is free of additives to mask the odor, classified by the National Board of Fire Underwriters as nonflammable at ordinary temperatures and not more toxic than the generally accepted threshold limit value for perchlorethylene as promulgated by the American Conference of Governmental Industrial Hygienists.
[1]
Editor's Note: This reference is in the Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962).
[1991 Code § 160-2]
It shall be unlawful for any person to establish, maintain, conduct or operate a coin-operated dry-cleaning establishment in any premises in the Township without a license.
[1991 Code § 160-3]
a. 
In addition to information required in Subsection 4-1.2, the application shall specify the name and address of the owner of the premises if other than the applicant, the number of machines and the type to be installed and maintained in the licensed premises, the manner in which the machines are to be installed and the name of the manufacturer of the machines.
b. 
The application shall be filed with the Township Clerk, in triplicate, and except in the case of an application for the renewal of an existing license, shall be accompanied by five copies of a sketch showing the lot lines, the outline of the building, the floor plan of the premises to be licensed and the location of the machines and equipment to be installed therein, all drawn to scale. A copy of the application shall be forwarded immediately to the Board of Health and Fire Department.
[1991 Code § 160-4; Ord. No. 02-28 § I(A)]
a. 
Investigations. The Township Committee shall thereupon cause all necessary investigations to be made of the premises described in the application for the purpose of determining whether the provisions of this section and of all other applicable laws, ordinances and regulations are fully complied with. If the Township Committee shall be satisfied, after such investigation, that the premises in question conform to the provisions of this section and other applicable laws, ordinances and regulations, it shall so certify to the Township Clerk, who shall thereupon issue a license authorizing the applicant to establish, maintain, conduct or operate a coin-operated dry-cleaning establishment at the place and with the number of machines as designated and specified in the application for and during the period of the license.
b. 
Conformance With Other Municipal Regulations. Health, building, fire and other municipal regulations pertaining to dry-cleaning stores generally shall be applied to those establishments in which coin-operated dry cleaning will be offered.
c. 
Inspections. The Health Authority, Fire Department and other municipal authorities shall inspect establishments as often as they deem it necessary. The permit holder or a representative shall permit access to any portion of the establishment for the purpose of making such an inspection. Regular inspection by an appropriate agency of all safety devices on coin-operated dry-cleaning machines is also required.
[1991 Code §§ 160-5, 165-3; Ord. No. 93-2]
a. 
Before any license shall be issued, the applicant shall pay to the Township an annual license fee of $10 for each machine installed or to be installed in the licensed premises.
b. 
Each license shall expire on December 31 following the date of its issuance, unless sooner suspended or revoked as hereinafter provided. Such license shall not be transferable from person to person or from the location for which it was originally issued to another location.
[1991 Code § 160-6]
The Township Committee may, at any time, for violation of this section or of any applicable law, regulation or ordinance, or such other cause as the Township Committee, upon investigation and after a hearing, deems sufficient, suspend or revoke any license granted under the provisions of this section. Notice in writing of the proposed suspension or revocation and the reason or reasons therefor and of the time and place of a hearing to be held thereon by the Township Committee shall be served upon the licensee either personally or by mail to the business address given in the application at least 10 days prior to the hearing. Whenever any license shall be revoked, no refund of any unearned portion of the license fee shall be made. No license shall be granted to any person whose license has been revoked within a period of two years from the date of such revocation, except in the discretion of the Township Committee.
[1991 Code § 160-7]
No coin-operated dry-cleaning establishment shall be open for business between the hours of 10:00 p.m. and 7:00 a.m. of the following day nor at any time during Sunday.
[1991 Code § 160-8]
a. 
All coin-operated dry-cleaning establishments shall have an attendant on the licensed premises at all times when the premises are open for business or public use. No coin-operated dry-cleaning machine shall be used by the general public except under the continuous, direct supervision of an employee or the owner of the coin-operated dry-cleaning establishment, who shall not be less than 21 years of age and who has previously been examined and certified in writing by the Fire Department as competent to handle such machines.
b. 
No licensee shall permit or allow such machines to be used by any person who is less than 17 years of age. A suitable sign indicating such age restriction must be prominently posted and maintained on the premises.
c. 
All machines shall be fitted with a device which will prevent the opening of the door of any such machine while the machine is in operation and until all solvent vapors have been removed from any textile, fabric, garment or other article and from the drum in which the same shall be placed.
d. 
In the event that any chlorinated or fluorinated hydrocarbon is a component part of any solvent used in a coin-operated dry-cleaning machine, then such machine shall not be used if the odor of any chlorinated or fluorinated hydrocarbon is masked or watered in any fashion or if the concentrations of solvent vapor of such chlorinated or fluorinated hydrocarbon are greater than 40 parts of such vapor to 1,000,000 parts of air at any time and anywhere from the machines or appurtenant equipment.
e. 
In any establishment, solvent storage tanks, power boxes and other sources of danger shall be so situated as to be inaccessible to the general public and patrons of the establishment and shall be kept in a place that is properly ventilated.
f. 
Spotting operations utilizing flammable liquids shall not be permitted in this type of occupancy.
g. 
Only the front or customer side of dry-cleaning machines shall be exposed in the customer area. The working or maintenance portion of the equipment shall be separated from the front of the machines by a solid partition. Access doors to the enclosure back of the machines shall be kept closed and locked. The enclosure for the dry-cleaning machines shall not be a part of or interconnected with those areas that contain heating devices requiring air for combustion, such as dryers, water heaters and boilers.
h. 
An exhaust system shall be provided for the removal of toxic vapors. Such exhaust system shall consist of the individual exhaust on each dry-cleaning machine, scavenger ducts strategically located, exhaust fans for the enclosure behind such machines and the front grill of loading door air intakes on each machine.
i. 
The central exhaust ventilating system for dry-cleaning machines as described above shall be operated continuously while the premises are open to the public. The vapor removal system shall be interlocked with the dry-cleaning machines so that the latter cannot be operated without actuating the exhaust system. The manifolded exhaust system shall exhaust to the outside, not terminate within 25 feet of any building opening, not expose the passing public and be located as remotely as possible from applicant air intakes. In addition to the individual exhaust for the vapor from each machine, a scavenger duct shall be provided for each two machines to pick up vapors surrounding the equipment near the floor. The suction of these scavenger pipes shall be located two inches to four inches above the floor. A general ventilation fan shall also be installed within the rear enclosure of such machines to be used in case of serious solvent spill. Each machine shall be designed so that when the machine is not in operation, air is drawn through the front door or grill of the machine at a face velocity of at least 100 feet per minute.
j. 
Provisions must be made for makeup air to compensate for that which is exhausted to the outside.
k. 
The machines shall be provided with some satisfactory means to limit vapor accumulation and to salvage the solvent resulting from a spill due to an accident or failure of equipment, such as by diking the entire system with a four inch cement curb along with a lead pan on the floor which will contain the solvent and drain it to an underground tank where it can be recovered. When an underground tank is not feasible, the curbed area shall be provided with a sump pump that will pump the solvent to an aboveground tank.
l. 
All establishments shall have two exits which shall be at least 25 feet apart from each other and shall lead directly to the outside.
m. 
Filter residue and other residues containing solvent shall be disposed of so as not to create a health hazard or nuisance. A locked, covered metal container shall be used for temporary storage outside the building.
n. 
All direct equipment exhausts or vents shall be provided with mesh lint arrestors which shall be kept clean unless lint traps are provided on the dry-cleaning unit. All exhausts shall be under static pressure by reason of mechanical fan.
o. 
The customer area shall be equipped with fire extinguishers approved for use against electrical or oil fires by the National Board of Fire Underwriters and the Fire Department.
p. 
Each day or after the specified number of cycles recommended by the manufacturer, dry-cleaning machines shall be serviced, including but not limited to:
1. 
Adding "charged" solvent to restore the main supply.
2. 
Cleaning the button trap and the lint bag, trap or screen.
3. 
Cleaning the tank sump and removing the sludge.
4. 
Adding filter aids to dispersers.
5. 
Resetting the cycle counter, if one is provided.
6. 
Emptying the water from the separator.
q. 
All installations shall be equipped with a water-conserving device for recirculating the water used in the dry-cleaning operation. No water shall be discharged into the sanitary sewerage system of the Township.
r. 
Separate rooms or compartments for the sexes, devoted exclusively to toilet facilities, shall be provided within the licensed premises.
s. 
All machines shall be checked daily and kept in good repair by the licensee. All maintenance personnel shall be familiar with all necessary machinery repairs and instructed as to the solvent hazards.
t. 
Dry-cleaning filter sludge may not be disposed of in leaching fields.
u. 
Coin-operated dry-cleaning plants shall utilize only solvents classified as nonflammable or as nonflammable at ordinary temperatures and uses.
v. 
No gas flame heater or gas flame may be used near the cleaning solvent.
w. 
The exhaust system must make eight complete changes of air every hour.
x. 
The total exhaust capability of all exhaust devices used shall have a minimum capacity of 400 cubic feet per minute per machine for normal use and 1,000 cubic feet per minute for emergency use, unless the manufacturer of the dry-cleaning machines requires a higher minimum capacity. The rated capacities of the exhaust fans shall appear on the equipment or its nameplate.
y. 
Only the solvent specified by the equipment manufacturer shall be used. All solvents shall be stored in closed containers.
[1991 Code § 160-9]
a. 
All establishments shall prominently display lighted indoor signs warning the general public of the danger of excessive solvent vapor inhalation and skin irritation from unevaporated dry-cleaning solvent.
b. 
A step-by-step, readily legible instruction list for operation of machines shall be posted in a conspicuous location near the machine in the customer area. These instructions shall include a list of items not to be dry-cleaned in coin-operated or self-service dry-cleaning machines, such as those made in part or completely of plastic, rubber, leather, paper, fur, angora or urethane. Each establishment shall post in a conspicuous location readily visible from the outside of premises the telephone number or numbers to be called in the event of an emergency.
[1991 Code § 160-10]
A respirator approved by the United States Bureau of Mines and the Fire Department as affording protection against organic solvent vapors shall be provided for and used by maintenance personnel during correction of leakages, cleaning of the system, removal of lint and muck bags and at all times when the odor of solvent is noticeable.
[1991 Code § 179-1]
No person shall install or maintain any gasoline tank or pump for the purpose of selling or exposing for sale any gasoline or similar motor fuel without first obtaining a license from the Township Committee.
[1991 Code §§ 179-2, 165-3; Ord. No. 93-2; Ord. No. 02-28 § I(C)]
a. 
All persons who now operate or maintain any gasoline pump and appurtenances as described in the foregoing section or who may hereafter desire to erect, install or maintain any such gasoline pump or pumps shall make application in writing to the Township Clerk for a license so to do. The application shall set forth the name and address of the applicant and a description of the premises upon which the applicant proposes to maintain such pump or pumps and shall be accompanied by a sketch showing the proposed location of the tanks supplying the pumps. Each application shall be accompanied by the license fee.
b. 
The Township Clerk shall turn over all of the applications to the Township Committee at the next meeting for its consideration.
[1991 Code § 179-3; Ord. No. 02-28 § I(C)]
The applications shall be referred to the Public Safety Committee for investigation and report, and it shall be the duty of such Committee to ascertain whether or not the application, if granted, will increase the fire hazard or unduly interfere with traffic movements or otherwise tend to injuriously affect the public health and safety of the Township in the neighborhood wherein the pumps are proposed to be erected and maintained.
[1991 Code § 179-4; Ord. No. 02-28 § I(A)]
Wherever it is proposed to supply the gasoline pumps by underground tanks, the tanks shall be located within the property lines of the premises owned or occupied by the applicant and shall be placed at a safe distance and at a safe depth from the buildings located on the premises or on the adjacent premises. To this end, no tank shall be covered until the same has been inspected by the Construction Official and approval obtained.
[1991 Code §§ 179-5, 165-3; Ord. No. 93-2]
The fee for a license or any renewal thereof shall be $20 per pump.
[1991 Code § 179-6; Ord. No. 02-28 § I(C)]
Upon approval by the Township Committee of any application made hereunder, the Township Clerk shall issue to the applicant a license to erect, install or maintain such gasoline pumps and shall thereupon turn over to the Township Treasurer the license fee.
[1991 Code § 179-7]
a. 
All operations of the licensee shall be confined wholly to the licensed premises. For the purpose of this section, operations of the applicant shall be construed to include not only the sale or dispensing of gas, oil, fuels or other services customarily dispensed or furnished by the licensee, but also shall include and extend to those vehicles, unaccompanied by a licensed driver, which are waiting to receive any service from the licensee, and to the vehicles which have received such services from the licensee but have not yet returned to the custody of the customer.
b. 
Nothing contained in this section shall be construed to prohibit or make unlawful the rendering of road service by the licensee to vehicles which, because of a mechanical breakdown or other condition of such vehicle, are rendered unfit for self-propulsion.
[1991 Code § 179-8; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1991 Code §§ 165-3, 206-1 through 206-4; New; amended 4-4-2017 by Ord. No. 2017-05]
No person shall own, operate or maintain a hotel, tourist camp, motel or motor lodge or any other establishment, by whatsoever name designated, for the accommodation and lodging of transients, without first having obtained license from the Township Committee.
[Amended 12-18-2018 by Ord. No. 2018-24]
Application for such license, to be known as a "motor court license," shall be made to the Township Committee in writing and shall specify the location and number of units to be included therein and shall be accompanied by evidence that approval of the Board of Health and Department of Engineering, Construction Services and Code Enforcement, including the Construction Bureau, of the Township has first been obtained.
The fees for the issuance of a motor court license shall be $40 per unit.
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 2010-21, 2011-27, 2014-13.
[Ord. No. 2015-20]
Definitions used in this section:
COMMERCIAL VEHICLE
Shall mean, regardless of weight, any bus, step van, cargo van, tow truck, dump truck, box truck, bulldozer, back-hoe, taxi, limousine, or motor home; or any vehicle or trailer used for commercial purposes, regardless of registration; or any vehicle displaying commercial advertising or external equipment.
[Ord. No. 2015-20]
Any resident seeking to park a commercial vehicle in a residential zone or on any residential property located in any zone, and not in his or her private garage, must obtain a commercial vehicle permit from the Township. The applicant shall be required to complete a Township-approved application on file with the Township Clerk's office. The application shall be accompanied by an application fee of $100. The application shall be supported by the following documentation: (i) proof that the vehicle is registered in a State of the United States; (ii) a photograph of the commercial vehicle; and (iii) proof that the resident either owns or has the legal right to drive/utilize the commercial vehicle.
[Ord. No. 2015-20]
Upon receipt by the Township Clerk of a properly completed application, the Township shall serve a form on each property owner located within 200 feet in all directions from the applicant's property inquiring as to whether said property owner consents or objects to grant of the application. All responses shall be considered personal information of the respondent and remain confidential and not subject to disclosure.
[Ord. No. 2015-20]
Upon submission of the completed application and upon receiving all surrounding property owner responses, and provided that all property owners consent, the applicant shall be granted a commercial vehicle permit as discussed in Subsection 4-5.5 below. If the Township Clerk finds that the applicant has failed to submit the documentation required with the permit application, the Township Clerk shall deny such commercial vehicle permit.
[Ord. No. 2015-20]
a. 
Upon approval of the applicant's permit by either the Township Clerk or Township Committee, the applicant shall be required to pay a permit fee of $75 for the issuance of a permit sticker. Each permit sticker is valid for a period of one year. The permit may be renewed annually, no later than September 1, with a payment of a fee of $75. The permit fee will be pro-rated for applicants that apply for a permit after March 1. Said sticker must be permanently affixed to the front windshield of the commercial vehicle and is not transferable to another vehicle or property. A new permit application must be filed every five years and such application must meet the requirements of all sections of this ordinance.
b. 
Only one commercial vehicle permit shall be issued for any property.
c. 
The enforcing entity of this section shall be the Township Zoning Officer or the Director of the Department of Engineering, Construction Services and Code Enforcement.
[Amended 12-18-2018 by Ord. No. 2018-24]
[Ord. No. 2015-20]
Any person who shall violate any provision of this section or shall fail to comply with any of the requirements hereof shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1991 Code §§ 165-3, 225-1; Ord. No. 2002-14; Ord. No. 02-23; Ord. No. 2010-12]
No person except as provided herein shall: canvas, solicit, peddle or hawk on the public streets or highways or upon other public lands; call from house to house or from door to door soliciting money, selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description whatsoever; or go from door to door for the purpose of obtaining contributions, orders, subscriptions, making canvasses or surveys, or other solicitation.
[1991 Code §§ 165-3, 225-1, 225-2; Ord. No. 2002-14; Ord. No. 2010-12]
Except as hereafter provided, no person shall engage in any of the herein regulated activities within the Township unless such person shall first obtain a license and identification card.
[1991 Code §§ 165-3, 225-1; Ord. No. 2002-14; Ord. No. 2010-12]
Application for an identification card shall be made to the Township Clerk and shall include sufficient information to establish each applicant's identification, including, but not limited to driver's license number, social security number, current address and telephone number. Such applicants shall also set forth the purpose of the solicitation, any motor vehicle to be used in the solicitation, including license numbers, as well as the hours of solicitation, duration of solicitation, including the date same shall begin and end, and the complete name of the organization represented if any. The Township Clerk shall issue an identification card for each person whose identity has been appropriately established. The identification card shall be prominently displayed on front of the outermost garment of the individual at all times when such person is engaging in any of the herein regulated activities.
[1991 Code §§ 165-3, 225-1; Ord. No. 2002-14; Ord. No. 2010-12]
If the organization for which the individual is soliciting is a nonprofit, civic, charitable, religious or other such organization, the fee shall be $5 for each application, payable at the time of application. Proof of nonprofit status may be required. For all other persons, the fee shall be $25 for each application, payable at the time of application.
[1991 Code § 225-2; Ord. No. 2002-14; Ord. No. 2002-20; Ord. No. 2010-12]
Any persons representing organizations sponsored by the Township of Springfield; candidates for election to any municipal, County, State or national office, candidates for election to any board of election, and persons assisting such individuals for election; and, any civic organization, while soliciting in uniform, are exempted from this section. Also exempt are all persons engaged in religious proselytizing, political speech or the distribution of political pamphlets.
[Ord. No. 2002-14; Ord. No. 2010-12]
Upon written request to the Township Committee, a waiver of the requirements and fees set forth herein may be granted to any organization or person eligible for the $5 fee level, if none of the organization's activities will take place door-to-door or house-to-house, and all persons participating will wear identification badges from the organization. Any such waiver request must include a comprehensive list of all persons who will be participating in the activity, a complete listing of all dates, times and locations for all activities, and a statement that permission has been received by the organization from any private business upon which the activities will be located.
[Ord. No. 2010-12]
The Township Clerk shall maintain a "No Knock List," a copy of which shall be provided to all persons or organizations required to register pursuant to this section. All residents of the Township may register their name, address and/or unit/apartment number with the Township Clerk to be placed on the "No Knock List," indicating that they do not want persons so registered to approach their homes and/or seek personal contact with the occupants of the registered home. Except for those persons, organizations or entities exempted under Subsection 4-8.5 of this section, it shall be unlawful for any peddler, panhandler or solicitor to approach or seek personal contact with the occupants there if that residence is registered on the "No Knock List." Registration on the "No Knock List" shall expire five calendar years following the end of the calendar year of registration, unless renewed by notifying the Township Clerk accordingly.
[Ord. No. 2002-14; Ord. No. 2010-12]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1991 Code § 279-1]
As used in this section:
USED MOTOR VEHICLE
Shall mean every motor vehicle, title to or possession of which has been transferred from the person who first acquired it from the manufacturer or the manufacturer's dealer.
USED MOTOR VEHICLE DEALER
Shall mean a person engaged in the business of selling, buying or dealing in used motor vehicles.
[1991 Code § 279-2; Ord. No. 02-28 § I(A)]
No person shall engage in the business of selling, buying or dealing in used motor vehicles within the Township unless such person shall first obtain a license to engage in such business upon the premises described in such license.
[1991 Code § 279-3]
Application for a license shall be made in writing, addressed to the Township Committee, on forms approved by it. It shall be signed by the applicant if an individual; by a partner if a partnership; or if a corporation, by a duly authorized officer thereof. The application shall contain the name of the applicant and the premises from which the business is to be conducted, identifying the same by street number and by a specific description, giving the dimensions thereof. The application shall be accompanied by the licensee fee hereinafter prescribed and by a motor vehicle dealer's license issued by the Motor Vehicles Commission.
[1991 Code §§ 279-4, 165-3; Ord. No. 93-2]
The annual fee, imposed for revenue purposes, shall be as follows:
Used car lot fee set by lot size
Less than 5,000 square feet
$225
5,000 to 7,500 square feet
$325
7,501 to 10,000 square feet
$425
10,000 square feet and over
$525
[1991 Code § 279-5; Ord. No. 02-28 § I(C)]
The license shall abide by and comply with the following regulations:
a. 
All the requirements of N.J.S.A. Title 39, as amended and supplemented, and all statutory requirements with respect to the purchase, sale and transfer of motor vehicles and the business of buying, selling or dealing in motor vehicles in this State.
b. 
Establish and maintain, either upon the premises on which the licensed business is conducted or upon premises adjacent thereto owned or controlled by such licensee, a permanent building equipped with toilet facilities installed therein complying with the provisions of the Sanitary and Plumbing Codes of the Township.
c. 
The surface of the premises on which the licensed business is conducted shall be completely covered by a hard-surfaced pavement with adequate drainage facilities to the street.
d. 
No motor vehicle shall be parked on such premises nearer than four feet to any frame building.
e. 
No business shall be conducted on such premises between the hours of 10:00 p.m. and 8:00 a.m., and such premises shall be closed during such hours.
f. 
At all times maintain order within such premises; refrain from creating or allowing undue noise therein; prevent smoke or dust from escaping from the premises so as to constitute a public or private nuisance; and keep such premises in as neat and orderly a condition as the nature of the business will allow.
g. 
Keep the license posted in a conspicuous place in the place of business maintained as herein required.
h. 
All cars shall be parked wholly within the boundaries of the licensed premises. No car shall be parked on a street frontage not declared in the application for which the license is issued. No car shall be parked so as to encroach on or over the line of the street. The boundaries of the licensed premises, other than the boundaries on the declared street frontage, shall, where not otherwise clearly indicated, be marked with a white line at least four inches in width or other appropriate indication, placed in front of the setback or building line established by the ordinances of the Township.
[1991 Code § 238-1; Ord. No. 02-28 § I(C)]
As used in this section:
FIRE AND OTHER ALTERED GOODS SALE
Shall mean 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.
GOING-OUT-OF-BUSINESS SALE
Shall mean 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.
GOODS
Shall mean any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
REMOVAL-OF-BUSINESS SALE
Shall mean a sale held out in such 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 or 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.
[1991 Code § 238-2; Ord. No. 02-28 § I(C)]
a. 
A license issued by the Township Clerk, bearing a license number and the date on which the license was issued, must be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds, as herein defined:
1. 
Going-out-of-business sale.
2. 
Removal-of-business sale.
3. 
Fire and other altered goods sale.
b. 
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 Township, his or her heirs, devisees, legatees or representatives shall have the right to apply at any time for a license hereunder.
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.
[1991 Code §§ 238-3, 165-3; Ord. No. 93-2; Ord. No. 02-28 §§ I(A), (C)]
a. 
Written Information. A person desiring to conduct a sale regulated by this section shall make a written application under oath to the Township Clerk, setting forth and containing the following information:
1. 
The true name and address of the owner of the goods to be sold.
2. 
A description of the place where such sale is to be held.
3. 
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
4. 
The dates of the period of time, not in excess of 30 days, in which the sale is to be conducted.
5. 
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.
6. 
The means to be employed in advertising such sale, together with the proposed content of any advertisement.
7. 
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 or, if not purchased, the manner of such acquisition. The inventory shall be attached to and become a part of the application required under this section. The inventory shall be signed by the person applying for the license or by an authorized agent, and by affidavit at the foot thereof the applicant or such agent shall swear or affirm that the information therein given is full, complete and true and is known by such affiant to be full, complete and true. No goods other than those 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 manufacturer, 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 the 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. The 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.
b. 
Record of Applications and Licenses. All applications for license shall be kept on file by the Township Clerk and a record shall be kept by him of all licenses issued upon such applications.
c. 
License Fee. Any applicant for a license hereunder shall submit to the Township Clerk, with the application for license, a license, fee of $50, or a renewal fee of $25.
[1991 Code § 238-4; Ord. No. 02-28 § I(C)]
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 Township Clerk may 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 Township Clerk finds that facts exist justifying the license renewal; that the licensee has filed a written application for the 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 section, 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 herein.
c. 
Salable Goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
[1991 Code § 238-5; Ord. No. 02-28 § I(C)]
Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the Township 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.
[1991 Code § 238-6]
No license herein provided for shall be assignable or transferable.
[1991 Code § 238-7; Ord. No. 02-28 § I(A), (C)]
The Township Clerk, or a designee, may 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 such person 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 Township Clerk or such designee for that purpose all the facts connected with the stock on hand or the proper information respecting goods sold or any other information that may be required in order to make a thorough investigation of all phases connected with the sale.
[1991 Code § 238-8; Ord. No. 02-28 § I(C)]
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 publications or other advertising, include therein the number and date of the license issued by the Township Clerk.
c. 
Adhere to advertising; conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.
d. 
Keep a 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 the Conclusion of the Sale. The licensee of a going-out-of-business sale shall not continue the business beyond the date specified for the sale and shall not, upon conclusion of the sale, continue the business under the same name or under a different name in the same location or elsewhere in the Township.
[1991 Code § 238-9]
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.
[1991 Code § 238-10]
As used in this section:
GARAGE SALE
Shall mean the casual sale of items of tangible personal property from premises used principally for residential purposes and located in a residential zone as set forth in the Zoning Ordinance of the Township of Springfield, and shall include sales commonly known as "garage sales," "attic sales," "rummage sales" and any similar casual sale of tangible personal property.
[1991 Code § 238-11]
Except as may be provided herein, no person shall conduct, operate or allow operation of a garage sale at or on premises owned, rented by or under the control of such persons.
[1991 Code §§ 238-12, 165-3; Ord. No. 93-2; Ord. No. 95-19A; Ord. No. 2007-25 § I(D)]
Any person desiring to conduct a garage sale in the Township must file with the Township Clerk an application for a garage sale permit. The fee for such permit shall be $10.
[1991 Code § 238-13]
The permit shall be issued for any residence only twice within a twelve-month period.
[1991 Code § 238-14]
Each permit issued under this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the sale.
[1991 Code § 238-15]
a. 
The application for the permit shall include the following:
1. 
Name of the person conducting the sale.
2. 
Name of the owner of the property on which the sale is to be conducted.
3. 
Street address and apartment number, if any, of the location at which the garage sale is to be conducted.
4. 
Date or dates of sale.
5. 
Date of any past garage sales, if any.
b. 
Intentional misstatements in the application shall be a violation of this section.
[1991 Code § 238-16]
All garage sales shall be limited to two days' duration, and all garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
[1991 Code §§ 238-17, 165-3; Ord. No. 93-2]
All persons are prohibited from erecting signs other than those signs provided by the Township. The signs shall be made available by the Township and shall be uniform in size and form 12 inches by 12 inches, and must be purchased from the Township for a fee of $1. The signs shall have a space allotted thereon upon which shall be placed the name and address of the person running the sale, and the signs shall be removed within 24 hours after completion of the sale.
[1991 Code § 238-18]
The provisions of this section shall not apply to or affect the following persons, parties or sales:
a. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
[1991 Code § 238-19]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1991 Code § 147-1; Ord. No. 91-25]
It is the purpose of this section to provide a procedure by which persons may be allowed to sell and store Christmas and other cut evergreens on a temporary basis during the pre-Christmas season and to provide for adequate control over such temporary establishments in order to protect the public health, safety and welfare and to make provision for proper cleanup after the cessation of such temporary operation.
[1991 Code § 147-2; Ord. No. 91-25]
No individual, partnership, corporation or other legal entity shall engage in or carry on the business of sale or storage of cut evergreens on a temporary basis without first obtaining a license for that purpose from the Zoning Officer. This section shall not apply to nursery and commercial greenhouse uses. It is the intention of this section that licenses shall only be required for the sale or storage of cut evergreens on a temporary basis on premises which are not normally devoted to that use or a related-type use. The obtaining of a license pursuant to this section shall not relieve the applicant of its obligation to obtain any other required permits, including electrical, from the appropriate governmental agency.
[1991 Code § 147-3; Ord. No. 91-25]
All applicants shall provide the Zoning Officer with a survey of the property showing the area from which the trees are to be sold, shall state the full name and address of the applicant and, if a partnership, corporation or other legal entity, the names and addresses of all partners, officers, directors or shareholders as may be applicable to the particular legal entity, the maximum number of trees proposed to be stored at any one time and a description of any and all articles proposed to be sold at the location. Each applicant shall provide a written consent from the owner of the property.
[1991 Code § 148-4; Ord. No. 91-25]
a. 
The Zoning Officer may deny the application or cause the revocation of any license for any of the following reasons:
1. 
That the location and use of the property covered by the application does not conform to all applicable ordinances of the Township, including this section.
2. 
That the applicant or property owner has failed to comply with the provisions of this section in prior years.
3. 
That the operation of the enterprise is likely to adversely affect the public health, safety or welfare.
4. 
That the proposed use on the property in question is likely to create a nuisance to nearby property owners and tenants.
b. 
Temporary structures or occupiable and habitable trailers shall be required to be provided with suitable protection and fire-suppression devices as deemed necessary by the Fire Department. Sleeping in trailers is not allowed.
[1991 Code § 147-5; Ord. No. 91-25]
The applicant shall, at the time of the filing of the application, pay a permit fee of $100. In addition, upon issuance of a permit, the applicant shall deposit with the Zoning Officer the sum of $150 to guarantee the removal and cleanup of any rubbish, including signs, trash and debris left on the property or in the vicinity thereof, after termination of the license. In the event that cleanup by the applicant or the owner is not completed by January 1 of the year following the year the license is issued, the applicant/licensee shall forfeit the deposit of $150, and the applicant/licensee, as well as the property owner, shall be subject to the penalty provisions of this section. However, notwithstanding anything to the contrary herein, if the applicant has a nonprofit, charitable organization designation by the Internal Revenue Service, the permit fee shall be waived.
[1991 Code § 147-6; Ord. No. 91-25]
No license shall be issued for a period longer than 61 days, and all licenses shall expire on December 31 of the year in which issued.
[1991 Code § 147-7; Ord. No. 91-25]
a. 
No trees or cut evergreens shall be stored within 50 feet of any frame structure located on adjoining property not owned by the licensee or property owner on which sale or storage is being conducted. No trees shall be sold from a residential zone.
b. 
No trees or cut evergreens shall be placed upon any sidewalk or area designated as a fire lane.
c. 
No trees or cut evergreens more than two feet high are to be placed upon that portion of a corner lot which is closest to the intersection of the bounding street lines to a straight line drawn between the two points measured 15 feet along each such street line from the intersection of those two street lines.
d. 
No trees or cut evergreens shall be stored or sold on which there is residential use as a principal, mixed accessory use.
e. 
The sale and storage of poinsettias, as well as plant trees or shrubs other than evergreens and cut evergreens, are not governed by this section.
f. 
Off-street parking for at least five vehicles shall be maintained.
g. 
Only one sign shall be permitted on the site, and the sign shall not exceed 10 square feet in area. No sign shall be of a type that flashes, rotates or moves or which incorporates moving components. Such signs and their supports shall be at least 10 feet from the building or structure and 10 feet from any side rear lot line and shall be located back from the side line a distance equal to not less than the height of the sign above the ground. No sign shall be on the State or County right-of-way. Electrical permits shall be obtained and inspections requested.
[1991 Code § 147-8; Ord. No. 91-25]
a. 
Any person aggrieved by a decision of the Zoning Officer in reference to the issuance, nonissuance or revocation of a license may appeal such decision to the Township Committee by notifying the Township Clerk of the intent to appeal within 10 days of the applicant's receipt of the Zoning Officer's decision.
b. 
However, any sales during the appeal period shall be expressly prohibited. The Township Committee will then schedule a hearing on such appeal, at which time the applicant may present evidence to establish the ground for the appeal. The appeal shall be decided by a majority vote of the Township Committee, and the decision shall be final.
[1991 Code § 147-9; Ord. No. 91-25]
The provisions of this section shall be enforced by the Zoning Officer.
[1991 Code § 147-10; Ord. No. 91-25]
Any applicant or property owner who violates any provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1991 Code § 138-1; Ord. No. 2012-03; amended 4-24-2018 by Ord. No. 2018-07]
a. 
The provisions of the Statutes known as the "Bingo Licensing Law," N.J.S.A. 5:8-24 et seq., and the "Raffles Licensing Law," N.J.S.A. 5:8-50 et seq., and the amendments thereof and supplements thereto, are hereby adopted and are operative within the Township and shall govern the licensing, holding, conduct and operation of specific kinds of games of chance as are defined and restricted in such Statutes.
b. 
The Municipal Clerk is authorized to approve and deny bingo and raffle license applications, and to approve or deny amendments to such issued licenses. All other duties and responsibilities vested in the Township Committee and the Municipal Clerk shall remain as set forth in the Bingo Licensing Law, Raffles Licensing Law and applicable regulations.
[1991 Code § 138-2; Ord. No. 99-21 § 1[A]; Ord. No. 02-19; Ord. No. 2012-03]
a. 
Organizations Eligible for License. No license to conduct a game of chance as authorized by law shall be issued to any organization not having a bona fide situs established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes as defined by the Rules and Regulations of the Legalized Games of Chance Control Commission.
b. 
Games of Chance During Elections Prohibited. No game of chance shall be conducted under any license at any time during which a general, municipal, primary or special election or board of education election is being held, while the polls are open for voting at the election.
c. 
Compliance With Statute. Licenses shall at all times be governed by and comply with the Statutes, rules and regulations referred to in Subsection 14-19.1.
d. 
Sunday Games of Chance. Any organization duly licensed to hold and operate legalized games of chance under the provisions of N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq. is authorized pursuant to N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58 to hold, conduct and operate games of chance in the Township on Sundays.
[Ord. No. 95-19A; Ord. No. 99-21 § 1[B]; Ord. No. 06-24 § I(B); Ord. No. 2012-03]
The following local fees shall be paid, in addition to State fees collected pursuant to statute and administrative rule.
Bingo (per occasion)
$20
On-premises draw raffle (total prize value exceeding $400)
$20
Off-premises draw raffle (per $1,000 or part)(awarding merchandise prize)
$20
Off-premises cash raffle
Application fee
$20
Prize fee (per $1,000 or part)
$20
All other licenses
In an amount equal to the fees payable to New Jersey
Fingerprinting (local administrative fee)
$20
[1991 Code § 130-1]
As used in this section:
AMUSEMENT OR ENTERTAINMENT MACHINE OR DEVICE
Shall mean any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disk or key into a slot, crevice or other opening, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, and shall include, without limitation, such devices as marble machines, pinball machines, skill ball, mechanical games or video games, bagatelle, mack tables, Ballyho devices, high score tables and any and all operations, transactions or mechanical devices similar thereto by whatever name they may be called.
LICENSED PREMISES
Shall mean the entire premises, including, without limitation, all buildings, auxiliary buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities, owned or controlled by the operator or owner-operator.
NET FLOOR AREA
Shall mean the gross floor area of the licensee's premises less deductions for counter space areas, storage areas, shelving areas, aisle areas, bathrooms, areas of ingress or egress, office space and other areas which are not intended or held out for public use. The Construction Code Official shall determine the maximum number of square feet in each prospective licensed premises subject to this section.
OPERATOR
Shall mean any natural person, partnership, firm, association, corporation or any other business entity which owns or controls a premises or a location within the Township in which any amusement or entertainment machine or device is displayed for public patronage or is placed or kept for operation by the public.
[1991 Code § 130-2]
a. 
No additional machine is to be placed on any premises, other than the numbered licensed machines, until such additional machine has been approved and licensed in the office of the Township Clerk.
b. 
Any person, firm, association, club or corporation violating the provision of this section shall, upon conviction thereof, be subject to a fine not exceeding $100 for each machine not licensed.
c. 
If a second offense occurs in the same establishment, the license of that establishment shall be revoked for a period of one year.
[1991 Code §§ 130-3, 165-3; Ord. No. 93-2]
An annual license fee of $250 shall be charged for each coin-operated amusement device or game of similar nature as defined in Subsection 4-20.1. The license, when issued, is to be displayed under glass in a visible place in the establishment.
[1991 Code § 130-4]
The license fee shall be paid at the time when the application is made to the Township Clerk. All licenses shall run for a period of one year from January 1 through December 31.
[1991 Code § 130-5]
Upon making application for the license, each applicant shall give in writing to the Township Clerk the name and address of the person, firm or corporation who owns the coin-operated amusement device set forth in this section, and if during the term of the license the ownership of such licensed device is changed, the licensee shall forthwith furnish the Township Clerk with the name and address of the new owner.
[1991 Code § 130-6]
Any person who shall knowingly permit a person under the age of 16 years to play or operate any of the machines or devices licensed under this section during the school hours on any weekday that the Township public schools are in session shall be guilty of a violation of this section and punishable therefor as herein provided.
[1991 Code § 130-7]
There shall be permitted not more than one amusement or entertainment machine or device as defined in this section for each 100 square feet of net floor area as the same is defined herein, provided that under no circumstances shall a number of machines be permitted that shall exceed 30% of the net floor area of the licensed premises as defined herein. The Construction Code Official shall determine the maximum number of square feet in each prospective licensed premises which is subject to this section.
[1991 Code § 130-8]
No licensee of amusement or entertainment machines or devices shall operate or cause to be operated any such machine or device within the Township without first having obtained from the Township Clerk a license so to operate.
a. 
Application for the license shall state the following:
1. 
The name, date and place of birth, home address and business address, home telephone number and business address and telephone number of the applicant and each of its stockholders, officers and directors holding in excess of 10% of its stock.
2. 
The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
3. 
The name, date and place of birth, home address and home telephone number of the manager or other authorized agent of the applicant who shall be in charge of or conduct the business of the applicant within the Township.
4. 
The type, manufacturer, serial number and precise location of each amusement or entertainment machine or device sought to be operated.
5. 
If the applicant is a corporation, there shall be included a corporate resolution in proper form authorizing the execution of the license application on behalf of the corporation.
b. 
The application shall contain a certification under oath, made by the applicant or its authorized representative, that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.
c. 
The application must contain the total number of square feet to which the applicant customarily invites or permits the public to occupy and use, but shall not include any area used for storage, office, kitchen, counter space, walks, alleys, drives, parking facilities or such other areas to which the public has no access.
d. 
A sketch or plan of the proposed licensed premises shall be attached to the application.
e. 
The application must be accompanied by a certification from the Fire Department that the premises occupancy load has been calculated and posted in accord with the State Uniform Construction Code.
[1991 Code § 130-9]
Every license issued hereunder is subject to revocation by the Township Clerk should the licensed operator distribute or operate any amusement or entertainment machine or device contrary to the provisions of this section or any other law, ordinance, rule or regulation or fail to cooperate fully with any enforcement officer or agency. Any material misstatements or omission in the license application or in any information submitted therewith or the failure to notify in writing the Township Clerk of any changes by addition or deletion or amendment to the application or information during the term of any license or renewal shall constitute sufficient ground for revocation of the license by the Township Clerk.
[1991 Code § 130-10]
If the Chief of the Township of Springfield Police Department shall have probable cause to believe any amusement or entertainment machine or device is being used for gambling, such machine or device may be temporarily seized by the Police Department and impounded and may be considered as contraband by law.
[1991 Code § 130-11]
This section is enacted for the purpose of raising revenue and for the regulation and control of coin-operated amusement devices to promote safety by preventing overcrowding and ensuring conformity with fire regulations and to prevent truancy among school-aged minors.
[1991 Code § 130-12; New]
Any person violating any of the provisions of this section, other than Subsection 4-20.2, shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1991 Code § 209-1]
The Governing Body of the Township hereby finds and declares that:
a. 
Coin-operated newsracks have been installed by various newspaper distribution businesses at locations throughout the Township on public sidewalks or in the right-of-way of public roadways, and in recent years the number of such newsracks has increased significantly.
b. 
While such newsracks do provide residents of the Township and others with convenient access to local, regional and national newspapers, the manner in which newsracks are constructed, maintained, operated, located and attached or fastened has interfered and can interfere with the health, safety, welfare and convenience of pedestrians, motorists, residents and businesses and with the proper cleaning, servicing and maintenance of sidewalks, curbs, streets and various signs and utilities and with the aesthetic beauty of the Township.
c. 
Unless regulations are adopted governing the construction, maintenance, operation and location of newsracks and the manner in which newsracks are attached or fastened, such newsracks will interfere with the health, safety, welfare and convenience of pedestrians, motorists, residents and businesses and with the proper cleaning, servicing and maintenance of sidewalks, curbs, streets and various signs and utilities and will detract from the aesthetic beauty of the Township.
d. 
The public interest, therefore, requires the enactment of reasonable regulations governing the construction, placement and maintenance of newsracks which provide ample alternative channels for communication and appropriate procedural safeguards.
[1991 Code § 209-2]
The purpose of this section is to provide definite and narrowly drawn regulations governing newsracks placed on the public sidewalks, rights-of-way or in other public areas, which regulations further the Township's interest in protecting the health, safety, welfare and convenience of pedestrians, motorists, residents and businesses and in ensuring the proper cleaning and maintenance of sidewalks, curbs, streets and various signs and utilities and in preserving the aesthetic beauty of the Township.
[1991 Code § 209-3]
As used in this section:
ADMINISTRATIVE OFFICER
Shall mean the Township Code Official.
EXISTING NEWSRACK
Shall mean any newsrack located in a public area on the effective date of this section.
NEWSRACK
Shall mean any machine, box or vending device into which newspapers or news periodicals are placed for distribution or sale, and includes coin-operated machines as well as machines or boxes which permit removal of newspapers or news periodicals without charge.
PERMIT REVIEW COMMITTEE
Shall mean a committee composed of the Township Engineer, the Township Administrator and the Chief of Police, established pursuant to Subsection 4-21.4.
PUBLIC AREA
Shall mean:
a. 
The public sidewalk;
b. 
The right-of-way for any public street or highway;
c. 
Any public park, playground, trail, path or other recreational area;
d. 
The site of a public school or other public building and structure; or
e. 
Other public open spaces.
ROADWAY
Shall mean that portion of the public street upon which vehicular traffic passes or parks.
[1991 Code § 209-4]
There is hereby established a Permit Review Committee to hear appeals from decisions of the Administrative Officer as provided in Subsection 4-21.11. The Permit Review Committee shall consist of the Township Engineer, the Township Administrator and the Chief of Police, all of whom shall be voting members of the Committee.
[1991 Code § 209-5]
a. 
No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon or over any portion of a roadway.
b. 
No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or public area when such installation, use or maintenance endangers the safety of persons or property, unreasonably interferes with or impedes the flow or visibility of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business or any legally parked or stopped vehicle or unreasonably interferes with the removal of snow, ice, leaves or debris.
c. 
Any newsrack which in whole or in part rests upon, in or over any public area shall comply with the following standards:
1. 
No newsrack shall exceed five feet in height, 30 inches in width and two feet in depth.
2. 
Newsracks located on sidewalks shall only be placed near a curb or adjacent to the wall of a building. If no building is located at the edge of the sidewalk opposite the curb, then any newsrack not placed near a curb shall be placed near the opposite edge of the sidewalk. Newsracks placed near the curb shall be placed no less than 18 inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on a sidewalk opposite another newsrack unless such placement permits a passageway for pedestrians of at least three feet.
3. 
Newsracks may be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object, provided that the owner of the property or fixed object does not object to such attachment.
4. 
Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner along any curb, and a space of no less than 18 inches shall separate each group of three newsracks so attached.
5. 
No newsrack shall be placed, installed, used or maintained:
(a) 
Within three feet of any marked crosswalk.
(b) 
Within 15 feet of the curb return of any unmarked crosswalk.
(c) 
Within 10 feet of any fire hydrant.
(d) 
Within three feet of any public telephone, fire call box, police call box or other emergency facility.
(e) 
Within five feet of any driveway.
(f) 
Along any curb immediately adjacent to any designated bus stop unless such newsrack is located 15 feet or more to the rear of any sign marking the designated bus stop or such newsrack is located adjacent to a bus shelter located at any such bus stop; or along any curb immediately adjacent to any place marked for handicapped parking.
(g) 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than three feet.
(h) 
Within three feet of any display window of any building abutting the sidewalk or in such manner as to impede or interfere with the reasonable use of such window for display purpose.
6. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodicals sold therein.
7. 
Each newsrack shall be maintained in a clean and neat condition and shall be in good repair and operational at all times.
d. 
Each person who places or maintains a newsrack in a public area in the Township shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.
[1991 Code § 209-6]
a. 
No newsrack shall be placed in any public area unless an application for a permit has been made to the Administrative Officer. The Administrative Officer shall issue the permit, provided that the newsrack complies with the provisions of this section.
b. 
All applications for newsrack permits shall be made on forms provided by the Administrative Officer. The application shall identify the owner of the newsrack, the location at which and manner in which the newsrack will be or has been placed and any other information necessary to evaluate the application against the requirements of this section.
c. 
The application shall be filed with the Township Clerk, who shall forward the application to the Administrative Officer, who shall issue or deny the permit within 10 days of the filing date of the application. If the Administrative Officer fails to act within 10 days of the filing date of the application, the application shall be deemed to have been approved and the permit issued. If the Administrative Officer denies the permit, he shall so inform the applicant in writing, stating the reasons for that denial. The applicant shall be entitled to a hearing pursuant to Subsection 4-21.10 if he so requests one in writing within seven days of mailing of the notification of denial of the permit.
d. 
A permit for a particular newsrack shall terminate if the newsrack is removed by the owner, except that the permit shall continue in effect if the newsrack is replaced within five days by the owner with another conforming newsrack at the same location.
[1991 Code § 209-7]
a. 
This section shall apply to all existing newsracks located in any public area as of the section's effective date. An application for a permit for each such existing newsrack shall be made within 20 days of the effective date of the section and shall be processed in the manner provided in Subsection 4-21.6b and c.
b. 
Any existing newsrack for which an application for a permit has not been made within the time provided in Subsection a, above shall be removed pursuant to Subsection 4-21.10a.
[1991 Code § 209-8]
Any newsrack for which an application for a permit has been made shall be allowed to remain in its present location pending a decision by the Administrative Officer on the permit application. If the Administrative Officer denies the application, the newsrack shall be removed pursuant to Subsection 4-21.10a, unless an appeal is taken from that decision. (See Subsection 4-21.10b.) In the event an appeal is taken and the Permit Review Committee affirms the denial of the permit, the newsrack shall be removed pursuant to Subsection 4-21.10b.
[1991 Code § 209-9]
a. 
A permit for a newsrack may be revoked for one or more of the following causes:
1. 
Whenever the application submitted in obtaining the permit is found to be false or intentionally misleading.
2. 
Whenever any of the provisions of this section are violated.
3. 
Whenever the permittee maintains the newsrack at a location other than that specified in the application.
4. 
Whenever the newsrack has not been utilized by the permittee for a period of 20 consecutive days.
b. 
No permit shall be revoked without first providing the owner with written notification of the intent to revoke the permit, which notification shall state the specific violation and, if for the cause provided in Subsections a2 or 3, the notification shall also state that the owner has five days in which to correct the violation or, in the case of Subsection a4, to resume the use of the newsrack. The written notification shall be served either personally or by certified mail, return receipt requested. Any permittee shall be entitled to a hearing pursuant to Subsection 4-21.11 if he so requests one in writing within five days of mailing of the notification of intent to revoke the permit. A request for a hearing shall stay the revocation of the permit, pending the outcome of the hearing.
[1991 Code § 209-10]
a. 
Any existing newsrack located in or near a newsrack placed in a public area as of or after the effective date of this section, for which an application for a permit has not been made as required by Subsection 4-21.7a or for which such a permit has been denied and no appeal has been taken therefrom, shall be promptly removed. If an appeal has been taken and the decision of the Administrative Officer denying the permit is affirmed by the Permit Review Committee, the newsrack shall be promptly removed upon notification of the Committee's decision. If the owner of the newsrack fails to remove the newsrack within 25 days from the effective date of this section where no permit application has been filed, or within five days of notification of denial of a permit or of notification of the Permit Review Committee's affirmance of the denial of the permit, as the case may be, the Administrative Officer shall cause the newsrack to be removed and stored at the owner's expense. The newsrack will be returned to the owner only upon payment of the cost of removal and storage.
b. 
In the event that a permit is revoked, the permittee shall promptly remove the newsrack. If the permittee fails to remove the newsrack within five days from the effective date of the revocation of the permit, the Administrative Officer shall cause the newsrack to be returned to the permittee only upon payment of the cost of removal and storage.
c. 
In the event that, in the determination of the Administrative Officer or any Township official responsible for responding to an emergency situation, a newsrack presents a clear danger of imminent harm to persons or property or interferes with the performance of his duties, the Administrative Officer or official shall immediately cause the newsrack to be removed and shall inform the permittee of the removal and the reason therefor. The newsrack may be returned to its location as soon as the immediate danger has been eliminated. If the Administrative Officer determines that the danger was created by the permittee or by a condition of the newsrack, the permittee shall pay the costs of removal, storage and return of the newsrack. The determination of the Administrative Officer shall be appealable under the provisions of Subsection 4-21.11 by written request for a hearing within five days of mailing by the Administrative Officer of a written demand for payment of the costs of removal, storage and replacement, which demand shall be served by personal service or certified mail.
[1991 Code § 209-11]
a. 
An applicant for a permit or any permittee may appeal from any determination of the Administrative Officer within the time provided in this section by filing with the Administrative Officer a written request for a hearing. Failure to request a hearing within the time permitted shall render the decision of the Administrative Officer final.
b. 
An appeal shall stay all proceedings or actions in furtherance of the Administrative Officer's decision from which the appeal arises.
c. 
Upon receipt of a request for a hearing, the Administrative Officer shall promptly forward to the Permit Review Committee the application, all documents or other evidence upon which the Administrative Officer relied in making his determination and a written explanation of the reasons for his decision. Within 15 days from the date the request for a hearing was made, the Permit Review Committee shall hold a hearing. The applicant or permittee shall be notified of the hearing date at least seven days in advance. At least five days prior to the hearing date, the applicant or permittee shall be provided with a copy of all documents and materials provided to the Committee by the Administrative Officer upon payment of statutory copying costs plus postage and fees.
d. 
At the hearing conducted by the Permit Review Committee, the applicant or permittee shall have the right to call witnesses, present evidence and cross-examine any witnesses who appear before the Committee, including the Administrative Officer. The applicant or permittee shall have the burden of demonstrating that the decision appealed from was incorrect. The Committee shall issue a written decision affirming, reversing or modifying the decision of the Administrative Officer within three days of the completion of the hearing.
e. 
An appeal from the decision of the Committee shall be to the Superior Court of New Jersey, as provided by the rules of that Court. Such an appeal shall stay all proceedings or actions in furtherance of the Committee's decision, unless the Administrative Officer certifies that, by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life or property.
[1991 Code § 209-12; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 2000-02 § 4-22.1; Ord. No. 2010-13]
Except as may be provided herein, no person shall conduct, operate or allow operation of a Farmer's Market upon public property within the Township.
[Ord. No. 2000-02 § 4-22.2; Ord. No. 02-28 § I(A); Ord. No. 03-09 § I; Ord. No. 2010-13; amended 3-12-2024 by Ord. No. 2024-04]
a. 
The Township of Springfield Farmer's Market will be held on Mondays, beginning the week before Memorial Day and concluding the last week in October in each year.
b. 
The hours of operation shall be from 11:00 a.m. to 7:00 p.m.
c. 
Items to be sold include fruits and vegetables, fresh flowers, cut flowers, cheese and other dairy product, jams and jellies, pickled products and baked goods. "Jersey Fresh" fruits and vegetables are preferred.
d. 
The Township of Springfield Farmer's Market shall be located at the corner of N. Trivett Avenue and Mountain Avenue adjacent to the First Aid Squad building.
e. 
All vendors in the Township of Springfield Farmer's Market must comply with all local, County and State regulations, including but not limited to Health Code, Building Code and Zoning Ordinance.
f. 
All vendors in the Township of Springfield Farmer's Market shall be jointly and severally liable for appropriate collection, removal and disposal of all trash, garbage and other items brought onto or generated at the site.
g. 
Should the Police Chief or a designee determine that public safety requires the presence of a Police Officer for traffic or other duties, the vendors in the Township of Springfield Farmer's Market shall be jointly and severally liable and responsible for obtaining the services of a Township Police Officer pursuant to regulations concerning outside jobs, and for the payment of the cost thereof.
h. 
Vendors, by accepting a license, agree to indemnify, defend, protect and hold harmless the Township, its officers, agents and employees, and the Springfield Board of Education, from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties and judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense directly or proximately resulting from the actions of the participant.
i. 
Vendors shall obtain and maintain at all times during the term of the license commercial general liability insurance in an amount not less than $1,000,000 per occurrence (combined single limit), including bodily injury and property damage, which insurance shall not be canceled or reduced upon less than 30 days' advance notice in writing to the Township, upon which policy the Township of Springfield shall be named as an additional insured.
j. 
The days, times, and location at which the Township of Springfield Farmer's Market is held in a given year shall be subject to change by resolution of the Township Committee.
[Ord. No. 2000-02 § 4-22.3; Ord. No. 2010-13]
a. 
All applicants shall submit an application pursuant to Subsection 4-1.2.
b. 
All other provisions of § 4-1, except Subsections 4-1.3 and 4-1.8b shall apply.
[Ord. No. 2000-02 § 4-22.4; Ord. No. 02-28 § I(B); Ord. No. 2010-13]
An application fee of $25 shall be submitted with the application, and upon granting of a license, vendor shall pay a nonrefundable yearly fee of $150, upon payment of which the license shall be issued.
[Ord. No. 97-4 § 216-1]
The purpose of this section is to allow and regulate the establishment and maintenance of outdoor cafes within the Township of Springfield.
[Ord. No. 97-4 § 216-2; Ord. No. 2000-07 § 1; Ord. No. 03-25 § I]
As used in this section, the following words shall have the meanings indicated:
ADJACENT BUILDING
Shall mean the building which fronts on the sidewalk or other area where the outdoor cafe is or is proposed to be located.
OUTDOOR CAFE OR CAFE
Shall mean a restaurant (as defined herein) serving food to be consumed by the public at tables located within a designated area bounded by the adjacent building, which designated area is in part or in full on public property, within the public right-of-way, or upon public sidewalks.
PERMITTED ZONE
Shall mean the G-C (General Commercial), N-C (Neighborhood Commercial) and H-C (Highway Commercial) as designated in the Land Use Ordinance of the Township of Springfield, as amended, and shall also be applicable to any restaurant (as defined herein) in existence on the effective date of the within regulations.
RESTAURANT
Shall mean an establishment actually located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by the public either on or off premises.
SIDEWALK
Shall mean the paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).
[Ord. No. 97-4 § 216-3; Ord. No. 2000-07 § 1]
An application for license hereunder shall be submitted in conformity with the requirements of Chapter 4, General Licensing, Subsection 4-1.2, Application for License of the Code of the Township of Springfield, accompanied by the application fee for an outdoor cafe of $50. Licenses issued pursuant to this section shall expire on December 31, of each year. No fee shall be pro-rated under this section. In addition thereto, each applicant shall submit the following items as more fully set forth hereafter: layout plan; certificate of insurance; indemnification agreement; maintenance agreement; written acknowledgment of receipt of a copy of rules, regulations and specifications as set forth hereafter.
Each application and supporting documentation shall be provided to and may be commented on by the Township Engineer, Chief of Police, Fire Chief, Health Officer or Sanitarian, and Design Review Committee, or their designates. Any such comments shall be submitted within 14 days of receipt of the application. Upon an initial application, the Township Committee may thereafter grant, deny or grant as modified any such license. On renewal applications which do not contain a substantial change in any aspect, the license may be granted by the Township Administrator, or at the Administrator's discretion, referred to the Township Committee for further action.
[Ord. No. 97-4 § 216-4]
The layout plan shall include:
a. 
A description of the proposed design and location of the outdoor cafe and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any).
b. 
A statement of seating capacity of the proposed outdoor cafe and of the existing restaurant actually operated by the applicant in the adjacent building.
c. 
A diagram demonstrating that pedestrian traffic along any sidewalk upon which the outdoor cafe is proposed to be located will in no way be impeded, and that all rules, regulations and specifications hereunder shall be satisfied.
d. 
A description of the proposed location of the outdoor cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.
[Ord. No. 97-4 § 216-5]
No outdoor cafe license shall be issued unless the licensee shall have first filed a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, evidencing insurance which provides for the payment of not less than $500,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor cafe or for injury to any person occurring on the premises occupied by such cafe, and further provides for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe. Such certificate shall provide that the insurance company shall notify the Township of Springfield 10 days prior to cancellation or substantial change in coverage, and shall name the Township of Springfield as an additional insured thereunder.
[Ord. No. 97-4 § 216-6]
No outdoor cafe license shall be issued unless the licensee shall have first executed and filed an indemnification agreement in a form approved by the Township Attorney of the Township of Springfield pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Township of Springfield, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such outdoor cafe.
[Ord. No. 97-4 § 216-7]
No outdoor cafe license shall be issued unless the licensee shall have first executed and filed a maintenance agreement in a form approved by the Township Attorney of the Township of Springfield pursuant to which the licensee shall agree, at the option of the Township, to either repair at its sole cost and expense, any damage caused to the sidewalk or other location by the operation of the cafe or to reimburse the Township in full for all costs and expenses incurred by it in making any such repairs, with and if so required by the Township Committee of the Township of Springfield.
[Ord. No. 97-4 § 216-8]
An outdoor cafe authorized and operating pursuant to this section shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution of the Township Committee of the Township of Springfield:
a. 
The cafe shall be operated and maintained in accordance with the layout plan as finally approved.
b. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
c. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor cafe shall be located in such a way that less than four feet of paved sidewalk remains for the exclusive use of pedestrians, nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.
d. 
The sidewalk or other area utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided as needed.
e. 
Noise shall be kept at such a level as to comply with the appropriate section of the Code of the Township of Springfield.
f. 
Outdoor cafes shall be permitted to operate only within the permitted zones and only during the hours that the principal business is permitted to operate.
g. 
Within 30 minutes after the closing of the outdoor cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor cafe appropriately covered or stored so as to avoid a public hazard or nuisance.
h. 
The outdoor cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.
i. 
The operator shall comply with all other ordinances and requirements of the Township of Springfield.
[Ord. No. 97-4 § 216-9]
a. 
The sidewalk or other area upon which an outdoor cafe has been authorized to operate pursuant to this section shall constitute premises duly licensed for the sale and consumption of alcoholic beverages; provided, however, that the related restaurant of which the cafe is a part and of which it is an extension is so licensed; and provided further, however, that specific approval has been obtained from the Township of Springfield for the extension of the alcoholic beverage consumption license to the sidewalk area. Such approval shall be separate from, and must be obtained in addition to, the license to operate an outdoor sidewalk cafe pursuant to this section.
b. 
Patrons of an outdoor cafe that does not have a liquor license to sell alcoholic beverages on the sidewalk or other area upon which the outdoor cafe has been authorized to operate pursuant to this section shall not be permitted to carry onto or consume any alcoholic beverages on such sidewalk or other area.
[Ord. No. 97-4 § 216-10]
a. 
Upon a determination by any officer or employee of the Township of Springfield that a licensee has violated any provision hereof, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor cafe license shall thereupon automatically be revoked.
b. 
Upon the revocation of such license, the licensee, on written request, shall be entitled to a hearing before the Township Committee of the Township of Springfield within 14 days of the date of such request.
[Ord. No. 97-4 § 216-11]
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not more than $100 for the first offense, not less than $100 and not more than $500 for the second offense, and not less than $100 and not more than $1,000 for each subsequent offense, or to a term of imprisonment not to exceed 90 days or both, as well as a revocation of a current license.
[Ord. No. 96-12 § 191-1]
As used in this section, the following terms shall have the meanings indicated:
COMMERCIAL LANDSCAPER
Shall mean a person or entity whose business involves the placing, planting, arranging, trimming, cutting and removing of trees, the maintenance of lawns, trees, bushes, shrubs, gardens and related appurtenances; and/or the cleaning and/or collection of vegetative waste, including weeds, branches, clippings, leaves, debris, grass or other items of yard waste, on or from the property of another person or entity.
VEHICLE
Shall mean every device in, upon or by which a person or property is or may be transported upon a public street or highway.
[Ord. No. 96-12 § 191-2]
It shall be unlawful for any person to establish, maintain, conduct or operate a commercial landscaping business in or upon any premises or property within the Township without a license therefor.
[Ord. No. 96-12 § 191-3; Ord. No. 2005-17 § II; Ord. No. 2006-01 § I]
An application for license hereunder shall be submitted in conformity with the requirements of Subsection 4-1.2, Application for License, accompanied by a $50 license fee for a commercial landscaping business. No fee shall be prorated on a license renewal, or for new applications made subsequent to April 1 of a given year. In addition to the requirements set forth therein, all such applications shall include the following information: the character, nature and type of any and all substances that the applicant will be disposing as a result of the commercial landscaping operation; the location where any and all debris, garbage, waste or other materials removed as a result of the commercial landscaping operation is to be taken and the name and telephone number of the company or organization to receive such material; the year, make, model, vehicle identification number and license plate number for all vehicles to be used within Springfield. Upon issuance of a license, a window sticker permit shall be issued for each vehicle listed on the application, at a fee of $10 per permit. Additional vehicles may be added from time to time by written request, including the specification as to each vehicle to be added, of the year, make, model, vehicle identification number and license plate number, and payment of an additional $10 fee per each new permit. Vehicle permits are not transferable from person to person or from vehicle to vehicle.
[Ord. No. 96-12 § 191-4]
The Township Committee or its designee may, at any time, for violation of this section or of any applicable law, regulation or ordinance, or such other cause as the Township Committee or its designee upon investigation and after a hearing, deems sufficient, suspend or revoke any license granted under the provisions of this section. Notice in writing of the proposed suspension or revocation and the reason or reasons therefor and of the time and place of a hearing to be held thereon by the Township Committee, or its designee, shall be served upon the licensee either personally or by mail to the business address given in the application at least 10 days prior to the hearing. Whenever any license shall be revoked, no refund of any unearned portion of the license fee shall be made. No license shall be granted to any person whose license has been revoked within a period of two years from the date of such revocation except in the discretion of the Township Committee.
[Ord. No. 96-12 § 191-5; Ord. No. 2005-17 § II]
Every commercial landscaper licensed by the Township shall be required while operating within the Township to have the name, address and telephone number of the licensee clearly indicated on both sides of any vehicle used in such operation, in letters no less than three inches in height. Further, each such vehicle shall have a window sticker permit affixed thereto on the rear window, on the inside surface at the lower left corner, so as to be visible from outside the vehicle. On vehicles without a rear window, such permit shall be affixed thereto on the rearmost left side window on the inside surface at the lower right corner, so as to be visible from outside the vehicle.
[Ord. No. 96-12 § 191-6]
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not more than $250 for the first offense, not less than $100 and not more than $500 for the second offense and not less than $100 and not more than $1,000 for each subsequent offense, or to a term of imprisonment not to exceed 90 days, or both, as well as a revocation of a current license or ineligibility to obtain a license for a period of up to two years.
[Ord. No. 96-12 § 191-7]
This section shall not be applicable to vehicles owned and operated by the Township of Springfield or to those vehicles owned and operated pursuant to contract with the Township for collection of garbage, recyclables or other waste.
[Ord. No. 2005-17 § II]
The Zoning Officer, Recycling Coordinator and Police Department are authorized to enforce this section.
[1991 Code § 165-3]
The license fees for the various uses are as follows:
Use
Fee
Coin-operated washing machine (per machine)
$10/per year
Junk dealer
$50/per year
Transient merchants and itinerant vendors
$300 for 180 days
[Ord. No. 96-20 § 264-1]
The purpose of this section is to provide standards, regulations and rates for Police-requested and non-preference towing and storage services. These services shall be provided under the supervision of the Chief of Police of the Township of Springfield or his designee.
[Ord. No. 96-20 § 264-2; Ord. No. 2002-27 § I(A)]
As used in this section:
AUTHORIZED TOWING OPERATOR
Shall mean a towing operator who has been licensed pursuant to this section.
AUTOMOBILE
Shall mean a private passenger automobile of a private passenger or station wagon type that is neither used as a public or livery conveyance for passengers nor rented to others with a driver, or a motor vehicle with a pickup body, a delivery sedan, a van, or a panel truck or a camper type vehicle used for recreational purposes owned by an individual, not customarily used in the occupation, profession or business of the owner and shall exclude all vehicles of 6,000 pounds gross vehicular weight or greater.
BASE OF SERVICE
Shall mean a towing operator's principal place of business where tow vehicles are stationed when not in use.
CRUISING
Shall mean the operation of an unengaged tow truck along the public streets in any fashion intended, likely or calculated to solicit business.
DAY
Shall mean from 8:00 a.m. to 4:30 p.m., Monday through Friday, excepting New Jersey State holidays.
NIGHT AND HOLIDAYS
Shall mean all times other than Day.
OUTSIDE SECURED
Shall mean a storage facility secured by a fence, wall or other barrier that is at least six feet high, equipped with a passive alarm system or similar on-site security measure, and is lighted at night.
OWNER
Shall mean a person, firm, partnership, corporation or other entity who owns, leases and/or drives, operates, parks or abandons any vehicle on the roads or highways within the Township of Springfield, which vehicle requires towing pursuant to this section.
STORAGE CHARGE
Shall mean the maximum fee to be charged for storage of a vehicle pursuant to the within section for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
TOW VEHICLE (TOW TRUCK)
Shall mean any vehicle equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of vehicles, as well as any vehicle so employed.
TOWING OPERATOR
Shall mean a person, firm, partnership, corporation or other entity engaged in the business of providing tow truck services and storage services for vehicles towed, which services are made available to the general public within the Township of Springfield.
[Ord. No. 96-20 § 264-3]
No towing operator shall perform Police-requested or non-preference towing within and for the Township of Springfield unless licensed to do so pursuant to this section.
[Ord. No. 96-20 § 264-4; Ord. No. 2002-27 §§ I(B), (C)]
a. 
Equipment Requirements. No license shall be issued to a towing operator who does not own or lease, or can have available, at least the following equipment:
1. 
One heavy duty wrecker capable of handling a loaded tractor trailer, or other large heavily loaded vehicles that travel U.S. Interstate Highways and/or County or municipal roadways.
2. 
One flat bed or roll back truck classified no lighter than a one ton vehicle.
3. 
All vehicles must be equipped with two-way radios to a base of service.
4. 
Equipment available to remove disabled or abandoned motor vehicles, motorcycles, and mopeds with or without wheels and totally inoperable motor vehicles, motorcycles and mopeds.
5. 
Safety equipment to be carried on all trucks shall include: universal towing sling, except flat beds or roll back trucks, hook and chains; one snatch block for 3/8 to 1/2 inch cable; two high-test safety chains; auxiliary safety light kit to place on rear of towed vehicle; four-lamp or three lamp revolving amber light or lamp bars; toolbox with assortment of hand tools; rear working lights; body-clearing lights located to clear towed vehicle; blocking choke for wrecker while working; safety cones; shovel; broom; steering wheel lock or tie down.
6. 
All tow trucks must be properly registered, insured and inspected, and carry liability insurance in the amount of not less than $1,000,000 for any one claimant, $2,000,000 for more than one claimant, and $1,000,000 coverage for property damage for any one event. A certificate of insurance must be provided yearly to the Township Clerk.
7. 
All tow trucks must be properly lettered on both sides as provided by law.
8. 
All trucks must be maintained and operated in accordance with all existing traffic regulations and in a safe and prudent manner.
9. 
Tow truck drivers shall request Police assistance during the course of servicing when they find it necessary to turn around, back-up, tow in the opposite direction, etc., if any of the above maneuvers would constitute a hazard to the motoring public.
b. 
Storage Facilities. No license shall be issued to a towing operator who does not own, lease or have access to the following storage facilities:
1. 
An outside secured storage area to accommodate at least seven vehicles which have become disabled or otherwise removed by the towing operator.
2. 
An inside storage area to accommodate at least one vehicle that might require such storage due to Police investigations.
3. 
All storage facilities shall have proper sign identification in a prominent location and in the principal office of the towing company where the general public is admitted, showing the hours when the vehicle may be released. Such hours shall be subject to the approval of the Chief of Police, with a minimum of 10 hours per day, and six days a week, excluding Sundays and holidays, as well as the price for towing and daily storage rates. A business card shall be supplied by the towing operator to the owner or driver at the scene stating the business address and hours of operation.
4. 
A small lot plan must be submitted for review annually to the Township Clerk. Such plans shall indicate the storage areas.
5. 
Disabled motor vehicles towed or otherwise removed from the place where they are disabled shall not be stored or allowed to remain on public property, on any street, or on any property in the Township of Springfield which is not zoned for such storage.
6. 
No vehicle shall be towed into the Police Department's parking lot or municipal parking lot, unless specifically requested by the Chief of Police or his designed representative.
c. 
Personnel and Operation Requirements. All authorized towing operators, their agents and employees shall comply with the following:
1. 
They shall be fully trained and knowledgeable in the operation of all required equipment.
2. 
All drivers will relay information as soon as possible to the Police on all crimes, disabled vehicles, accidents, disasters, etc.
3. 
Employees who drive vehicles shall have the proper valid New Jersey Drivers License, they shall be of good moral character, mentally alert, and present a neat appearance at all times.
4. 
They shall at all times have any and all equipment which may be required to be available and on site to a call within 15 minutes of notification. The Chief of Police shall be the sole arbitrator as to compliance with the required response times.
5. 
They shall not respond to or stop at any accident scene unless directed to do so by the Police, unless it is to notify the Police of an emergency. The stop shall not give the tow truck operator the right to tow without Police permission.
6. 
They will be responsible for all vehicles and contents in their custody.
7. 
They will notify the Police on a weekly basis if they are in custody of any previously towed vehicle.
8. 
They will cooperate with other operators in the case of emergency services at the scene of accidents and/or disasters.
9. 
No vehicles will be removed from the road or highways traversing the Township without proper authorization from the Police at the scene, or owner/driver as the case may be.
10. 
All vehicles which are impounded or confiscated will not be released without proper authorization from the Police Department.
11. 
All disputes between towing operators and the public or owners at the scene, or at any time thereafter, will be reported to the Chief of Police or his designee who will act as a mediator and attempt to resolve their differences in a civil and lawful manner. No driver of a towing operator will create a disturbance on the highway.
12. 
The highest ranking Police Officer present shall be in complete charge of the incident scene and all persons shall comply with the Officer's instructions.
13. 
It is understood and agreed that the Township of Springfield shall in no way be liable to the towing operator for any services whatsoever which may be rendered to a motor vehicle or owner.
[Ord. No. 96-20 § 264-5; Ord. No. 99-4 § 1A; Ord. No. 2002-27 § I(D)]
a. 
An application for license hereunder shall be submitted in conformity with the requirements of Subsection 4-1.2, Application for License of the Code of the Township of Springfield, accompanied by an application fee of $150 for an "authorized towing operator license." Licenses issued pursuant to this section shall expire on December 31 of each even numbered year. No fee shall be pro-rated under this section.
b. 
In addition to all other items required to be submitted with the towing license application, each applicant shall include therewith copies of each and every State, County or municipal towing contract which they currently have entered into, as well as a listing of all municipalities for which they have been authorized or licensed to perform towing on a rotating basis.
[Ord. No. 96-20 § 264-6; Ord. No. 99-4 § 1B[2]; Ord. No. 2000-24 § 1[A]]
a. 
All authorized towing licenses shall be issued by the Township Committee of the Township of Springfield or its designee. The license fee for an authorized towing operator shall be $250.
b. 
The Township Committee, upon recommendation of the Chief of Police, shall issue licenses to a sufficient number of authorized towing operators to insure public safety, but in no case more than four towing operators shall be licensed at any one time. In its discretion, the Township Committee may authorize one additional licensee without issuing such license. Such additional authorized but unlicensed towing operator may thereafter receive such license to replace a revoked or suspended licensee, or for other reasons at the discretion of the Township Committee, upon payment of appropriate license fees.
c. 
All authorized towing operators, to the degree possible, shall be located within the Township of Springfield or in municipalities immediately adjacent thereto. All authorized towing operators must be able to respond and be on site to any call within the Township of Springfield within 15 minutes.
d. 
It shall be the obligation of an authorized towing operator to immediately notify the Chief of Police of the Township of Springfield in the event such authorized towing operator is wholly or partially not operational due to mechanical failure or personnel insufficiency, or if such authorized towing operator cannot fulfill any of the requirements of this section at any time.
e. 
Upon approval of any licensing application and payment of the licensing fee, a towing license shall be issued.
f. 
Upon submission of a towing operator application, such towing operator agrees that upon receiving a license, such towing operator will indemnify and hold harmless the Township of Springfield, its employees and agents, for any and all loss, claims or damages, arising from personal injury or property damage as a result of the actions of the authorized towing operator, and such authorized towing operator will defend the Township of Springfield, its employees and agents, in connection with any claim, demand, suit or action arising therefrom.
g. 
On or before November 1 of each even numbered year, any towing operator may submit an application and application fee pursuant to this section for purposes of consideration as an authorized towing operator for the following calendar year. As part of the application process, or at any time after the granting of a license, the towing operator will be subject to investigation and inspection by the Township of Springfield and all its Departments for compliance with any and all requirements of this chapter.
h. 
All authorized towing operators shall be placed on a rotational list to be maintained by the Chief of Police of the Township of Springfield, and such authorized towing operators shall be called upon to respond as needed on a rotational basis. The period of such rotation shall be determined by the Chief of Police.
i. 
The Township Committee may, in addition to all other factors considered relevant, consider the following in determining whether or not to issue a license; the substance and number of complaints issued against an applicant and the disposition of same; the prior performance of the applicant as to response time (including both the number of violations of response time and the number of minutes late per incident) and other requirements of Statute and ordinance.
[Ord. No. 96-20 § 264-7; Ord. No. 99-4 § 1; Ord. No. 2000-24 § 1[B]; Ord. No. 2002-27 §§ I(C)(E); Ord. No. 2004-13 § I]
a. 
No towing operator shall engage in cruising.
b. 
No towing operator shall solicit or attempt to divert patrons of another towing operator, nor shall a towing operator solicit or divert prospective patrons of a given repair service to any other repair service.
c. 
No flashing lights or sirens shall be used by a towing operator except as granted by the Chief of Police of the Township of Springfield pursuant to the provisions of N.J.S.A. 39:3-1 et seq.
d. 
Every authorized towing operator, prior to departure from the scene of towing services, shall clean and clear the streets of any customary debris resulting from any accident at such scene and shall at all times carry the necessary equipment to perform such cleaning services. There shall be no cost to Springfield for this service.
e. 
Every authorized towing operator shall be responsible for the on-scene changing of flat tires on vehicles of the Police Department of the Township of Springfield. There shall be no cost to Springfield for this service.
f. 
Every authorized operator who is called to respond shall arrive at the scene to which dispatched within a reasonable time. Under normal circumstances such reasonable time is defined as within 15 minutes. A five minute "grace period" shall be allowed due to unusual traffic or other conditions. Such condition shall promptly be reported by the responding operator to the Springfield Police Desk, prior to the 15 minutes expiring. The Township reserves the right to obtain the services of another authorized towing operator for failure to meet any provision of this section.
g. 
The authorized towing operator shall as promptly as possible, but in all cases prior to towing any vehicle, inform the owner or operator that they have the right to designate a location to which the vehicle will be towed. If no such storage designation is made by the owner or the Police Department, the authorized towing operator may remove the vehicle to the authorized towing operator's place of business. The owner or operator shall be responsible for mileage charges for such towing, as hereafter set forth.
h. 
The authorized towing operator, when so instructed, will tow a vehicle to a premises controlled by the Police Department. Such vehicle will not be released to the owner unless such owner furnishes a receipt that all authorized towing and other service fees have been paid.
i. 
Every authorized towing operator shall submit a monthly report to the Chief of Police of the Township of Springfield on a form so designated, stating the disposition of vehicles taken to their facility and indicating all fees and charges for every vehicle towed and repaired. The report will include the date when the owner received each vehicle.
j. 
No authorized towing operator shall employ, directly or indirectly, any sworn or volunteer Police Officer of the Township of Springfield.
k. 
Such additional rules and regulations as may be promulgated by the Township Committee of the Township of Springfield, by resolution, shall take effect after notification of such rules and regulations upon all authorized towing operators. Notice shall be made by personal delivery or by mail to the business address given in the application of the authorized towing operator or his designee.
l. 
The owner of a vehicle who is the victim of a crime shall not be responsible for towing costs as a result of Police-requested towing for purposes of crime scene analysis or other investigation. The cost for such towing shall be billed to the Township of Springfield and shall be the standard towing charges as set forth herein, to a maximum fee per vehicle of $150.
m. 
They shall, as promptly as possible, inform the owner or operator of each motor vehicle, motorcycle or moped that they may choose another towing operator which is not an authorized Police towing operator under the following conditions: the vehicle is not a hazard or in a hazardous position as determined by the Police or Fire Officer in charge at the scene; the vehicle does not disrupt the flow of normal traffic and can be removed within a reasonable amount of time as determined by the Officer in charge at the scene.
n. 
The authorized towing operator shall, as promptly as possible, but in all cases prior to towing any vehicle, provide the owner or operator with a written copy of the maximum rates chargeable hereunder.
o. 
The authorized towing operator shall accept in payment of all fees, cash or a valid major credit or charge card, and may accept check, money order, or a valid debit card.
[Ord. No. 96-20 § 264-8]
a. 
The Chief of Police or the Township Committee of the Township of Springfield may temporarily suspend without hearing any license to protect the public health, safety and welfare. The authorized towing operator shall immediately be notified of any such suspension and the reason or reasons therefor, and the authorized towing operator may immediately request a hearing before the Township Committee, or its designee, which hearing will be held as expeditiously as possible.
b. 
The Township Committee, or its designee, may, at any time, for violation of this section or of any applicable law, regulation or ordinance, or such other cause as the Township Committee, or its designee, upon investigation and after a hearing, deems sufficient, suspend or revoke any license granted under the provisions of this section. Notice in writing of the proposed suspension or revocation and the reason or reasons therefor and of the time and place of a hearing to be held thereon by the Township Committee, or its designee, shall be served upon the licensee either personally or by mail to the business address given in the application at least 10 days prior to the hearing. Whenever any license shall be revoked, no refund of any unearned portion of the license fee shall be made.
[Ord. No. 96-20 § 264-9; Ord. No. 2002-27 § I(F); Ord. No. 2004-13 § I; Ord. No. 2006-15 § I; Ord. No. 2008-16 § I; Ord. No. 2009-016 § I; amended 10-13-2020 by Ord. No. 2020-24]
a. 
Maximum rates charged for all services to automobiles that are damaged in accidents, disabled, abandoned, or recovered after being stolen, shall not exceed the rates set forth in this Subsection 4-27.9.
b. 
Road Service.
1. 
Cars (light): $125 per hour, plus parts.
2. 
Trucks (medium/heavy): $175 per hour, plus parts.
c. 
Towing, Basic.
1. 
Light duty (up to 10,000 pounds): hook-up $150.
2. 
Medium duty (10,001 to 16,000 pounds): $250 per hour.
3. 
Heavy duty (16,001 pounds and above): $500 per hour.
4. 
Decoupling fee (if tow is not performed): half of basic rate.
d. 
On-Hook Mileage.
1. 
Light duty: $6 per loaded mile.
2. 
Medium duty: N/A.
3. 
Heavy duty: N/A.
e. 
Recovery/Winching (in addition to towing: per truck, including driver).
1. 
Light/medium duty: $350 per hour (charged in increments of $175 per half hour).
2. 
Heavy duty: $600 per hour.
f. 
Specialized Recovery Equipment.
1. 
Rotator/crane recovery unit: $1,200 per hour.
2. 
Tractor with landoll trailer or detach trailer: $450 per hour.
3. 
Tractor/transport hauler only: $250 per hour.
4. 
Refrigerated trailer with tractor: $450 per hour.
5. 
Box trailer with tractor: $400 per hour.
6. 
Air cushion unit: $1,000 per hour.
7. 
Light tower: $250 per hour.
8. 
Pallet jack: $200 flat rate.
9. 
Rollers: $200 flat rate.
10. 
Any other specialized equipment: $250 per hour.
11. 
Loader/backhoe/telescopic handler/bulldozer/bobcat: $300 each per hour.
12. 
Forklift: $300 per hour.
13. 
Dump truck/dump trailer with tractor: $350 per hour.
14. 
Roll-off with container: $350 per hour plus disposal.
15. 
Scene safety equipment, communication equipment, traffic management equipment, etc: $250 per hour for each type used.
16. 
Recovery support vehicle/trailer additional recovery equipment: $350 per hour.
g. 
Labor (minimum of one hour).
1. 
Accident clean-up and debris: $75 per hour (one-hour minimum), plus absorbent materials used.
2. 
Recovery Supervisor and/or Level III Recovery Specialist: $225 per hour (charges limited to one per incident).
3. 
Certified towing operator: $125 per hour per person.
4. 
Manual laborers: $100 per hour per person.
h. 
Storage, billed per calendar day (inside rates two times outside rate).
1. 
Cars/light trucks (ten-foot-by-twenty-foot space): $45 per day.
2. 
Trucks (dual wheels)/single axle: $90 per day.
3. 
Tractor/dump truck/tractor and trailer combo/trailers: $125 per unit per day.
4. 
Buses: $150 per day.
5. 
Roll-off: $125 per day for each.
6. 
Cargo/accident debris/load storage/vehicle components (10 foot by 20 foot space): $45 per space used per day.
7. 
Rental of any tow-company-supplied trailer post-incident: $500 per day.
i. 
Additional Services/Notes.
1. 
Fuel/haz-mat/cargo spills clean-up and disposal: Time and materials.
2. 
Haz-mat and trash recovery: 10% surcharge.
3. 
Subcontractor markup: 10%.
4. 
Administrative charge (only after third visit to vehicle): $50 (cars only).
5. 
Administrative charge (medium/heavy truck): $200.
6. 
After-hours release: $75.
7. 
Notification documentation fee: $50.
8. 
Tarping/wrapping vehicle: $90 per car; $250 per truck.
j. 
Miscellaneous Provisions.
1. 
After the first half hour, all hourly billable rates will be charged in half-hour increments.
2. 
Charges for all trucks/recovery equipment are inclusive of the operator. You may not separately charge for an operator that drives/operates the truck/recovery equipment.
3. 
No authorized towing operator shall charge an additional fee when a towed vehicle is being picked up by an owner or other towing operator for services such as moving other vehicles to get at the towed vehicle, towing from the authorized towing operator's property to the street, and the like.
4. 
The rates charged for services to all other vehicles shall be billed at reasonable prevailing rates within the Union County area, and each authorized towing operator shall submit such proposed fees to the Chief of Police by no later than January 10 of each year, or upon any change in such rates, whereupon the Chief of Police shall determine if such rates are reasonable. The authorized towing operator shall have the right to appeal any adverse determination as to the reasonableness of such fees to the Township Committee, which may rule on such issue with or without hearing.
5. 
No authorized towing operator shall charge any fee set forth in Subsection 4-27.9e, above, unless such service is necessitated by the circumstances surrounding the tow, is actually provided, and is beyond the normal services provided. No additional fee may be charged for pulling a vehicle onto a flatbed truck. A winching fee may only be charged to pull a vehicle back onto the roadway so as to place the vehicle in proper position to tow the vehicle.
[Ord. No. 96-20 § 264-10]
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not more than $250 for the first offense, not less than $100 and not more than $500 for the second offense and not less than $100 and not more than $1,000 for each subsequent offense, or to a term of imprisonment not to exceed 90 days, or both, as well as a revocation of a current license or ineligibility to obtain a license for a period of up to two years.
[Ord. No. 99-4 § 1D; Ord. No. 2000-24 § 1[C]; Ord. No. 2002-27 § I(G); Ord. No. 02-28 § I(A); Ord. No. 03-24 § I]
a. 
The Chief of Police, or a designee, shall file a report with the Township Committee within the first 30 days of each year concerning the performance of all licensed towing operators during the prior year, including but not limited to the following information: name, address, number of total calls responded to, number of calls responded to out of time; number of complaints filed against each licensed tower by the Township of Springfield or individuals; the substance and determination as to each such complaint. The Chief of Police or a designee shall also notify the Township Committee within seven days should any licensed towing operator violate the rules and regulations more than three times within any thirty-day period, or more than 10 times during a calendar year.
b. 
Any Police Officer responding to, present at, or involved with any situation in which an authorized towing operator is present, shall as promptly as possible present the owner or operator with a statement/questionnaire as to the compliance of the authorized towing operator with the specific notice requirements and other provisions of this section, unless, in the discretion of the Police Officer to do so would be impossible or a danger to public safety under the circumstances. Such statement/questionnaire shall be in the form approved by the Chief of Police in consultation with the Township Administrator.
c. 
The Chief of Police, or a designee, shall forward a monthly report to each licensed towing operator, by regular mail, to the premises address set forth on the license application. Such report shall include all information determined to be appropriate by the Township Committee, upon recommendation of the Chief of Police, or a designee, including, but not limited to, a listing of all alleged violations of the within rules and regulations during the prior month by the operator.
d. 
These regulations and the approved fee schedule of all authorized towing operators shall be made available to the public, upon request, pursuant to the currently effective public records law.
[Ord. No. 2002-12]
It is the purpose of this section to provide a procedure whereby those persons intending to operate an attendant (valet) parking service may be licensed so as to provide for appropriate and adequate oversight concerning such business, in order to protect the public health, safety and welfare.
[Ord. No. 2002-12]
No individual, partnership, corporation, or other legal entity shall engage in or carry on the business of attendant (valet) parking within the Township without first obtaining a license as set forth herein.
[Ord. No. 2002-12]
ATTENDANT (VALET) PARKING
As used herein shall mean any service, whether remunerated or not, and if so, regardless of who pays such remuneration, wherein any person not the owner or operator of a motor vehicle shall take possession, custody or control of such motor vehicle for purposes of moving same from one location to another solely for the purpose of storage or parking.
[Ord. No. 2002-12]
a. 
In addition to information required in Subsection 4-1.2, the applicant shall specify the name and address of the owner of the premises upon which any portion of the service will operate, provide verification that the applicant has complied with any and all statutes and regulations, as well as other ordinances of the Township, and shall have annexed thereto proof of liability insurance in an amount not less than $3,000,000 per occurrence/$1,000,000 per individual. There shall also be annexed thereto an estimate of the maximum number of motor vehicles which will be handled by the service at any given time, and a detailed explanation of the method of determining such estimate. Additionally, the applicant will supply a detailed listing including map if appropriate, of the intended location of storage or parking of all motor vehicles, as well as the intended driving route between and among all locations of the service.
b. 
The application shall be filed with the Township Clerk, and shall be accompanied by a nonrefundable fee in the amount of $50 for each location from which the services will originate. Such application shall be referred to the Springfield Police Department, Fire Department, Springfield Zoning Officer, Public Safety Committee all of which shall make appropriate investigation and report to the Township Clerk in a timely fashion, as to all appropriate issues, including, but not limited to, the adequacy of the parking plan submitted with the application.
[Ord. No. 2002-12]
A license shall not be issued if it is determined that an applicant has failed to provide any required information, does not comply with any of the requirement set forth in this section or any applicable law, regulation or ordinance, or that the proposed parking and driving plan is likely to adversely affect the public health, safety or welfare.
[Ord. No. 2002-12]
Any license issued hereunder may be revoked by the Township at any time for violation of this section or any applicable law, regulation or ordinance, or for such other cause, including but not limited to, exceeding the maximum number other than as designated in the application. Any such proposed revocation shall be pursuant to the procedure set forth in Subsection 4-1.10.
[Ord. No. 2002-12]
No license hereunder shall be required for any attendant (valet) parking service which shall operate solely upon private property, such that no motor vehicle while in custody or possession of such service shall be parked upon, travel upon, or in any way affect the public streets, thoroughfares or property.
[Ord. No. 2002-12]
This section shall be enforced by the Police Department, Zoning Officer and any other appropriate municipal official. Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 2005-15 § I]
As used in this section:
MASSAGE
Shall mean any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the human body with the hands or any other part of the body, with or without the assistance of any object or mechanical or electrical apparatus or appliance, with or without supplementary aids, such as rubbing alcohol, liniments, oils, powders or creams, including the use of any process offered as supplementary or incidental thereto, such as heat lamps, hot and cold packs, tubs and showers, and shall include but not be limited to those practices commonly known as massage, bodywork and somatic therapy.
MASSAGE ESTABLISHMENT
Shall mean any establishment where any person engaged in or is permitted to engage in the practice of massage.
MASSAGE PRACTITIONER
Shall mean any person who shall engage in or perform a massage, for any consideration whatsoever.
SEXUAL OR GENITAL PARTS
Shall mean the genitals, pubic area, anus and perineum of any person, and the vulva and breasts of a female.
[Ord. No. 2005-15 § I; Ord. No. 06-17 § I]
Within the Township of Springfield, no individual, corporation, partnership or other entity shall own, operate or participate in the operation of a massage establishment, or perform services as a massage practitioner, unless granted a permit as provided herein. This section shall not apply to any school, hospital, nursing home or assisted living facility licensed by or operating in accordance with the laws of the State of New Jersey, any health club registered pursuant to N.J.A.C. 13:45A-25.1 et seq., or to any licensed physician, osteopath, chiropractor or physical therapist, including services performed by same at the home of a patient.
[Ord. No. 2005-15 § I; Ord. No. 2007-13A § I]
a. 
An application for an establishment permit hereunder shall be made to the Township Clerk of the Township of Springfield.
b. 
Such application shall be in writing, signed and sworn to by the applicant, and shall include the following information:
1. 
The name and address of each applicant that is an individual. For any partnership, corporation or other business entity, the name and address of each person owning an interest in the entity.
2. 
That the applicant or applicants are at least 18 years of age.
3. 
The exact nature of the massage to be administered.
4. 
Such other information as requested by the Township Clerk which may be necessary to fulfill the purposes of this section.
5. 
Two portrait photographs of each applicant, no smaller than two inches by two inches.
6. 
A complete set of each applicant's fingerprints, taken by the Springfield Police Department, the cost of which shall be paid by the applicant, in addition to any fees herein.
7. 
Authorization to the Springfield Police Department and Health Department, to seek information and to conduct an investigation into the truth of the statements set forth in the application, and consent to provide any additional information requested by them in order to complete such investigation.
c. 
A nonrefundable yearly application fee of $250 shall be submitted with the application.
[Ord. No. 2005-15 § I]
a. 
An application for a practitioner permit hereunder shall be made to the Township Clerk of the Township of Springfield.
b. 
Such application shall be in writing, signed and sworn to by the applicant, and shall include the following information:
1. 
The name and address of the applicant.
2. 
That the applicant is at least 18 years of age.
3. 
Such other information as requested by the Township Clerk which may be necessary to fulfill the purposes of this section.
4. 
Two portrait photographs of the applicant, no smaller than two inches by two inches.
5. 
A complete set of the applicant's fingerprints, taken by the Springfield Police Department, the cost of which shall be paid by the applicant, in addition to any fees herein.
6. 
Authorization to the Springfield Police Department and Health Department, to seek information and to conduct an investigation into the truth of the statements set forth in the application, and consent to provide any additional information requested by them in order to complete such investigation.
c. 
A nonrefundable yearly application fee of $100 shall be submitted with the application.
[Ord. No. 2005-15 § I]
Upon receipt of a complete application, the Township Clerk shall forward same for review and comment to the Chief of Police, the Chief of Fire, the Health Officer, the Township Attorney and such other officials as the Township Clerk shall deem appropriate, or each of their designees. All such officials shall provide comments and responses, if any, within 30 days of receipt of application.
[Ord. No. 2005-15 § I]
The Township Clerk shall issue a massage establishment permit, upon receipt of a yearly establishment permit fee of $250, and upon a finding that the applicant fulfills the following requirements as of the date of issuance of the permit.
a. 
All requirements of this section are fulfilled.
b. 
Compliance with all other statutes, codes or ordinances, including health, zoning, building and fire.
c. 
That the nature of the massage to be administered will not endanger the health or safety of the patrons of the massage establishment.
d. 
That none of the applicants has been convicted of any first or second degree criminal offense within the past five years, been convicted of a sex-related offense at any time, or has had a massage permit or similar license suspended or revoked at any time.
[Ord. No. 2005-15 § I; Ord. No. 2006-23 § I]
The Township Clerk shall issue a massage practitioner permit, upon receipt of a yearly practitioner permit fee of $100 and upon a finding that the applicant fulfills the following requirements as of the date of issuance of the permit:
a. 
All requirements of this section are fulfilled.
b. 
That the applicant has not been convicted of any first or second degree criminal offense within the past five years, been convicted of a sex-related offense at any time, or has had a massage permit or similar license suspended or revoked at any time.
c. 
That the applicant has submitted proof of certification by the New Jersey Board of Nursing, Massage, Bodywork and Somatic Therapy Examining Committee, pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37-16.4 or 16.5.
[Ord. No. 2005-15 § I]
a. 
If the Township Clerk determines that the applicant does not fulfill the requirements hereof or that the issuance of a permit would create a danger to the public health, safety or welfare, such permit shall not be issued.
b. 
Notice of a denial shall be served by the Township Clerk, upon the applicant, by regular mail at the address set forth in the application, which notice shall include the facts and the specific sections upon which the determination was made, and the right to request a hearing. Such request for a hearing must be received by the office of the Township Clerk by no later than 4:00 p.m. on the 10th calendar day after the date of the notice, or if such day is a weekend or holiday, on the next regular business day thereafter.
c. 
Upon such request, a hearing shall be held by the Township Committee, a subcommittee thereof, or by a Hearing Officer designated thereby, within 30 days after such request. A determination shall be made within 15 days of the hearing.
[Ord. No. 2005-15 § I]
a. 
Any permit issued pursuant to this section shall be nontransferable.
b. 
Any establishment operating pursuant to this section shall post and maintain the original establishment permit as well as the permits of all practitioners employed therein, in a conspicuous place upon the premises, at all times.
c. 
1. 
The Springfield Police Department or Springfield Health Officer, or a designee thereof, may from time to time make an inspection of any premises which is the subject of an establishment permit. Any such inspection shall be at a reasonable time and in a reasonable manner, but need not be upon notice. It shall be a violation of this section for any permit holder to fail to allow access to the premises for purposes of such inspection to hinder or delay such inspection in any manner.
2. 
Should any such inspection provide reasonable cause to believe there exists a violation of any applicable laws, rule, or regulation, additional inspections by other appropriate officials may be held to determine if such violations exist.
[Ord. No. 2005-15 § I]
a. 
Every portion of the massage establishment and all appliances, equipment, furniture and linens, shall be clean, well maintained and operated in a sanitary manner, and so as to preclude any danger to patrons or practitioners.
b. 
Each massage shall take place in an individual, private room, which shall be equipped with a massage table adequate to support the full body length, width and weight of each patron served.
c. 
Every practitioner and other employees, shall be clean and wear clean, nontransparent outer garments, and shall at all times maintain cover over their sexual and genital areas.
d. 
No practitioner shall work or be allowed to work when affected by any contagious or communicable disease, and may be required to present a certification from a licensed physician who has examined the person, so stating.
e. 
No person shall permit any person under the age of 18 years to enter or remain on the premises of a massage establishment, unless such persons is accompanied by a parent or legal guardian.
f. 
No person shall sell, give, dispense, provide or keep, or cause or allow to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of a massage establishment.
g. 
Each massage practitioner shall wash their hands with a bacteriostatic solution immediately before and after rendering any massage services.
h. 
It shall be unlawful and a violation of this section:
1. 
For any person in a massage establishment to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner or to massage a sexual or genital part of any other person.
2. 
For any person in a massage establishment to expose his or her sexual or genital parts, or any portion thereof, to any other person, or to expose the sexual or genital parts, or any portion thereof, of another person.
3. 
For any owner or operator of a massage establishment to knowingly cause, permit or allow any agent, employee or person under their control or supervision to perform any action prohibited by Subsection h1 or 2 herein.
[Ord. No. 2005-15 § I]
a. 
The Township Clerk may revoke or suspend the permit of any massage establishment upon a finding:
1. 
The applicant has made any false or misleading statements in the application.
2. 
Any provision of this section has been violated, or that any owner has become ineligible for a permit.
3. 
Any practitioner at the establishment has been allowed to perform a massage without obtaining or maintaining a practitioner permit, or after the permit holder is aware, or should have been aware, that any employee has been convicted of any offense which would disqualify such employee from receiving a practitioner permit, fails to terminate the employment of such employee.
b. 
The Township Clerk may revoke or suspend the permit of any massage practitioner upon a finding:
1. 
The applicant has made any false or misleading statements in the application.
2. 
Any provision of this section has been violated, or that the practitioner has become ineligible for a permit.
c. 
1. 
Notice of a proposed suspension or revocation shall be served by the Township Clerk, upon the permit holder, by regular mail at the address set forth in the application, which notice shall include the facts and the specific sections upon which the determination was made, and the right to request a hearing. Such request for a hearing must be received by the office of the Township Clerk no later than 4:00 p.m. on the 10th calendar day after the date of the notice, or if such day is a weekend or holiday, on the next regular business day thereafter.
2. 
Upon such request, a hearing shall be held by the Township Committee, a subcommittee thereof, or by a Hearing Officer designated thereby, within 30 days after such request. A determination shall be made within 15 days of the hearing.
3. 
A request for a hearing shall stay any revocation or suspension until a hearing is held and a determination made, unless the Township Clerk shall determine, and set forth in the notice, that such a stay would cause imminent harm to the public health, safety or welfare, in which case the permit shall be summarily suspended pending a hearing and decision, which shall be promptly held and made.
[Ord. No. 2005-15 § I]
All permits issued hereunder shall expire at 11:59 p.m. on December 31 of the year issued, and shall be renewable upon submission of a new application and fee, no later than November 1, of the prior year.
[Ord. No. 2005-15 § I]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. Each violation and each day any such violation shall continue shall constitute a separate offense.
[Ord. No. 2009-07 § I]
This section is enacted to implement an Act Concerning Charitable Clothing Bins, P.L. 2007, c. 209, as amended (N.J.S.A. 40:48-2.60 et seq.).
[Ord. No. 2009-07 § I]
No person shall place, use or employ a donation clothing bin, for solicitation purposes, within the Township without first obtaining a permit from the appropriate municipal agency, which agency shall be designated by resolution of the Township Committee of the Township of Springfield.
[Ord. No. 2009-07 § I]
a. 
An application for an initial permit hereunder shall be made to the appropriate municipal agency and shall include all information required by the general provisions of this chapter and as required by N.J.S.A. 40:48-2.61(a)(1).
b. 
An application for a renewal permit hereunder shall be made to the appropriate municipal agency and shall include all information required by the general provisions of this chapter and as required by N.J.S.A. 40:48-2.61(a)(4).
c. 
All such applications shall be in writing, signed and sworn to by the applicant.
d. 
A nonrefundable yearly application fee of $25 per bin shall be submitted with each application.
e. 
All permits shall run from the date issued to the last day of February, next. No application fee shall be pro-rated.
[Ord. No. 2009-07 § I]
a. 
No permit shall be issued if the proposed or continued placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.
b. 
The provisions of P.L. 2007, c. 209, as amended (N.J.S.A. 40:48-2.60 et seq.) shall be complied with at all times, including but not limited to the requirements of N.J.S.A. 40:48-2.61(b) requiring maintenance of a bona fide office, and of N.J.S.A. 40:48-2.61(c) requiring certain information to be conspicuously displayed on the exterior of each bin.
[Ord. No. 2009-07 § I]
All complaints shall be received and investigated pursuant to N.J.S.A. 40:48-2.62.
[Ord. No. 2009-07 § I]
In addition to any other penalties or remedies authorized by law, any person who violates the provisions of P.L. 2007, c. 209, as amended (N.J.S.A. 40:48-2.60 et seq.), which results in seizure of a donation clothing bin shall be subject to the penalties set forth in N.J.S.A. 40:48-2.63.
[Ord. No. 2009-07 § I]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. Each violation and each day any such violation shall continue shall constitute a separate offense.
[Ord. No. 2010-18]
Any person, partnership or corporation in the full- or part-time business of purchasing precious metals or jewels in the Township of Springfield must, prior to engaging in such business, be duly licensed by the Township. The licensing procedure is to be accomplished as follows.
[Ord. No. 2010-18]
a. 
The business entity shall authorize a representative to complete a registration application.
b. 
The registration application shall be made available to persons wishing to secure same through the Township Clerk's office.
c. 
The registration shall thereafter be filed with the highest ranking officer within the Division of Police, or his or her designee.
d. 
The registration form shall be executed by that person or persons who are responsible for the day-to-day operation of the business. Where a corporation is involved, the president of the corporation shall sign same, and, where partnerships are involved, the managing partner shall sign same.
e. 
The registration form shall contain the following information:
1. 
The names and current addresses and telephone numbers of all principals of the business. If the business is a corporation, then the information shall include the names and current addresses and telephone numbers of all stockholders.
2. 
The place or places where the business entity shall operate from, as well as a listing of the hours when the entity proposes to conduct business.
3. 
The names and addresses of three business references.
4. 
A statement by the applicant that no principal of the business entity has any arrests or convictions of any crimes. In cases of a corporation, the certification shall apply to all stockholders. If there is an arrest or conviction record, same must be disclosed.
5. 
A list of business and home addresses of all principals of the business for the past five years.
6. 
The registration must also include a photograph of the person who will manage the day-to-day operation of the business, and that individual must also agree to be fingerprinted by the Division of Police.
[Ord. No. 2010-18]
As to those business entities which are governed by this section and who are already doing business in the Township prior to the effective date of this section (this section was adopted June 22, 2010), then the businesses shall be licensed within 30 days of the effective date of this section.
[Ord. No. 2010-18]
The annual fee for the license shall be $100. All such licenses shall be issued for a period of one year commencing January 1 and expiring December 31 next following the date of issuance, and there shall be no rebate for any lesser time. The license shall be conspicuously exhibited upon the premises licensed thereunder.
[Ord. No. 2010-18]
Any person, partnership or corporation in the business buying precious metals or gems who buys, attempts to buy or offers to buy precious metals or gems on the basis of bulk value from any person who is not in the business of selling precious metals or gems in the Township of Springfield shall maintain a written record of all purchases and shall be subject to this section.
[Ord. No. 2010-18]
The record shall be in a book, non-loose-leaf form, with all pages numbered in sequence. All entries shall be made in pen or ink. There shall be no spaces between entries, and each entry shall be numbered in sequence.
[Ord. No. 2010-18]
The record shall contain the following information:
a. 
Date of sale.
b. 
Name and address of seller.
c. 
Detailed description of items purchased.
d. 
Purchase price.
[Ord. No. 2010-18]
The purchaser shall require that the seller present current, reliable identification. The record shall reflect the nature of the identification presented and the identification number shall be recorded for that specific form of identification, (i.e. drivers license number).
[Ord. No. 2010-18]
The purchaser shall make the record available for inspection to any law enforcement officer, upon demand, without the need for advance notice. The record shall be kept at the purchaser's business premises.
[Ord. No. 2010-18]
Each dealer doing business in the Township of Springfield shall deliver to the highest ranking office within the Division of Police, or his or her designee, the description of all items purchased, received or sold, within 72 hours of the completion of the transaction, on forms prescribed by the Springfield Township Division of Police.
[Ord. No. 2010-18]
No dealer shall sell, melt, change the form of or dispose of any articles purchased or received for a period of 20 days from the date the notification is made to the highest ranking office within the Division of Police, or his or her designee. All such items shall remain on the premises where the purchase was made until the expiration of the time period set forth herein.
[Ord. No. 2010-18]
Any person who shall violate any provision of this section or shall fail to comply with any of the requirements thereof shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 8-4-2021 by Ord. No. 2021-19]
It is the purpose and intent of this section to regulate cannabis businesses in the Township of Springfield in accordance with the provisions of P. L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" which is codified at N.J.S.A. 24:6I-31 et seq., as well as the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307, which is codified at N.J.S.A. 24:6I-1 et seq., and also in accordance with all applicable rules and regulations adopted by the Cannabis Regulatory Commission.
Nothing in this section is intended to authorize the possession, use, or provision of cannabis or medical cannabis for purposes which violate state or federal law. The provisions of this section are in addition to any other permits, licenses and approvals which may be required to conduct business in the Township of Springfield, and are in addition to any other permits, licenses and approvals required under federal, state, county, or other applicable law.
[Added 8-4-2021 by Ord. No. 2021-19]
Whenever a term is used in this section which is defined either in N.J.S.A. 24:6I-33 et seq., or in the rules and regulations adopted by the Cannabis Regulatory Commission, such term is intended to have the meaning as defined in said statute, rules, or regulations, unless specifically defined to the contrary in this section. In addition, the terms listed below shall have the following meanings as used in this section:
CANNABIS BUSINESS
Encompasses cannabis establishments, cannabis distributors, cannabis delivery services, and alternative treatment centers.
STATE LICENSE OR PERMIT
Shall mean a license or permit issued by the State of New Jersey, or by its commission, agency, department or division, which authorizes the holder to operate a cannabis business in the State of New Jersey.
[Added 8-4-2021 by Ord. No. 2021-19]
No individual, partnership, corporation, or other legal entity shall engage in any cannabis-related business activity, including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, sale or distribution of cannabis (including medical cannabis) or a cannabis product within the Township of Springfield unless the person or entity: (1) has a valid local license issued by the Township to operate a cannabis business of the appropriate class; (2) has a valid state license or permit to operate a cannabis business of the appropriate class; and (3) is currently in compliance with all applicable state and local laws and regulations pertaining to cannabis (including medical cannabis) and cannabis businesses.
[Added 8-4-2021 by Ord. No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31]
a. 
The maximum number of local licenses that may be issued by the Township for each class of cannabis business at any given time, along with the corresponding annual fee, are listed in the table below:
Class of License
Maximum Number of Licenses
Annual License Fee
Class 1 (Cannabis Cultivator)
1
$5,000
Class 2 (Cannabis Manufacturer)
1
$5,000
Class 3 (Cannabis Wholesaler)
1
$5,000
Class 4 (Cannabis Distributor)
1
$5,000
Class 5 (Cannabis Retailer)
1
$5,000
Class 6 (Cannabis Delivery Service)
1
$5,000
Alternative Treatment Center
1
$5,000
b. 
The annual fees set forth in paragraph a above shall apply to local licenses issued by the Township in the 2021 and 2022 calendar years. Prior to the end of the 2022 calendar year, and up to once per year thereafter, the Township Committee may reevaluate and modify these annual fees by way of resolution, with respect to local licenses issued by the Township in subsequent calendar years.
c. 
This subsection is only intended to establish, for each class of cannabis business, the maximum number of local licenses that may be active at any given time. Nothing in this subsection creates a mandate that the Township must issue any or all of the local licenses potentially available.
d. 
An alternative treatment center shall also be required to obtain the corresponding class(es) of local license for any business activities which include recreational use cannabis.
e. 
A person or entity may hold more than one local license (i.e., the same entity may hold both a Class 1 and Class 2 license).
f. 
The validity of any local license issued by the Township pursuant to this section shall be contingent on the licensee's receipt of a state permit or license for the same class or type of regulated cannabis activity.
[Added 8-4-2021 by Ord. No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31; 6-28-2022 by Ord. No. 2022-16]
a. 
Any person or entity seeking a license to operate a cannabis business within the Township shall submit an application to the Township Clerk, using a standardized form which shall be made available at the Township Clerk's office and on the Township's website. Failure to include all information required by this form shall result in an application being deemed incomplete.
b. 
To be deemed complete, all applications must be accompanied by the following:
1. 
A copy of all documents submitted by the applicant to the Cannabis Regulatory Commission, and/or to any state agency, in connection with an application for a license or permit to operate a cannabis business.
2. 
A copy of all documents received by the applicant from the Cannabis Regulatory Commission, and/or from any state agency, in connection with an application for a license or permit to operate a cannabis business, including any notices of qualification or disqualification.
3. 
Proof that the applicant has or will have lawful possession of the premises proposed for the cannabis business, which proof may consist of: a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing.
4. 
A scale drawing of the interior of the premises showing all entrances and exits to and from the place where the business is to be conducted; the location and placement of all fire detection and fire suppression equipment (i.e., smoke detectors, hoses, extinguishers, sprinkler systems, etc.); and the location of all fire exits.
5. 
A scale drawing showing the proposed plan of evacuation for the premises in the event of an emergency.
6. 
A security plan that meets the requirements of Subsection 4-33.14, and includes sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis business.
7. 
A waste disposal, recycling, and sanitation plan, including, but not limited to, all measures to be taken with respect to the disposal of any cannabis products, components, or materials.
8. 
A certification of compliance with all state and local laws regarding affirmative action, anti-discrimination and fair employment practices. The applicant shall also certify under oath that they will not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.
c. 
All applications must be accompanied by a nonrefundable application fee of $1,000.
d. 
All applications shall also include the corresponding annual license fee set forth in Subsection 4-33.4a for each license sought, which shall be refunded if the application is denied.
e. 
If, pursuant to Subsection 4-33.5b, the corresponding annual license fee is modified by the Township after its receipt of a complete application, but before a local license is issued to the applicant in a subsequent calendar year, then one of the following will apply:
1. 
If the new annual license fee is lower than the fee that was in effect on the date that the Township received a complete application, the Township will refund the difference to the applicant at the time the local license is issued.
2. 
If the new annual license fee is higher than the fee that was in effect on the date that the Township received a complete application, the applicant will be required to pay the difference to the Township before the local license is issued.
f. 
Applicants shall have a continuing obligation to amend or supplement their application with any changes and/or additions to the information and documents submitted with such application, including the status of any application for site plan approvals or requests for variances within the Township.
[Added 8-4-2021 by Ord. No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31]
a. 
Upon receipt of a complete application for a new license or license renewal, the Township Clerk shall forward same for review and comment to: the Chief of Police, the Chief of Fire, the Zoning Officer, the Health Officer, the Township Administrator, and such other officials as deemed appropriate. The above-mentioned officials shall provide responses, including any comments and/or recommendations, within thirty (30) days of receipt.
b. 
After receiving responses pursuant to paragraph a of this subsection, and after receiving notice that the applicant has received all applicable site plan approvals and variances, the Township Clerk, in consultation with the Township Attorney and Township Administrator, shall forward the application, along with all related comments and recommendations, to the Township Committee for consideration at an upcoming regular meeting.
1. 
Upon making a determination that the applicant has satisfied the requirements of this section, the Township Committee shall adopt a resolution approving the cannabis business application, a copy of which shall be provided to the New Jersey Cannabis Regulatory Commission pursuant to N.J.S.A. 24:6I-45.
2. 
The Township Committee may approve more applications for a particular class of cannabis business than the maximum permitted number of local licenses for that class as set forth in Subsection 4-33.4. However, a local license shall only be issued to applicants who meet all of the requirements of Subsection 4-33.7.
3. 
If the Township Committee approves of more applications than there are available local licenses for a particular class of cannabis business, the Township Committee shall adopt a resolution ranking the approved applicants in order of preference, a copy of which shall be provided to the New Jersey Cannabis Regulatory Commission pursuant to N.J.S.A. 24:6I-36.
4. 
Following the New Jersey Cannabis Regulatory Commission's initial adoption of rules and regulations pursuant to N.J.S.A. 24:6I-35, the Township's Administration shall develop criteria for the Township Committee's use in ranking approved applicants under subparagraph b,3 above. These criteria shall be adopted by resolution of the Township Committee, and may be reevaluated and modified from time to time by way of resolution.
c. 
The Township Committee shall have the discretion to impose additional requirements beyond those set forth in this section and pursuant to the recommendations received pursuant to paragraph a of this subsection, as conditions on its approval of any cannabis business license.
[Added 8-4-2021 by Ord. No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31]
The Township Clerk shall issue a cannabis business license only after receiving:
a. 
A resolution of the Township Committee approving the cannabis business application.
b. 
A copy of the applicant's state license and/or permit.
c. 
A certificate of occupancy for the premises to be used by the cannabis business.
d. 
A signed hold harmless and indemnification agreement, pursuant to Subsection 4-33.17.
e. 
All outstanding fees payable to the Township, including any fees assessed pursuant to Subsection 4-33.5e,2.
[Added 8-4-2021 by Ord. No. 2021-19]
All license denials shall be forwarded to the New Jersey Cannabis Regulatory Commission pursuant to N.J.S.A. 24:6I-45. The Township Clerk shall deny an application under this section for any of the following reasons:
a. 
The applicant has not included all of the information, documents, and fees required to be submitted with the application, and has failed to correct such deficiencies within 30 days of being notified by the Township Clerk.
b. 
The Clerk becomes aware that the Township's Planning Board or Zoning Board of Adjustment has determined that the location and use of the premises covered by the application does not conform to all applicable Township ordinances and provisions of the Township Code.
c. 
The applicant has been denied a state license or permit to operate a cannabis business.
d. 
The Township has already issued the maximum number of local licenses for the proposed class of cannabis business.
[Added 8-4-2021 by Ord. No. 2021-19]
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 submitted prior to the close of business on December 1 (or the next business day, if December 1 falls on a weekend or a holiday).
b. 
Applications for renewal shall be accompanied by the same information and documentation required for a new license application under Subsection 4-33.5. An application for renewal may incorporate, by reference, information and documents previously submitted by the applicant. However, the application must note any changes to previous submissions, and include any new information and/or documents.
[Added 8-4-2021 by Ord. No. 2021-19]
No license granted pursuant to this section shall be transferable to any other premises, nor assignable or transferable in any manner or to any other person or entity, except with the consent of the Township Committee.
[Added 8-4-2021 by Ord. No. 2021-19]
Suspension of a state license or permit shall immediately suspend the ability of a cannabis business to operate within the Township, until the State of New Jersey, or its respective commission, agency, department or division, reinstates or reissues the state license or permit. Should the State of New Jersey, or any of its commissions, agencies departments or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall automatically revoke or terminate the ability of a cannabis business to operate within the Township.
[Added 8-4-2021 by Ord. No. 2021-19]
The original copy of the cannabis business license issued by the Township pursuant to this section shall be posted inside the cannabis business in a location readily visible to the public.
[Added 8-4-2021 by Ord. No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31]
No cannabis business may serve customers or open to customers for business before 8:00 am, nor may any cannabis business serve customers or remain open to customers for business after 10:00 p.m.
[Added 8-4-2021 by Ord. No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31; 6-28-2022 by Ord. No. 2022-16]
a. 
All security measures must comply with applicable law and regulations, as well as with any terms and conditions imposed by state or local authorities on the issuance of a permit or license to operate a cannabis business.
b. 
Every cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis (including medical cannabis) or cannabis products, and to deter and prevent the theft of cannabis (including medical cannabis) or cannabis products at the cannabis business. Except as may otherwise be determined by the Township Committee, these security measures shall include compliance with all State security regulations required under the licensee's state cannabis license, as those regulations may be amended from time to time.
c. 
Every cannabis business shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. As part of an application for a cannabis business license, each applicant shall prepare and submit a security plan for review and approval by the Chief of Police, which approval or denial will be based upon the security standards stated above and in compliance with any security measures agreed upon with the Chief of Police. Said plan shall remain updated and secured on file in the protective custody of the Police Department. The information provided for purposes of this section shall be maintained by the Police Department as confidential information and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction.
d. 
The Township Committee may impose further security requirements above and beyond the minimum security requirements imposed by state regulations, upon the recommendation of the Chief of Police based on the unique circumstances associated with a particular cannabis business. Such security requirements may include fencing that meets the approval of the Chief of Police, Chief of Fire, and Zoning Officer. Except as may otherwise be determined by the Township Committee, these security measures shall include compliance with all state security regulations required under the licensee's state cannabis license, as those regulations may be amended from time to time.
e. 
Every cannabis business shall identify a designated security representative/liaison to the Township, who shall be reasonably available to meet with the Township Administrator, the Chief of Police, the Chief of Fire, or their designees, regarding any security related measures or any operational issues.
f. 
Every cannabis business shall cooperate with the Township whenever the Chief of Police or his/her designee makes a request, upon reasonable notice to the cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement imposed pursuant to this subsection.
g. 
Every cannabis business shall notify the Chief of Police or his/her designee, as well as the Township Administrator, within 24 hours after discovering any of the following:
1. 
Significant discrepancies identified during inventory.
2. 
Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
3. 
The loss or unauthorized alteration of records related to cannabis, or employees or agents of the cannabis business.
h. 
When more than one cannabis businesses is located adjacent to, or in close proximity to another cannabis business, said businesses may present a joint security plan to the Chief of Police for review and approval to avoid redundant activity and excess costs, provided the required level of security and effectiveness are not compromised, as determined by the Chief of Police.
[Added 8-4-2021 by Ord. No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31]
a. 
Each cannabis business in the Township shall maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a cannabis business license issued pursuant to this section), or at any other time upon reasonable request of the Township Administrator, each cannabis business shall file a sworn statement detailing the number of sales by the cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request). The statement shall include gross sales for each month, and all applicable taxes paid or due to be paid.
b. 
Each cannabis business in the Township shall maintain a current register of the names and the contact information (including the name, home address, personal telephone number, and percentage of ownership) of anyone owning or holding an interest in the cannabis business, and all officers, managers, employees, agents and volunteers currently or formerly employed or otherwise engaged by the cannabis business. The register required by this paragraph shall be provided to the Township Administrator upon request. If at any time a corporation, LLC, company, trust or other entity holds an interest in a cannabis business, the register required by this paragraph shall also include the name and contact information of a person designated as being able answer all questions on behalf of that entity, together with the name and contact information of every person holding an interest in that entity. The designated representative shall provide whatever additional information the Township Administrator or the Chief of Police may reasonably request concerning the owners of that entity.
c. 
Each cannabis business in the Township shall maintain an inventory control and reporting system as required by state law.
d. 
Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each cannabis business shall allow Township officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its licensed cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than five business days after receipt of the Township's request, unless otherwise stipulated by the Township.
[Added 8-4-2021 by Ord. No. 2021-19; amended 12-14-2021 by Ord. No. 2021-31]
a. 
A transfer tax, payable to the Township, shall be imposed on the sale of cannabis, medical cannabis, and cannabis items by a cannabis business located within the Township, regardless of whether such sales are made to other cannabis businesses, retailer consumers, or any combination thereof. The tax authorized by this paragraph shall be imposed at the following rates:
1. 
Two percent (2%) of the receipts from each sale by a cannabis cultivator.
2. 
Two percent (2%) of the receipts from each sale by a cannabis manufacturer.
3. 
Two percent (2%) of the receipts from each sale by a cannabis retailer.
4. 
Two percent (2%) of the receipts from each sale by an alternative treatment center.
5. 
One percent (1%) of the receipts from each sale by a cannabis wholesaler.
b. 
A user tax, payable to the Township, shall be imposed on a cannabis business license holder that concurrently operates more than one cannabis establishment, on each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed pursuant to paragraph a of this subsection, from the license holder's cannabis establishment located in the Township to any of the license holder's other cannabis establishments (whether located inside or outside of the Township). The tax authorized by this paragraph shall be imposed at the same rates set forth in paragraph a of this subsection.
c. 
The transfer or user tax imposed pursuant to paragraphs a and b of this subsection shall be collected by the cannabis business making the sale, transfer, or use, and such tax shall be stated, charged, and shown separately on any sales slip, invoice, receipt, or other statement or memorandum of the price paid or payable, or equivalent value of the transfer, for the cannabis or cannabis item.
d. 
For each calendar quarter, no later than thirty (30) days after the last day of the month in March, June, September, and December, each cannabis business in the Township shall:
1. 
File a return with the Township's Chief Financial Officer, in a form satisfactory to the Township, setting forth the amount of sales by the cannabis business in the relevant quarter, and the amount of tax owing based upon such sales.
2. 
Remit payment to the Township's Chief Financial Officer in the amount of taxes shown on the return submitted pursuant to this paragraph.
e. 
The Township may require cannabis businesses to submit such other information as the Township deems necessary for proper administration of this subsection.
f. 
The Township shall enforce the payment of delinquent taxes under this subsection in the same manner as provided for municipal property taxes.
[Added 8-4-2021 by Ord. No. 2021-19]
To the fullest extent permitted by law, the Township shall not assume any liability whatsoever with respect to having issued a cannabis business license pursuant to this section or otherwise approving the operation of any cannabis business. As a condition to the issuance of any license under this section, the applicant shall be required to execute an agreement, in a form approved by the Township Attorney, in which the applicant agrees:
a. 
To indemnify, defend, and hold harmless the Township and its officers, officials, employees, representatives, and agents, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the Township's issuance of the cannabis business license, the Township's decision to approve the operation of the cannabis business or activity, the process used by the Township in making its decision, or the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents.
b. 
To maintain insurance at coverage limits, and with conditions deemed necessary and appropriate from time to time by the Township.
c. 
To reimburse the Township for all costs and expenses, including but not limited to attorney fees and costs and court costs, which the Township may be required pay as a result of any legal challenge related to the Township's approval of the applicant's cannabis business license, or related to the Township's approval of the applicant's cannabis-related activities. The Township may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of its obligations under this paragraph.