[1972 Code § 37A-1; Ord. No. 1533-91]
The purpose of this section is to promote the public safety
and welfare by alleviating conditions which lead to an unnecessary
drain on manpower, time, facilities and finances of the Borough and
its Police Department and Fire Department by establishing standards
and regulations concerning the installation, operation and maintenance
of alarm systems within the Borough.
[1972 Code § 37A-2; Ord. No. 1533-91]
As used in this section:
Shall mean the fee payable to the Borough for excessive false
alarm activations or other violations as set forth in this section.
Shall mean any person or entity owning or employed by an
alarm business, whose duties include the altering, selling, servicing,
responding to, or causing others to respond to an alarm system or
device.
Shall mean any business which engages in the activity of
installing, leasing, maintaining, repairing, replacing, selling, servicing
or responding to an alarm system or device which causes any of these
activities to take place. This definition shall not include retail
department stores which only sell and do not service or install alarm
systems or devices.
Shall mean any console or control panel or devices giving
a visual or audio response, or both, and located within the confines
of the Manasquan Police Department.
Shall mean any alarm, device or combination of devices installed
for or in one or more buildings, boats or vehicles within the Borough.
Shall mean any type of equipment, device or an assembly of
any equipment or devices designed to signal the presence of an emergency
or hazard requiring urgent attention and to which police and fire
departments or other emergency services may be expected to respond.
Shall mean any device, such as a bell, siren, whistle, horn
or gong, employed to call attention to or provide warning of intrusion
by any person or by fire, smoke, flood, emergency or other peril,
whether the same provides a visual or audio response, alarm or warning,
if such warning is plainly audible across real property boundaries
or at any point 50 feet beyond the interior walls of the house, apartment,
offices, store, industrial building or other structure or at any point
50 feet beyond the boat or motor vehicle in or on which the alarm
system has been placed.
Shall mean any alarm device which automatically sends over
regular telephone lines, by direct connection or otherwise, a prerecorded
voice message coded signal indicating the existence of the emergency
situation that the alarm system is designed to detect.
Shall mean a communications center receiving signals from
an alarm signaling device which is operated for its subscribers, and
which will take appropriate action upon receipt of an emergency signal
from an alarm signaling device, including the relaying of such information
directly to the communication center of the Police Department.
Shall mean any member of the Police Department or Code Enforcement
Department, who may also function as the alarm system inspector.
Shall mean any alarm device which automatically sends over
regular telephone lines, by direct connection or otherwise, a prerecorded
voice message coded signal indicating the existence of the emergency
situation that the alarm system is designed to detect.
Shall mean any alarm signaling system other than an automatic
dialing device which, when activated by an alarm signaling device,
transmits a signal directly to the communications center or the Police
Department.
Shall mean the actuation of an alarm system by causes other
than those to which the alarm system was designed or intended to respond.
Shall mean any person or entity that buys, leases or otherwise
obtains an alarm signaling system and thereafter either contracts
with or hires an alarm business to monitor and/or service the alarm
device, or performs such service him/herself.
Shall mean an alarm system whereby a signal is sent to a
contractor who transmits the occurrence of an alarm to the Police
Department by telephone.
[1972 Code § 37A-3; Ord. No. 1533-91]
a.
Prohibition. No person shall operate an audible alarm, dial alarm,
panel alarm or third party alarm within the Borough without first
registering the alarm system as provided in this section, except as
follows:
b.
Contents of Alarm Registration Form. Each form shall contain the
following:
1.
Name, address, and the business and residence telephone numbers of
the applicant.
2.
Name, address and telephone number for the alarmed premises, if other
than that given for applicant.
3.
Names addresses and residence telephone numbers of at least two persons
acquainted with the alarm system who can be contacted in the event
of an emergency or false alarm.
4.
Type of alarm device.
5.
Name, address and business telephone number of the installer.
6.
Other information as may be required by the Chief of Police.
c.
Registration and License Duration. Registration and licensing shall
be required only once for each alarm system; however, emergency information
must be updated as registration information becomes obsolete.
d.
Revocation. A license to operate an alarm within the Borough may
be revoked by the Borough Council after an administrative review of
the Police Committee, for failure to comply with the requirements
of this section, for negligence in the operation of an alarm system
or for improper installation or maintenance of an alarm system. Revocation
of a license to operate an alarm will result in a suspension of response
to alarms and the disconnection of the alarm (if applicable) from
the panel located at Police Headquarters. The Borough, its officials,
employees and agents shall not be held liable for failure to respond
to alarms which are operated by persons without a license or with
a suspended license.
e.
Registration and License Fee. There shall be no fee to register and
obtain a license to operate an alarm system within the Borough.
[1972 Code § 37A-4; Ord. No. 1533-91]
All audible signaling devices shall be equipped with a timing
device to limit the sounding of the signaling device to 10 minutes
or less; provided, however, that the device may be capable of automatically
recycling for not more than one period having a duration of 10 minutes
or less.
[1972 Code § 37A-5; Ord. No. 1533-91]
a.
Automatic dialing devices designed to transmit signals directly to
the Police Department shall be coded to dial a number specified by
the Chief of Police.
b.
The contents of any recorded message from a dialer alarm must be
intelligible and in a format approved by the Chief of Police. No such
message shall be transmitted more than three times as a result of
a single stimulus of the mechanism. Messages shall not exceed 15 seconds,
and the time gap between delivery shall be approximately 10 seconds.
c.
All dial alarms shall be capable of being disconnected by the owner
to permit a call to the Police Department switchboard in the event
that a false alarm occurs.
d.
The sensory mechanism of a dial alarm shall be adjusted so as to
suppress false indications and to prevent its activation by impulses
due to pressure changes in water pipes, short flashes of light, wind,
noise, rattling or vibration of doors or windows, or other forces
unrelated to general alarms.
[1972 Code § 37A-6; Ord. No. 1533-91; Ord. No. 2180-15]
When an alarm activation is received by, or reported to, the Police Department it shall be the responsibility of the subscriber or his/her agent to respond within 30 minutes of being notified, to assist the Police in their investigation of the alarm activation. A failure to respond will result in an administrative fee as stated in Chapter 16, Fees. This fee shall be in addition to any fees assessed for excessive false alarms.
[1972 Code § 37A-7; Ord. No. 1533-91; Ord. No. 2180-15]
a.
Each license shall be allowed to incur up to five false alarms during
a twelve-month period. The twelve-month period shall run from January
1st to December 31st of each year. Alarms during the first 30 days
of installation will not be counted in order to allow installers to
correct problems with the installation or equipment.
c.
No-Response Category. Following the 15th false alarm within the twelve-month
period, the Police Department shall have the option to notify the
subscriber and the appropriate alarm company if known, that the subscriber
has been placed in the no-response category. After proper notification
to the subscriber, the Borough shall not be liable for any loss which
results from the Police not responding to any alarm at that location.
d.
Response Status Reinstatement. In order for the subscriber to be
reinstated to a response status, the subscriber must provide written
proof to the Chief of Police that the alarm has been repaired and
is operating properly. Approval may be given on a trial basis for
60 days.
e.
Multiple Alarms in Short Period. Notwithstanding the foregoing, where
two or more false alarms are received within a short duration of time
by the Police Department due to equipment malfunction only, the Chief
of Police, in his discretion, may count the incidents as one false
alarm for the administrative fee provision of this section.
f.
Appeal to Police Committee. Whenever the Chief of Police (or his
designee) is empowered to make a decision with respect to: the installation,
operation and maintenance of any alarm equipment; or with respect
to the issuance or denial of any application relating thereto; or
in the imposition of any administrative fee, any person or entity
aggrieved by the decision may, within 10 days following the decision,
file a written appeal therefrom with the Police Committee, which shall
review the appeal and conduct a hearing to affirm, modify or reverse
the decision.
[1972 Code § 37A-8; Ord. No. 1533-91]
a.
Alarm Console License. There is hereby established a police alarm
console license which shall be granted only after advertisement for
bids as required by the Local Public Contracts Law. Any such licensee
shall have exclusive use and control of the alarm console, except
for the use by the Borough of Manasquan, and such licensee will be
responsible, at no cost to the Borough, for the establishment, construction
and installation of the console containing equipment and being of
a design approved by the Chief of Police or his designated representative
and for the care, maintenance and management thereafter of the console,
if necessary, under the supervision of the Chief of Police or his
designee at no cost to the Borough. The licensee will assume all liability
for the police alarm console and shall indemnify and hold harmless
the Borough, its officials, employees and agents for any act of whatsoever
nature related to the alarm console system.
b.
Length of License. The alarm console license shall be for a term
of three years.
c.
Determination of Licensee. The alarm console license as provided
for herein shall be awarded by the Borough Council after advertisement
for bids as required by the Local Public Contracts Law.
d.
Alarm Console Maintenance and Repairs. The licensee shall be responsible
for the maintenance of the alarm console and shall provide for twenty-four-hour
repair service, at no cost to the Borough. Emergency repair service
numbers must be provided to the Police Department and all response
must be within two hours of notification.
e.
Registration of Subscribers to Alarm Board. Subscribers to the licensee's
alarm console shall meet all requirements of, and be subject to, all
provisions of this section including but not limited to, registration
requirements and administrative penalties for excessive false alarms.
[1972 Code § 41-1; Ord. No. 963; Ord. No. 1010]
It is hereby determined, declared and found that this municipality
constitutes a seashore resort, with part thereof constituting an amusement
or entertainment area according to the customary understanding of
the terms in the community and which the part thereof is more particularly
described as follows:
All that area bounded on the west by the eastern boundary of
First Avenue; on the east by the monumental beachfront line; on the
north by the northerly boundary line of B-2 Zone north of East Main
Street as shown on the Zoning Map of the Borough of Manasquan; and
on the south by Brielle Road.
[1972 Code § 41-2; Ord. No. 963]
It shall be unlawful for any person, firm or corporation to
operate any amusement game or games or amusement device for business
purposes within this Borough without first obtaining a license from
the Mayor and Council.
[1972 Code § 41-3; Ord. No. 963]
As used in this section:
Shall include any machine or apparatus, whether coin-operated
or not, which is employed for amusement or skill and for the playing
of which a fee is charged and regardless of whether or not any prizes
or things of value are awarded to participants. This definition shall
include but shall not be limited to such devices as pool and billiard
tables, bowling alleys, pinball machines, shuffleboards and electronic
games of skill or chance. The term "amusement device" shall not include
vending machines which have no game or amusement feature, or music-producing
apparatus.
Shall include all games as defined in the Amusement Games
Licensing of New Jersey, Chapter 109, P.L. 1959, as well as all games
for which a fee is charged and for which no prizes or things of value
are awarded participants.
[1972 Code § 41-4; Ord. No. 963; Ord. No. 967; Ord. No. 1570-92; Ord.
No. 1735-98 §§ 1 — 3]
a.
Each applicant for a license shall file with the Municipal Clerk
a written application in a form to be provided by the Borough and,
where applicable, in accordance with the New Jersey Amusement Games
Licensing Law and the rules and regulations of the Amusement Games
Control Commission. All applications shall contain the following information:
1.
Name and address of the applicant and, if a corporation, the names
of its principal officers, its principal office and the agent for
service of process.
2.
The location and description of the premises where any amusement
game or amusement device is to be located.
3.
A description of each amusement game and each amusement device, together
with the amount charged for the use of same.
b.
No license shall be issued except to persons of good moral character
and who are approved by the Borough Council.
c.
Subject to the provisions of Amusement Games Licensing Law of New
Jersey, one license may issue for each location where amusement games
or devices are to be employed.
[1972 Code § 41-5; Ord. No. 963; Ord. No. 1005; Ord. No. 1229; Ord. No.
1362; Ord. No. 1436; Ord. No. 2180-15]
b.
Each applicant shall pay a fee as established by the New Jersey State
Police for fingerprinting and issuance of identification cards, when
required under the rules and regulations promulgated by the Amusement
Games Control Commissioner for each licensee and employee of the licensee.
[1972 Code § 41-6; Ord. No. 963]
a.
Amusement games and devices shall be kept and placed in plain view
of any person or persons who may frequent and be in any place or place
of business where such devices or games are used. Nothing in this
section shall be construed to authorize or license any gambling device
or game not specifically permitted by the laws of New Jersey. No windows,
doors or other openings in buildings where such devices or games are
located shall be in any way obstructed so as to limit the view of
the games or devices from outside the building.
b.
The Mayor and Council shall have and exercise control and supervision
over all amusement games and devices located in the Borough.
c.
The Chief of Police shall inspect or cause to be inspected any place
or building in which amusement games or devices are operating and
shall inspect each device or game at least twice in each month that
the same are in operation.
d.
Minors under the age of 18 years shall, under no circumstances, be
permitted to frequent, loiter or remain in any premises where pool,
billiards and similar table games are provided for public use and
for a fee or charge, except with the express consent of the parent,
guardian or other person having lawful custody of such minor.
e.
No gambling between participants in any amusement games or the users
of any amusement device shall be permitted at any time.
[1972 Code § 41-7; Ord. No. 963]
In the event that any licensee shall violate any of the provisions
of this section or the Amusement Games Licensing Law or the rules
and regulations promulgated by the State Amusement Games Control Commissioner
or the terms of such license, in addition to suffering any other penalties
which may be imposed, will forfeit any license issued to the licensee
under this section.
[1972 Code § 41-8]
Pursuant to the rules of the Legalized Games of Chance Commission
to the State of New Jersey, the conduct of such games on Sundays is
hereby specifically authorized.
[1]
Editor's Note: Former Section 4-5, Canvassers and Solicitors,
previously codified herein and containing portions of 1972 Code §§ 69-1
through 69-12 was repealed in its entirety by Ordinance No. 1948-05.
[Ord. No. 1939-04 § 1]
It is the purpose of this section to protect the safety of residents
of the Borough of Manasquan, to prevent fraud from being perpetrated
upon them and to protect their privacy, while balancing such interests
against the opportunity for commercial, political, religious, charitable,
and nonprofit organizations to exercise their rights of free speech.
[Ord. No. 1939-04 § 2]
a.
Word Usage. For the purpose of this section, certain words or phrases
shall be interpreted in the following manner:
b.
APPLICANT
BOROUGH
EMPLOYER
PERMIT
SOLICITATION
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application.
Shall mean a person or entity seeking to obtain a permit
for solicitation from the Borough of Manasquan.
Shall mean the Borough of Manasquan, Monmouth County, New
Jersey.
Shall mean any individual or entity providing compensation,
in any form whatsoever, to an individual engaged in solicitation within
the Borough of Manasquan.
Shall mean a permit for solicitation issued by the Borough
of Manasquan pursuant to the provisions of this section.
Shall mean to go in or upon private property in the Borough
of Manasquan without having been invited to do so by the owner or
occupant, for the purpose of (1) advertising, promoting, or selling
any product, goods, or service; or (2) conducting market research
or a market or opinion survey regarding commercial products or services.
By way of illustration and not of limitation, solicitors shall include
peddlers, hawkers, itinerant merchants and transient vendors of goods
or services. Solicitation shall also include the placement upon private
property of handbills or other written material advertising goods
or services for sale. Solicitation shall also include the sale of
goods or services which the solicitor promises to donate or delivery
to a charitable or other nonprofit institution on behalf of the purchaser.
Solicitation shall not include the entry upon private property without
prior invitation of the owner or occupant by any person representing
an entity which (1) qualifies for tax exempt status under the Internal
Revenue Code; (2) qualifies for exemption from property tax under
N.J.S.A. 54:4-3.6; (3) qualified for exemption from sales tax under
N.J.S.A. 54:32B-9; or (4) was created under or is otherwise subject
to the provisions of Title 15A of the New Jersey Statutes.
[Ord. No. 1939-04 § 3]
No person or entity shall engage in solicitation within the
Borough without first having obtained a permit pursuant to the provisions
of this section. Failure to obtain a permit prior to solicitation
shall constitute a violation of this section. Each day of solicitation
without a valid permit shall constitute a separate violation of the
section.
[Ord. No. 1939-04 § 4]
Door-to-door canvassing, solicitation, campaigning, advocacy,
education, proselytizing, handbill distribution, or other entry upon
private property by individuals representing any entity which (1)
qualifies for tax-exempt status under the Internal Revenue Code; (2)
qualified for exemption from property tax under N.J.S.A. 54:4-3.6;
(3) qualifies for exemption from sales tax under N.J.S.A. 54:32B-9;
or, (4) was created under or is otherwise subject to the provisions
of Title 15A of the New Jersey Statutes, shall be exempt from the
provisions of this section. Solicitation of donations by any such
organizations shall not constitute solicitation as defined in this
section. Individuals representing such organizations may request a
copy of the Borough's "Do Not Solicit" list for their information,
but no penalties shall be imposed if they enter in or upon a property
identified on the "Do Not Solicit" list.
[Ord. No. 1939-04 § 5; Ord. No. 2063-10 § 2; Ord. No. 2180-15]
a.
Any person seeking to engage in solicitation within the Borough shall
apply to the Police Department for solicitation permit.
b.
An applicant for a solicitation permit shall be required to provide
the following information in writing:
1.
The name of each individual who will engage in solicitation within
the Borough;
2.
The present address of each individual who will engage in solicitation
within the Borough.
3.
As to each such individual, whether the individual has ever been
convicted of a crime, and if so, the nature of the conviction, where
convicted, the date of conviction, and the penalty imposed;
4.
The employer or organization for which solicitation will be made;
5.
The address of the employer or organization;
6.
The telephone number of the employer or organization;
7.
The name of the contact person at the offices of the employer or
organization;
8.
The type of goods or services to be sold, or the type of survey or
research to be conducted;
9.
As to any vehicle to be used by the applicant, the make, model, year,
color and license plate information of the vehicle; and
10.
The expected dates of solicitation within the Borough.
c.
An applicant for a solicitation permit shall also be required to
produce photo identification, which the Police Department will photocopy
and attach to the application form.
d.
The application form shall be signed by the applicant, under penalty
of perjury.
e.
Application forms, including photographic identification, shall be
retained by the Police Department.
g.
Misrepresentation, false statements, or failure to disclose information
on the solicitation permit application form shall constitute a violation
of this section.
[Ord. No. 1939-04 § 6]
The Chief of Police or, in his absence, the officer in charge
of the Police Department, shall issue a permit and identification
badge upon completion of the solicitation permit application form.
The permit and badge shall be issued to any and all applicants who
complete the application form and provide photo identification. A
separate permit and badge shall be issued to each individual who engages
in solicitation within the Borough. The permit shall be signed by
the Chief of Police or, in his absence, the officer in charge of the
Police Department. The permit shall state the name of the individual,
the business or organization for which solicitation is made, and the
date the permit was issued.
[Ord. No. 1939-04 § 7]
Each individual engaging in solicitation within the Borough
shall carry the permit issued to him upon his person and display his
badge at all times while soliciting within the Borough, and shall
produce the permit and badge if requested to do so by the police or
any resident. Failure to carry the permit and/or display the badge
during solicitation shall constitute a violation of this section.
[Ord. No. 1939-04 § 8]
a.
A solicitation permit shall be effective for three months after the
date it is issued. Solicitation without a valid permit in effect shall
constitute a violation of this section.
b.
Solicitation shall take place within the Borough only between the
hours of 9:00 a.m. and 9:00 p.m. Solicitors are encouraged to wear
reflective clothing and/or to carry flashlights if soliciting after
dark.
[Ord. No. 1939-04 § 9]
a.
Notwithstanding the provisions of any other section of this section,
any person or entity owning property within the Borough may register
such property on a "Do Not Solicit" list.
b.
Registration for the "Do Not Solicit" list shall be made as follows:
1.
The "Do Not Solicit" list shall be maintained by the Police Department.
2.
It shall consist solely of property addresses, and shall include
no further identifying information concerning the ownership of each
property.
3.
The Tax Assessor shall notify the Police Department of any change
in ownership of property within the Borough. The Police Department
shall remove from the "Do Not Solicit" list any property which has
changed ownership.
c.
The Chief of Police or, in his absence, the officer in charge of
the Police Department, shall provide a copy of the "Do Not Solicit"
list to each and every applicant to whom a permit is issued pursuant
to this section. Upon request, the Chief of Police or his alternate
shall also make available a copy of the "Do Not Solicit" list to any
individual or entity otherwise exempt from the provisions of this
section which intends to engage in door to door canvassing, solicitation,
campaigning, advocacy, education, proselytizing, or handbill distribution.
d.
Solicitation at any address identified on the "Do Not Solicit" list
shall constitute a violation of this section. Each and every solicitation
at an address identified on the "Do Not Solicit" list shall constitute
a separate violation of the section.
[Ord. No. 1939-04 § 10]
For a violation of any provision of this section, the maximum
penalty, upon conviction thereof, shall be a fine not exceeding $1,250
or imprisonment for up to 90 days or a period of community service
not exceeding 90 days, or any combination thereof. Each and every
day in which a violation of any provision of this section exists shall
constitute a separate violation.
[1976 Code § 69-14; Ord. No. 1948-05 § 2]
No person, firm or corporation shall hawk or peddle on a public
street, any goods, wares or merchandise of any description from a
peddler's cart, wagon or automobile, without first procuring
a license from the Chief of Police in the manner and under the conditions
hereinafter prescribed; provided that this section shall not apply
to any person engaged in the delivery of goods, wares or merchandise
in the regular course of business to the premises of persons ordering
same.
[1972 Code § 69-15]
Each applicant for such a license shall give to the Chief of
Police, in writing, his name, address and such personal data as is
required to identify him, together with the nature of the goods, wares
or merchandise to be sold and any prior convictions of crime.
[1972 Code § 69-16]
Each such applicant, upon paying the fee required by this section,
shall be issued a license by the Chief of Police; provided, however,
that no person who has been convicted of crime shall be issued any
such license.
[1972 Code § 69-17; Ord. No. 1948-05 § 3; Ord. No. 2180-15]
The fee for the license required by this section shall be as stated in Chapter 16, Fees. The license shall be effective for three months after the date that it is issued.
[1972 Code § 69-18]
Each licensee shall carry the license at all times and shall
exhibit it to any person upon request.
[1972 Code § 69-19]
No such license shall be issued to any person who has not complied
with any law of the State of New Jersey or ordinances of the Borough.
[1972 Code § 69-20]
No person, firm or corporation, whether licensed or not, shall
visit or call at any private residence for the purpose of peddling
goods, wares or merchandise when banned by the householder by a sign
bearing words to the effect that peddlers are not invited or are prohibited.
[1972 Code § 69-21]
Any such license so issued may be revoked by the Chief of Police
for violation of this section or any other ordinance of the Borough
regulating peddlers or for any false information given in the application.
[1972 Code § 69-22; Ord. No. 1214; Ord. No. 1948-05 § 4]
No person shall hawk or peddle wares, goods or merchandise before
the hour of 9:00 a.m. or after the hour of 9:00 p.m.
[1972 Code § 69-24]
This section is in addition to any other ordinance or ordinances
regulating peddlers, transient merchants, itinerant vendors of merchandise,
solicitation or canvassing within the Borough.
[1972 Code § 74-1; Ord. No. 1037; Ord. No. 2116-12 § 2]
As used in this section:
Shall mean any person who holds a license or certification
to practice massage and bodywork therapies pursuant to the provisions
of N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68 et seq.
Shall mean systems of activity of structured touch which
include, but are not limited to, holding, applying pressure, positioning
and mobilizing soft tissue of the body by manual technique and use
of visual, kinesthetic, auditory and palpating skills to assess the
body for purposes of applying therapeutic massage and bodywork principles.
Such application may include, but is not limited to, the use of therapies
such as heliotherapy or hydrotherapy, the use of moist hot and cold
external applications, explaining and describing myofascial movement,
self-care and stress management as it relates to massage and bodywork
therapies. Massage and bodywork therapy practices are designed to
affect the soft tissue of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage and bodywork
therapies do not include the diagnosis of illness, disease, impairment
or disability.
Shall mean a person licensed or certified to practice massage
and bodywork therapies pursuant to the provisions of N.J.S.A. 45:11-53
et seq. and N.J.S.A. 45:11-68 et seq.
Shall mean any establishment or place of business wherein
massage and bodywork therapies as to all or any one or more of the
subjects and methods of treatments defined in "massage and bodywork
therapies" is administered or used.
[1972 Code § 74-2; Ord. No. 1037; Ord. No. 2116-12 § 3]
a.
It shall be unlawful for any person or persons to engage in the practice
or attempt to practice massage and bodywork therapies in the Borough
of Manasquan without a license or certification issued pursuant to
the provisions of N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68
et seq.
b.
It shall be unlawful for any person or persons to operate or conduct
any massage establishment:
1.
Without first obtaining a permit from the Municipal Clerk in accordance
with the terms and provisions of this section;
2.
Which does not conform to the sanitary provisions herein contained;
and
3.
Which employs or permits any person to work as a massage and bodywork
therapist who does not hold a license or certification pursuant to
the provisions of N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68
et seq.
[1972 Code § 74-3; Ord. No. 1037; Ord. No. 2116-12 § 4]
a.
An applicant for a permit to operate a massage establishment shall
submit the following information:
1.
The type of permit sought i.e. whether for a new massage establishment,
a renewal of a massage establishment permit or a change in corporate
structure.
2.
The type of ownership of the business i.e., whether individual, partnership,
corporation or otherwise.
3.
If applicant is an individual, the applicant's name, residential
address, telephone number, date and place of birth, and the name as
it shall appear on the permit.
4.
If applicant is a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the names and addresses of the registered agent and the address of
the principal office.
5.
Whether the individual applicant and/or each major officer and each
major stockholder has even been arrested or convicted of a crime,
the date of the arrest, the crime or charge involved and the disposition
thereof.
6.
The name and address of any and all previous locations the applicant
has owned operated or been employed by that provided massage therapy
or similar services.
7.
Whether the applicant or any major officer or stockholder of the
applicant has ever been denied a massage therapy license, registration
or permit and the location, date and reason for the denial.
8.
The address of the premises where the permit is to be used, whether
the applicant leases or owns the premises, and information regarding
any mortgage on the premises.
9.
The names, addresses and dates of birth for all employees of the
massage establishment.
b.
The applicant must furnish copies of all massage and bodywork therapy
licenses and certificates held by all massage therapists employed
at or providing massage or bodywork therapy at the establishment.
[1972 Code § 74-4; Ord. No. 1037; Ord. No. 2116-12 § 5; Ord. No. 2180-15]
a.
Any person desiring to obtain a permit to operate a massage establishment
shall submit an application to the Municipal Clerk, who shall refer
all such applications to the Chief of Police, Building Department
and Health Department for an appropriate inspection.
c.
The Chief of Police, Building Department and Health Department shall
inspect the premises proposed to be operated as a massage establishment
and shall make written recommendations to the Municipal Clerk concerning
compliance with the codes that they administer. No massage establishment
shall be issued a permit or be operated, established or maintained
in the Borough unless an inspection by the Building Department and
Health Department reveals that the establishment complies with the
minimum requirements of the Building and Health Codes for businesses
operating in the Borough of Manasquan. In addition, the establishment
must comply with each of the following minimum requirements:
1.
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily disinfected.
2.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event that
the male and female patrons are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
3.
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
4.
Adequate hand washing facilities shall be provided at convenient
locations as necessary to maintain clean hands and arms of all employees
during hours of operation.
[1972 Code § 74-5; Ord. No. 1037; Ord. No. 2116-12 § 6]
a.
Upon payment of the application fee, submitting of all information
required by application and upon proper inspection, a permit shall
be granted immediately if all requirements described herein are met
and unless it appears that any such applicant has deliberately falsified
the application or the record of such applicant reveals a conviction
of a felony or a crime of moral turpitude.
b.
Any person denied a permit pursuant to these provisions may appeal
to the Borough Council in writing stating reasons why the permit should
be granted. The Council may grant or deny the permit. The Council
may also review any determination of the Chief of Police granting
or denying a license on its own motion.
c.
All permits issued hereunder are nontransferable; provided, however,
that a change of location of a massage establishment may be permitted
pursuant to the provisions hereof.
d.
All permits issued pursuant to this section shall be for a term commencing on January 1st of each year and terminating on December 31st of the same year. The permit application fees provided for in subsection 4-7.4 shall not be prorated in the event that an application for a permit is made at any time after January 1st of any year.
[1972 Code § 74-6; Ord. No. 1037; Ord. No. 2116-12 § 7]
a.
Every person or business to whom a permit shall have been granted
shall display the permit in a conspicuous place at such person's
place of business.
b.
Every licensee employed by or providing massage and bodywork therapy
at a massage establishment shall display his license or certification
in a conspicuous place in his principal office, place of business
or employment.
[1972 Code § 74-7; Ord. No. 1037; Ord. No. 2116-12 § 8; Ord. No. 2180-15]
A change of location of the massage establishment shall be approved by the Chief of Police, provided that all applicable ordinances are complied with and the change of location fee as stated in Chapter 16, Fees, is first paid.
[1972 Code § 74-8; Ord. No. 1037; Ord. No. 2116-12 § 9]
It shall be the responsibility of the holder of the permit for
a massage establishment to ensure that each person employed as a massage
therapist and each person working as a massage therapist at said massage
establishment shall first have obtained a valid license or certification
pursuant to N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68 et seq.
[1972 Code § 74-11; Ord. No. 1037; Ord. No. 2116-12 § 10]
a.
No permit shall be revoked until after due notice and a hearing shall
have been held before the Borough Council to determine just cause
for such revocation. Notice of such hearing shall be given in writing
and served at least 10 days prior to the date of the hearing therein.
The notice shall state the grounds of the complaint against the holder
of such a permit and shall designate the time and place where such
hearing will be had.
b.
The notice shall be served upon the permit holder by delivering same
personally or by leaving such notice at the place of business or residence
of the permit holder in the custody of a person of suitable age and
discretion. In the event that the permit holder cannot be found and
the service of such notice cannot be otherwise made in the manner
herein provided, a copy of such notice shall be sent through certified
mail, addressed to the permit holder at his place of business or residence
at least 10 days prior to the date of such hearing.
[1972 Code § 74-12; Ord. No. 1037; Ord. No. 2116-12 § 11]
The permit for operation of a massage establishment may be revoked
upon one or more of the following grounds:
a.
Fraud, misrepresentation or false statement in the application for
the permit.
b.
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the Borough.
c.
Any violation of this section.
d.
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution,
or any crime involving dishonesty.
e.
Fraudulent, false, misleading or deceptive advertising, the prescription
of medicines, drugs or the practice of any other licensed profession
without legal authority therefor.
f.
That the permit holder is guilty of willful negligence in the practice
of massage or has been guilty of employing, allowing or permitting
any unlicensed or uncertified person to perform massage in his or
her establishment.
g.
Conducting the permitted business in the Borough in the unlawful
manner as to constitute a menace to the health, safety or general
welfare of the public.
[1972 Code § 74-13; Ord. No. 1037]
The requirements of this section shall have no application and
no effect upon and shall not be construed as applying to physicians,
surgeons, chiropractors, osteopaths or any nurse working under the
supervision of a physician, surgeon, chiropractor or osteopath duly
licensed to practice the respective professions in this State.
[Ord. No. 2063-10 § 6]
It shall be unlawful for any person, firm, corporation, or other
entity to erect, place, maintain or operate, on any public street,
sidewalk, right-of-way, or in any other public way or place, in the
Borough any structure without first obtaining a license from the Municipal
Clerk specifying the exact location of such structure.
[Ord. No. 2063-10 § 6]
Application for a license shall be made, in writing, to the
Borough Council upon such form as may be provided and shall contain
the name and address of the applicant and the exact location of the
proposed encumbrance, and shall be signed by the applicant.
[Ord. No. 2063-10 § 6; Ord. No. 2180-15]
As an express condition of the acceptance of such license, the
applicant agrees to indemnify and save harmless the Borough, its officers,
directors and employees against any loss, liability or damage, including
expenses and costs for bodily or personal injury, and for property
damage sustained by any person or as the result of the installation,
use or maintenance within the Borough.
As stated in Chapter 16, Fees, the fee to be charged for the encumbrance shall be calculated by the Tax Assessor based upon the size of the encumbrance located upon the public street, sidewalk, right-of-way, or other public way or place.
Licenses shall be valid for the calendar year in which the license
is issued and may be renewable with the Borough's permission
and with the payment of the annual fee. License agreements in excess
of one year may be granted at the Borough's discretion and subject
to a separate written license agreement.
[Ord. No. 2063-10 § 6]
If the license fee is not paid on or before the due date, a
late fee equal to 10% of the amount due and owing shall be immediately
assessed.
[1972 Code § 75-1; Ord. No. 1574-92]
a.
The uncontrolled placement of newsracks in public rights-of-way present
an inconvenience and danger to the safety and welfare of persons using
such rights-of-way, including pedestrians, persons entering and leaving
vehicles and buildings, and persons performing essential utility,
traffic control and emergency services.
b.
Newsracks so located cause an inconvenience or danger to persons
using public rights-of-way, and unsightly newsracks located therein,
constitute public nuisances.
c.
The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health and general welfare of persons in the Borough of
Manasquan in their use of public rights-of-way.
[1972 Code § 75-2; Ord. No. 1574-92]
As used in this section:
Shall mean the person, firm, corporation or other entity
responsible for placing and maintaining a newsrack in a public right-of-way.
Shall mean any self-service or coin-operated box, container,
storage unit or other dispenser installed, used, or maintained for
the display and sale of newspapers or other news periodicals.
Shall mean that area between the sidewalks and the curb of
any street, and where there is no sidewalk that area between the edge
of the roadway and property line adjacent thereto. Parkway shall also
include any area within a roadway which is not open to vehicular travel.
Shall mean that portion of a street improved, designed, or
ordinarily used for vehicular travel.
Shall mean any surface provided for the exclusive use of
pedestrians.
Shall mean all that area dedicated to public use for public
street purposes and shall include, but not be limited to, roadways,
parkways, alleys and sidewalks.
[1972 Code § 75-3; Ord. No. 1574-92]
It shall be unlawful for any person, firm, corporation or other
entity to erect, place, maintain or operate, on any public street
or sidewalk, or in any other public way or place, in the Borough any
newsrack without first having obtained a permit from the Municipal
Clerk specifying the exact location of such rack(s). One permit may
be issued to include any number of newsracks, and shall be signed
by the applicant.
[1972 Code § 75-4; Ord. No. 1574-92]
Application for such permit shall be made, in writing, to the
Municipal Clerk upon such form as shall be provided, and shall contain
the name and address of the applicant, the proposed specific location
of the newsrack, and shall be signed by the applicant.
[1972 Code § 75-5; Ord. No. 1574-92; Ord. No. 2180-15]
a.
As an express condition of the acceptance of such permit, the permittee
thereby agrees to indemnify and save harmless the Borough, its officers,
directors, and employees against any loss or liability or damage,
including expenses and costs for bodily or personal injury, and for
property damage sustained by any person or as the result of the installation,
use or maintenance of a newsrack within the Borough.
b.
Permits shall be issued for the installation of a newsrack or newsracks without prior inspection of the location but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this section and such reasonable rules and regulations as may be established by the Borough Council. Permits shall be issued within 72 hours after the application has been filed. An annual permit fee for the first newsrack and for each additional newsrack is required as stated in Chapter 16, Fees.
c.
Permits shall be valid for the calendar year in which the permit
is issued and shall be renewable pursuant to the procedure for original
applications and upon payment of the permit fee.
[1972 Code § 75-6; Ord. No. 1574-92; Ord. No. 1578-92]
Any newsrack which in whole or in part rests upon, in or over
any public sidewalk or parkway, shall comply with the following standards:
a.
No newsrack shall exceed 50 inches in height, 32 inches in width,
or 24 inches in thickness.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale, or purchase of the
newspaper or news periodical sold therein.
c.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
he is unable to receive the publication paid for. The coin-return
mechanisms shall be maintained in good working order.
d.
Each newsrack shall have affixed to it in a readily visible place
so as to be seen by anyone using the newsrack a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to call to report a malfunction, or to
secure a refund in the event of a malfunction of the coin-return mechanism.
e.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
1.
It is reasonably free of dirt and grease.
2.
It is reasonably free of chipped, faded, peeling, and cracked paint
in the visible painted areas thereof.
3.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
4.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration.
5.
The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading.
6.
The structural parts thereof are not broken or unduly misshapen.
[1972 Code § 75-7; Ord. No. 1574-92; Ord. No. 1578-92]
Any newsrack which rests in whole or in part upon, or on any
portion of a public right-of-way or which projects onto, into, or
over any part of a public right-of-way shall be located in accordance
with the provisions of this subsection:
a.
No newsrack shall be used or maintained which projects onto, into,
or over any part of the roadway of any public street, or which rests
wholly or in part upon, along, or over any portion of the roadway
of any public street.
b.
No newsracks shall be permitted to rest upon, in or over any public
sidewalk or parkway, when such installation, use or maintenance endangers
the safety of persons or property, or when such site or location is
used for public utility purposes, public transportation purposes or
other governmental use, or when such newsrack unreasonably interferes
with or impedes the flow of pedestrian or vehicular traffic including
any legally marked or stopped vehicle, the ingress into or egress
from any residence or place of business, or the use of poles, posts,
traffic signs or signals, hydrants, mailboxes, or other objects permitted
at or near the location.
c.
No newsrack shall be chained, bolted, anchored to the ground or otherwise
attached to any fixture located in the public right-of-way, except
to other newsracks.
[1972 Code § 79-1; Ord. No. 1020]
As used in this section:
Shall mean any open-air plot of ground, lot or land where
motor vehicles are parked, kept or located for a parking fee, charge
or other consideration.
[1972 Code § 79-1; Ord. No. 1020]
No person shall manage, conduct, operate or carry on the business
of a privately owned open-air parking lot without first having obtained
a license.
[1972 Code § 79-1; Ord. No. 1020]
This section shall not apply to parking areas where parking
privileges are permitted only for employees, customers, clients or
other persons on business visits of businesses, industries or professional
establishments, provided that no charge or fee is required and that
no overnight parking is permitted. This exemption shall not be construed
to apply to premises utilized in connection with any business of automobile
repair, service or storage.
[1972 Code § 79-1; Ord. No. 1020]
The following information shall be provided with each application
for a license under this section:
a.
Tax map description of the premises to be used as a parking lot.
b.
Name and address of the property owner.
c.
Name and address of the applicant.
d.
Evidence of the consent of the owner if the applicant is not the
owner.
e.
Sketch of location of premises showing accurately the area to be
used, adjacent buildings, streets and all driveways within 100 feet
of the exit and entrance to the premises. The sketch shall also show
the layout of the proposed use, exits and entrances and the individual
parking arrangement for each motor vehicle setting forth the type
of vehicles to be parked.
[1972 Code § 79-1; Ord. No. 1020]
Upon receipt of an application, the Code Enforcement Official
shall refer it to the Police Chief and Fire Inspector for investigation
and report as to compliance with the terms of this section and all
other applicable Borough ordinances.
[1972 Code § 79-1; Ord. No. 1020; Ord. No. 1252]
All open-air parking lots for motor vehicles shall be constructed
and maintained as follows:
a.
No motor vehicle shall be parked, kept or located within three feet
of any building occupied as a residence.
b.
Before any license is issued, the complete area included in the license,
with exits and entrances established, shall be enclosed by a suitable
means of bounding the licensed area and preventing vehicles from protruding
beyond the licensed area.
c.
The licensee shall keep the licensed premises free from filth, paper
and rubbish.
d.
No motor vehicle which is used for the conveyance of any flammable
liquid, including gasoline, naphtha, benzine, kerosene, motor fuel
oil or other flammable liquids or any flammable gases or explosives
shall be parked within 200 feet of any fuel pump, place where gasoline
or other fuel is stored or kept or any building or structure on the
premises of the parking lot or adjacent thereto.
e.
No motor vehicle which is used for the conveyance of any flammable
liquid, including gasoline, naphtha, benzine, kerosene, motor fuel
oil or other flammable liquids or any flammable gases or explosives
shall be parked on any parking lot overnight unless there is an attendant
present on the premises of the parking lot.
f.
All fees and charges to be imposed on patrons of open-air parking
lots shall be posted and be clearly visible so as to allow the patron
to be made aware of the fees and charges before using the parking
area.
[1972 Code § 79-1; Ord. No. 1020; Ord. No. 1435; Ord. No. 2180-15]
The annual license fee for open-air parking lots for motor vehicles shall be a sum equal to the multiplication of the number of square feet of the area to be licensed by the amount stated in Chapter 16, Fees, provided that the minimum fee shall be $50.
[1972 Code § 79-1; Ord. No. 1020]
It shall be the responsibility of the Code Enforcement Official
to control the establishment of each parking area, and the Police
Chief shall supervise the operation of same for the purpose of assuring
compliance with the terms of this section as well as all other applicable
Borough ordinances. After the license is issued and the parking business
established, it shall be the duty of the Police Chief to notify the
licensee of any violations and to prosecute same in the Municipal
Court.
[1972 Code § 79-1; Ord. No. 1020]
At no time, except in an emergency, shall the repair of vehicles
be permitted within the area licensed hereunder nor shall any other
business activity be permitted within the area, except the parking
of vehicles.
[1972 Code § 98A-1; Ord. No. 1554-91]
a.
The Chief of Police shall establish a list of persons or firms who
shall be utilized by the Police Department to provide towing and wrecking
services for abandoned or wrecked vehicles. The list shall be comprised
of a maximum of 12 operators. In establishing the list, the Chief
of Police shall determine as eligible any operator capable of responding
to any location in Manasquan within 15 minutes of receiving a telephone
call to provide the towing service.
b.
The Chief of Police shall also establish and maintain a waiting list
for operators in the event that the number of authorized operators
exceeds 12. The placement on the waiting list shall be based on the
date of filing the application by the person or firm wanting to be
utilized by the Police Department for towing and wrecking services.
[1972 Code § 98A-2; Ord. No. 1554-91]
a.
An application for a license as a proprietor of a towing or wrecking
business to be placed upon the list to be utilized by the Police Department
shall be made by the person or firm engaged in operating a wrecker
or wreckers. The application shall be made on forms furnished by the
Police Department and shall specifically report the following facts:
1.
The full name and address of the applicant. If the applicant is a
corporation, it shall state the names and addresses of the officers
and directors thereof, its registered office and its resident agent.
If the applicant is a partnership, it shall state the names and addresses
of all of the partners.
2.
The year, make and type of each wrecker used in the business, its
serial number, registration number and registered owner.
3.
The address where the wrecker or wreckers shall be regularly garaged,
the telephone numbers available on a twenty-four-hour-per-day basis
and the names of all operators, their addresses and the serial numbers
of their New Jersey motor vehicle licenses.
b.
The application for a towing and wrecking license shall be accompanied
by a certificate of liability insurance for the wrecker in the policy
limits of no less than $200,000 for injury to one person, $500,000
for injury to two or more persons and $50,000 for property damage.
The certificate of insurance shall be issued by a company certified
to do business in New Jersey, and each policy must contain an endorsement
providing for 30 days' notice to Manasquan in the event of any
material change in the policy or cancellation thereof.
c.
The Police Department shall conduct a check of all equipment, personnel
and facilities of the applicant to determine the ability of the applicant
to perform the towing services.
d.
The office and storage area of the applicant must be located in zones
where such use is permitted and be within the boundaries of the Borough.
e.
Each vendor providing towing services must show proof of ownership
or a valid lease for proper land areas to store a minimum of five
cars.
f.
Each wrecker must meet all of the requirements of Title 39 of the
New Jersey Revised Statutes, and all applicable vehicle rules and
regulations. The wrecker must have a boom-lifting capacity of at least
four tons. In addition, each wrecker must have the following equipment.
1.
One large broom and shovel.
2.
At least one set of dolly wheels.
3.
Steering wheel lock for towing vehicles from the rear.
4.
Tow-sling type tow bar to prevent any part of the crane metal from
touching the towed vehicle.
5.
Emergency warning lights.
6.
Portable safety lights capable of being installed on the rear of
a towed vehicle if necessary.
7.
Safety flares for night work.
g.
After the application has been submitted and been reviewed by the
Police Department, it shall be forwarded to the Chief of Police for
approval or disapproval by him.
[1972 Code § 98A-3; Ord. No. 1554-91]
The Chief of Police shall be responsible to maintain documents
containing the names, addresses and twenty-four-hour telephone numbers
of all licensed wreckers and a record of the types of wreckers available
to meet the specific need of the emergency. The Chief of Police shall
also see that a record is maintained of the regular response of wreckers
to police calls, including any complaints from vehicle owners as to
improper service or charges.
[1972 Code § 98A-4; Ord. No. 1554-91]
The Chief of Police shall maintain, a weekly revolving list
of licensed wreckers to provide service where needed and shall instruct
all duty and investigating officers to utilize the list.
[1972 Code § 98A-6; Ord. No. 1554-91; Ord. No. 1992-07 § 1; Ord. No. 2180-15; Ord.
No. 2209-2016 § 1; Ord.
No. 2225-2017 § 1]
b.
Storage fees and charges shall be as follows:
1.
Storage per day (or any part thereof) commencing after the vehicle is placed in storage (see Chapter 16, Fees). Tow operators are not required to pick up vehicles between 3:00 a.m. and 7:00 a.m., except in the case of an emergency. Tow operators will release impounds seven days a week between the hours of 8:00 a.m. and 6:00 p.m. Vehicles involved in a MVA (motor vehicle accident) shall be released during normal business hours of the storage facility/body shop. The term "vehicles" shall mean all vehicles recognized under Title 39 of the New Jersey Revised Statutes.
d.
Show Up Fee. The towing service operator shall be entitled to a "show
up" charge if the operator or owner of a vehicle appears at the stated
location within the 15 minute period in which the tow operator is
required to respond to the police dispatcher's request for towing
service.
e.
Hook Up Fee. A towing service operator shall be entitled to a "hook
up" fee if the towing service operator responds to a request by the
Borough, appears at the towing location and hooks up the tow truck
to vehicle to be towed, regardless of whether the actual towing is
commenced.
f.
Every operator of a towing service shall give the owner a written
estimate of cost and a written receipt when paid.
g.
This towing fee schedule shall be posted in a conspicuous place at
the business location of any authorized tower participating in the
Towing Service Rotation Program.
[1972 Code § 98A-6; Ord. No. 1554-91]
The practice of cruising with a wrecker or tow truck is forbidden.
Furthermore, no person shall pay any emolument to any third person
not involved in the accident or to any Police Officer for information
as to the location of any accident or solicit employment of the licensee's
service nor give any gratuities, fees or other compensation or gifts
to any members of the Police Department.
[1972 Code § 98A-7; Ord. No. 1554-91]
By making application to be utilized as a tower or wrecker by
the Police Department and by accepting such employment, the person
or firm agrees to:
a.
Provide a prompt response to each call and appear at the location
of the vehicle to be towed within 15 minutes of being notified of
the need for the towing services.
b.
Clean all debris and fluid, exclusive of toxic materials, at the
accident site resulting from the accident.
d.
Maintain a record in a bound volume of all towing and wrecking jobs
handled, the name of the owner or operator involved, the charge made
for the service, the date and the amount of payment.
e.
Comply with all other terms and conditions of this section.
[1972 Code § 98A-8; Ord. No. 1554-91]
The Chief of Police is hereby given the authority to promulgate
rules and regulations necessary to carry out the intent and purpose
of this section. The Chief of Police is hereby given the authority
to suspend or revoke the right of any person or firm which is on the
authorized list if the person or firm violates any of the terms and
conditions of this section. Any person or firm aggrieved by any rule
or regulation promulgated by the Chief of Police or by a suspension
or revocation made by him shall be given a hearing by the Borough
Council within 35 days of filing a hearing request with the Municipal
Clerk.
[1972 Code § 98A-9; Ord. No. 1554-91]
Nothing in this chapter shall be construed to prevent any owner
or operator of a motor vehicle involved in a motor vehicle accident
from calling any tower or wrecker of his or her own choice. However,
if the tower or wrecker designated by the owner or operator of the
motor vehicle is not immediately available, the tower or wrecker designated
on the weekly revolving list established under subsection 5-14.4 utilized.
[1972 Code § 67A-1; Ord. No. 1172]
As used in this section:
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale," "flea market sale" or any
similar casual sale of tangible personal property which is advertised
by any means whereby the public at large is or can be made aware of
the sale.
Shall mean and include any books, warehouse merchandise or
other property capable of being the object of a sale regulated hereunder.
Shall mean and include individuals, partnerships, voluntary
associations and corporations.
[1972 Code § 67A-2; Ord. No. 1172; Ord. No. 2063-10; Ord. No. 2180-15]
a.
It shall be unlawful for any person to conduct a garage sale in the Borough without first filing with the Code/Construction Department the information hereinafter specified and obtaining from the Code/Construction Department a permit to conduct such sale, to be known as a "garage sale permit." A fee as stated in Chapter 16, Fees, shall be required for the issuance of such permit.
b.
The person making application for the garage sale permit shall file
a completed application with the Code/Construction Department seven
days before the first day of the garage sale in order to provide adequate
time for the processing of the permit. The Code Enforcement Official
or his designee shall review the information contained on the permit.
The Code Enforcement Official or his designee shall have the right
to impose conditions on the permit relating to matters of public safety.
[1972 Code § 67A-1; Ord. No. 1172]
a.
The permit shall be issued only to premises on which a residential
dwelling is located, it being the intention to prohibit garage sales
on vacant lots and further to limit the issuance of the permits to
specified premises rather than to any individual. The permit may be
issued to any premises only twice within any twelve-month period,
and the permit shall be issued for no more than three consecutive
calendar days. Furthermore, no person, firm, group, corporation or
association shall directly or indirectly conduct a garage sale at
any premises within the Borough more than twice in any twelve-month
period. Charitable, religious and civic organizations may be allowed
more than two permits with the approval of the Borough Council.
b.
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 garage sale.
[1972 Code § 67A-4; Ord. No. 1172; Ord. No. 2063-10 § 3]
The information to be filed with the Code/Construction Department
shall be as follows:
a.
The name of the person, firm, group, corporation, association or
organization conducting the sale.
b.
The name of the owner of the property on which the sale is to be
conducted and consent of the owner if the applicant is other than
the owner.
c.
The location at which the sale is to be conducted.
d.
The number of days of the sale.
e.
The date and nature of any past sale.
f.
The relationship or connection the applicant may have had with any
other person, firm, group, organization, association or corporation
conducting the sale and the date or dates of such sale.
g.
Whether or not applicant has been issued any other vendor's
license by any municipal, County, State or Federal agency.
h.
A sworn statement or affirmation by the person signing that the information
therein given is full, true and known to him to be so.
i.
Any other information deemed necessary by the Code Enforcement Official
so as to process the application.
[1972 Code § 67A-5; Ord. No. 1172]
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
[1972 Code § 67A-6; Ord. No. 1172; Ord. No. 2063-10 § 3]
a.
Signs posted or handbills advertising a garage sale, as herein defined,
shall be of a size not larger than 12 inches by 12 inches and must
contain the address of the person conducting the sale, the number
of the permit issued by the Borough and the dates for which such permits
were issued.
b.
All such signs shall be removed within 24 hours after the completion
of the sale.
c.
Newspaper advertisement of such sale shall contain the permit number.
[1972 Code § 67A-7; Ord. No. 1172; Ord. No. 1828-00 § 1; Ord. No. 2063-10 § 3]
The provisions of this section shall not apply to or affect
the following persons 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,
which separate items do not exceed one in number.
d.
Any sale conducted by any merchant or other business establishment
in a place of business wherein such sale would be permitted by the
zoning regulations of the Borough or under the protection of the nonconforming
use section thereof, or any sale conducted by a manufacturer, dealer
or vendor which sale would be conducted from properly zoned premises
and would not otherwise be prohibited in the Borough ordinances.
e.
Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the limitation established in subsection 4-15.3 hereof, upon demonstrating to the Borough Council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the Revised Statutes of New Jersey, shall be presumptive evidence of the right of such organization to this exemption.
f.
Garage sales are not permitted at properties abutting Union Avenue,
Parker Avenue (Route 71), Taylor Avenue and South Street. This includes
corner properties at these locations.
[1972 Code § 67A-8; Ord. No. 1172; New]
a.
This section shall be enforced by the Code Enforcement Officer and
the Police Department. It shall be the duty of the Code Enforcement
Officer, Chief of Police or their designated agent to investigate
any violation of this section.
b.
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit any loud or boisterous conduct on the
premises nor permit vehicles to impede the passage of traffic on any
roads or streets or interfere with the orderly passage of pedestrian
traffic on sidewalks in the area of such premises. All such persons
shall obey the reasonable orders of any member of the Code Enforcement
Department or the Police Department in order to maintain the public
health, safety and welfare.
[Ord. No. 2098-11 §§
1 to 13; Ord. No. 2131-13 § 1-3; Ord. No. 2171-14; Ord.
No. 2180-15; amended 2-4-2019 by Ord. No. 2276-19]
As used in this section, the following terms shall have the
meanings indicated:
Borough of Manasquan.
Any person who drives a taxi/autocab within the Borough of
Manasquan and such taxi/autocab holds a business registration certificate
from the State of New Jersey bearing a Borough of Manasquan street
address.
A certification and/or document from the Borough of Manasquan
issued to the New Jersey Motor Vehicle Commission stating that the
operator is authorized to operate a taxi/autocab pursuant to Ordinance
No. 2272-18 and has been issued a decal to utilize the Borough of
Manasquan designated taxi stands.
Operation of a taxi/autocab shall consist of transporting
in such taxi/autocab of one or more persons for hire. A taxi/autocab
which is operated or run, over any of the streets within the Borough,
to seek or accept passengers for transportation from points or places
to points or places within or outside the Borough shall be deemed
to be operation of a taxi/autocab within the Borough. A taxi/autocab
parked or idling on a Borough street or accepting a passenger for
hire from a point of departure within the Borough shall be deemed
to be operation. Operation of a taxi/autocab by one other than the
owner shall be deemed operation by the owner, as well as operation
by the person actually driving the taxi/autocab. The transportation
in or through the Borough of any person other than the owner or driver
of any motor vehicle bearing signs therein or thereon using the word "taxi,"
"cab," "autocab," "car service," "hack," "dial a ride," "call a ride,"
"transport," transport vehicle," "car service" or "transportation"
shall be prima facie evidence of operation.
Any person, corporation, business entity or association in
whose name title to any taxi/autocab is registered with the New Jersey
Motor Vehicle Commission, or who appears in any governmental records
to be the conditional vendee or licensee thereof and holds a business
registration certificate from the State of New Jersey bearing a Borough
of Manasquan street address.
Includes any individual, copartnership, association, corporation
or joint stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Means and includes any automobile commonly called "taxi,"
holding a business registration certificate from the State of New
Jersey bearing a Borough of Manasquan street address and engaged in
the business of carrying passengers for hire which is held out, announced
or advertised to operate or run, or which is operated or run over
any of the streets within the Borough and which accepts or discharges
passengers for transportation from points or places to points or places
within or outside the Borough. "Taxi/autocab" shall not include a
limousine as defined by N.J.S.A. 48:16-3.
No person shall receive a certification and/or document from
the Borough of Manasquan issued to the New Jersey Motor Vehicle Commission
unless both the taxi/autocab and the driver thereof are licensed in
the Borough in accordance with this section and said person or corporation
conforms to all of the laws and regulations of the State of New Jersey.
a.
All taxi/autocab owners and operators operating within the Borough
shall be licensed in accordance with the provisions of this section.
b.
There are hereby established two classes of taxi/autocab licenses
in the Borough as follows:
1.
Taxi/Autocab Driver's License. This license shall entitle the
individual named therein to operate within this Borough any taxi/autocab
duly licensed hereunder. Such license may only be issued in the name
of an individual and not in the name of the business entity.
2.
Taxi/Autocab Owner's License. This license shall entitle the
vehicle therein listed and described to be used as a taxi/autocab
and operated in this Borough by a driver duly licensed hereunder.
Application Form. Each applicant for the issuance or renewal
of a license of either class shall supply, in full, the information
requested on the application forms approved by the Borough Administrator
and obtained from the Borough Clerk, and shall verify the correctness
thereof by certification. The completed application must be filed
with the Borough Clerk, together with the fee hereinafter fixed.
a.
Applications for taxi/autocab owner's and driver's licenses
shall be filed with the Borough Clerk at any time, but no taxi/autocab
shall receive a certification and/or document from the Borough of
Manasquan issued to the New Jersey Motor Vehicle Commission, unless
both the taxi/autocab and driver are licensed in accordance with this
section each year.
b.
Requirements for Taxi/Autocab Owner's Licenses. Each applicant
for a taxi/autocab owner's license must meet the following requirements
to be considered for issuance of a license:
1.
Be of the age of 21 years, or over.
2.
Possess a valid New Jersey driver's license.
3.
Submit a completed medical examiner's certificate required under
49 CFR 391.41 to 391.49 to the Borough from a licensed physician stating
that the applicant has been examined within 60 days of the date of
the application and is fit for the safe operation of a taxi/autocab.
4.
Fully complete an application form provided by the Borough Clerk,
which shall be signed and sworn to or certified by the applicant and
filed with the Borough Clerk as a permanent record.
5.
The applicant shall be required to consent to and submit to a state
and federal criminal history check, either by fingerprinting or live
scan through Morphotrak, Inc. (a private company under contract with
the State of New Jersey), or whoever the current state vendor under
contract is at the time, at the Borough's sole discretion, or
provide a CDL passenger endorsement, which shall be forwarded to the
Borough at the cost and expense of the applicant.
6.
The applicant shall be required to apply to the New Jersey Motor
Vehicle Commission for a certified driver history abstract which shall
be forwarded to the Borough at the cost and expense of the applicant.
7.
Insurance.
(a)
Each applicant for a taxi/autocab owner's license shall,
together with the application, submit the insurance policy required
by N.J.S.A. 48:16-3 et seq., covering the taxi/autocab sought to be
licensed; and each applicant shall then and thereafter comply with
all of the provisions of N.J.S.A. 48:16-1 et seq., as well as the
acts amendatory thereof or supplemental thereto.
(b)
If the applicant operates in more than one municipality, the
applicant must file an original duplicate autocab insurance certificate
issued pursuant to N.J.S.A. 48:16-7 by the Clerk of the municipality
within which the owner's principal place of business is located.
(c)
The minimum acceptable insurance liability limit is as follows.
Combined single limit coverage: $100,000.
c.
Requirements for Renewal of Taxi/Autocab Driver's License. Each
renewal applicant for a taxi/autocab driver's license must meet
the following requirement:
1.
For any applicant seeking to renew a taxi/autocab owner's and/or driver's license who does not maintain a valid CDL passenger endorsement, the Morphotrak criminal history check shall be performed once every three consecutive years. For the two consecutive years following each Morphotrak check, the applicant shall submit to a Criminal History Record Information for a Noncriminal Justice Purpose SBI 212B check to be performed through the Borough Police Department at the applicant's expense. Renewal applicant shall maintain insurance coverage as delineated in Subsection 4-16.4b7 (Insurance).
a.
Upon notification by the Borough Clerk of satisfactory fulfillment
of the foregoing requirements, the Mayor and Council shall either
grant or deny the license application, unless the governing body returns
or holds over the application for further investigation.
b.
Any license issued pursuant to this section shall expire at 12:00
midnight of the 31st day of January of the following year from when
it was issued, and shall not be transferable. All taxi/autocabs duly
licensed shall receive a Borough of Manasquan decal, which shall be
affixed to the vehicle.
a.
The Mayor and Council may, in their discretion, refuse to issue or
renew, or may after notice and hearing before the Mayor and Council,
revoke or suspend any taxi/autocab driver's and/or owner's
license issued hereunder if the applicant or licensee:
1.
Has been convicted of a crime in this or any other jurisdiction.
2.
Violates any provision of this section.
3.
Has not complied fully with all of the requirements of this section.
4.
If the motor vehicle licensed, or to be licensed, has unsafe or unsanitary
conditions, or is otherwise dangerous to the safety or health of the
occupants or others.
5.
If the policy of insurance required by N.J.S.A. 48:16-3 and Subsection
16.4b7 of this section lapses, or such coverage is not maintained
at all times.
6.
Has in any degree contributed to any injury to any person, or damage
to property, arising out of reckless operation of a motor vehicle
pursuant to N.J.S.A. 39:4-96.
b.
A person shall be disqualified from operating or driving an autocab
if a criminal history record background check as required by this
section reveals a record of conviction of any of the following crimes:
1.
In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault or endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with
or having in his possession any weapon enumerated in Subsection r
of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, 2C:39-4, or 2C:39-9, or other than a disorderly persons or
petty disorderly persons offense for the unlawful use, possession
or sale of a controlled dangerous substance as defined in N.J.S.A.
2C:35-2.
2.
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection b1 of this subsection.
3.
If a person who has been convicted of one of the crimes enumerated in Subsection b1 and 2 of this subsection can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.
a.
No taxi/autocab shall be operated in the Borough unless the taxi/autocab
driver's license (including photograph identification) of the
person operating the taxi/autocab is prominently displayed and open
to view of passengers in accordance with reasonable procedures of
the Borough.
b.
The certificate of insurance required by N.J.S.A. 48:16-6 shall likewise
be prominently displayed in accordance with reasonable procedures
of the Borough provided by way of written notice to the licensee.
a.
Every taxi/autocab operating within the Borough shall have affixed
or painted on both sides thereof the words "taxi" or "cab" in letters
at least six inches high, or the name of the operating owner containing
the words "taxi" or "cab" or "taxicab," as well as the business telephone
number.
b.
Every taxi/autocab or other vehicle required to be licensed under
this section operating within the Borough shall display a visual identification
symbol the design, specification and contents of same to be determined
in the sole discretion of the Borough, by way of a decal, magnetic
device, placard or other method which will identify the vehicle as
properly and currently licensed. The method of display shall be as
determined by the Borough Police Department and communicated in writing
to the taxi license holder which shall be required to adhere to the
contents of said notice within seven calendar days of the date of
the notice. The Borough may elect to require that the visual identification
symbol be made and then affixed to the licensed vehicle by a vendor
or vendors of the Borough's designation, all such costs for such
production and affixing to the licensed vehicle to be paid by the
licensee.
a.
No Cruising. No person shall cruise the streets of the Borough in
any vehicle, including but not limited to taxi/autocabs at any time
for the purpose of soliciting for one or more persons for transportation
for a fee or fare.
1.
Prearranged Pickup. Any taxi/autocab may pick up passengers if the
taxi/autocab owner or the owner's agent has been specifically
called by the person seeking transportation or someone acting on said
person's behalf or such person has otherwise arranged in advance
for pickup at a specific time and place. The taxi/autocab driver must
have proof of such prearrangement including at a minimum the full
name of the person to be picked up, the full name of the person making
the arrangements and a contact phone number for said person making
the arrangements.
b.
All persons shall be picked up or discharged at the curb, or in off-street
areas designated by business establishments for the use of their patrons,
and the taxi/autocab shall at no time interfere with traffic on any
roadway.
c.
Nothing herein shall preclude commercial establishment locations
to establish pickup areas in parking lots.
The Borough of Manasquan may designate the location and size of any taxi stand in accordance with state law and pursuant to the Borough of Manasquan Code § 7-16. Only taxi/autocabs and taxi/autocab drivers licensed by the Borough under this section may utilize the taxi stand. No person shall sit idle, park or operate in a designated taxi stand for any other purpose except to pick up or discharge passengers. A designated taxi stand may only be occupied by a taxi/autocab and driver licensed by the Borough in accordance with this section. No person shall leave any vehicle unoccupied at any designated taxi stand. A taxi stand shall allow a person the opportunity to find transportation services in an expeditious, unbiased, nondiscriminatory and courteous manner. No passenger may be denied transportation by any taxi/autocab occupying any portion of a designated taxi stand provided that said passenger has the ability to meet the terms, fare or fee for the service to be rendered. Call ahead or prearranged pickups may not be picked up from any designated taxi stand.
a.
Temporary Taxi Stand. The ranking or senior Borough police officer on duty may, in the event the number of people at any location seeking transportation from taxi/autocabs creates or may create a safety concern and/or may create a disturbance of the peace, establish a temporary taxi stand at any public location, such temporary taxi stand to be designated by temporary traffic signs or other traffic devices identifying the temporary taxi stand. The provisions of Subsection 4-16.11 applicable to taxi stands shall be applicable to temporary taxi stands pursuant to the Borough of Manasquan Code § 7-16.
a.
Any person violating any of the provisions of this section shall,
upon conviction of a first offense be subject to a fine of not to
exceed $250; on conviction of a second offense be subject to a fine
of not to exceed $500 and for a third or subsequent offense be subject
to a fine of $1,250; and/or be subject to a term of imprisonment not
exceeding 90 days in the county jail, or in any other place provided
by the municipality for the detention of prisoners, or both.
b.
Any corporation violating any of the provisions of this section shall,
upon conviction, pay a fine of not less than $500 or more than $1,250.
c.
Nothing herein shall preclude the prosecution of any such violation
under Title 48 and or Title 2C of the New Jersey statutes nor restrain
or prohibit the Mayor and Council from suspending or revoking any
license issued hereunder in accordance with the provisions of this
section.
a.
Should any section or provision of this section be held invalid in
any proceedings, the same shall not affect any other section or provision
of this section, except insofar as the section or provision so held
invalid shall be inseparable from the remainder of any such section
or provision.
b.
Chapter 97 et seq., of the Borough of Manasquan Code and all ordinances
and parts of ordinances inconsistent with this section herewith are
hereby repealed.
c.
This section shall become effective following the final passage and
publication according to the law.
