[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:
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]
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.
Shall mean that portion of the establishment to which the
general public is permitted access.
Shall mean the Board of Health as prescribed by N.J.S. 26:3-1.
Shall mean that portion of the establishment to which the
customer is not permitted access and used for general maintenance
and storage purposes.
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:
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]
[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.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 2010-21,
2011-27, 2014-13.
[Ord. No. 2015-20]
Definitions used in this section:
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]
[1991 Code § 279-1]
As used in this section:
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.
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:
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.
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.
Shall mean any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
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:
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:
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]
[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]
[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]
[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:
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.
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.
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.
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]
[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:
Shall mean the Township Code Official.
Shall mean any newsrack located in a public area on the effective
date of this section.
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.
Shall mean a committee composed of the Township Engineer, the Township Administrator and the Chief of Police, established pursuant to Subsection 4-21.4.
Shall mean:
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.
[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]
[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]
a.
The Township of Springfield Farmer's Market will begin on the first
Sunday following Independence Day and conclude on the last Sunday
in October in each year, on a day designated by resolution of the
Township Committee.
b.
The hours of operation shall be from 12:00 p.m. to 7:00 p.m., or
as designated by resolution of the Township Committee.
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 on a
designated portion of the parking lot at the Jonathan Dayton High
School, or at such other location as designated by resolution of the
Township Committee.
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.
[Ord. No. 2000-02 § 4-22.3; Ord. No. 2010-13]
[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:
Shall mean the building which fronts on the sidewalk or other
area where the outdoor cafe is or is proposed to be located.
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.
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.
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.
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:
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.
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:
Shall mean a towing operator who has been licensed pursuant
to this section.
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.
Shall mean a towing operator's principal place of business
where tow vehicles are stationed when not in use.
Shall mean the operation of an unengaged tow truck along
the public streets in any fashion intended, likely or calculated to
solicit business.
Shall mean from 8:00 a.m. to 4:30 p.m., Monday through Friday,
excepting New Jersey State holidays.
Shall mean all times other than Day.
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.
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.
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.
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.
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.
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]
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]
[Ord. No. 2005-15 § I]
As used in this section:
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.
Shall mean any establishment where any person engaged in
or is permitted to engage in the practice of massage.
Shall mean any person who shall engage in or perform a massage,
for any consideration whatsoever.
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.
[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.
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]
[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]
[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:
[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:
Encompasses cannabis establishments, cannabis distributors,
cannabis delivery services, and alternative treatment centers.
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:
[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.
