The township committee has found that persons performing work
or providing services for township residents have caused damage to
persons and property in conjunction therewith for which the residents,
general public or the township have not been adequately compensated.
It is hereby determined and declared that the public interests require
that any person doing work or providing services for which licenses
or permits are required shall maintain during the period of the licenses
or permits adequate liability and property damage insurance.
Prior to the issuance of any permits or licenses for the doing
of any work or performing of any services within the township, each
applicant shall file a certificate of insurance certifying that there
is in full force and effect during the term thereof liability and
property damage insurance for the protection of the applicant, the
property owner affected and the township or any agencies thereof,
from any and all claims for personal injury including accidental death
and property damage in minimum amounts of $100,000 to $300,000 personal
injury and $25,000 property damage.
The requirements of this section shall not apply to public utilities
subject to regulation by the Board of Public Utility Commissioners
of the State of New Jersey nor under circumstances where any other
state or municipal statutes, ordinances, rules or regulations require
the filing of insurance certificates as a condition for the issuance
of licenses or permits.
[Ord. 78-2]
The purposes of the within section are:
a. Deterring the use of soliciting and canvassing to gain access to
homes for criminal purposes;
b. Maintaining quiet and privacy for residents of the Township of Warren;
and
c. Discouraging unethical and dishonest business practices.
[Ord. 78-2; Ord. No. 2016-14]
When used in this section, certain terms shall be defined as
follows:
a. CANVASSER or SOLICITOR — Shall mean any of the following:
1. An itinerant vendor of merchandise who shall go from door to door
selling, causing to be sold, offering for sale or taking orders for
present or future delivery of merchandise of any description whatsoever,
including, but not limited to, magazines, periodicals, books, and
orders or contracts for home improvements or alterations.
2. A person who makes surveys for research purposes, analysis, opinion
polls, rating data and any such similar work to be used for commercial
purposes which by nature involves a door-to-door or place-to-place
activity.
3. A person who goes from door-to-door or place-to-place for the purposes
of soliciting contributions, donations or any other thing of value
for any person or organization.
4. A person who distributes or places on private property any advertising
materials or handbills of a commercial nature, or who engages in any
similar work which involves door-to-door or place-to-place activity,
whether or not such advertising material or handbill is for products
and/or services offered by the distributor of such materials or by
another person or entity.
b. PERSON — Shall mean any individual, firm, partnership, association,
group of persons or corporation.
[Ord. 78-2; Ord. 05-04, S 1]
No person shall canvass or solicit within the Township of Warren
without first having obtained a permit therefor in accordance with
the provisions of this section.
It is the further intent of this section to require the licensing
of any person who shall sell or solicit for the sale of goods or services
within the township from one or more temporary locations in zone districts
which permit retail sales as a permitted use, or where otherwise permitted
by law or variance, or by going from door-to-door or place-to-place.
Sales or solicitations from temporary locations are prohibited in
zone districts which do not permit retail sales as a permitted use
unless such sales are expressly permitted by some other law or variance.
As used in this section, "temporary locations" shall include on-street
parking of a vehicle, with or without the engine running.
Applications for permits shall be made upon forms provided by
the township, shall be filed with the chief of police of the township
and shall contain the following information.
a. Name, age and physical description of the applicant.
b. Complete permanent home and local address of the applicant.
c. Name and address of the organization or person for whom canvassing
or soliciting is being made.
d. Description of the nature of the business or activity and the goods,
services or wares to be sold and sufficient information to determine
whether or not the activity contemplated is interstate or intrastate.
e. Two recent photographs of the applicant which shall be approximately
2 1/2 inches by 2 1/2 inches in size showing the head and
shoulders of the applicant in a clear and distinguishing manner.
f. The days and dates upon which canvassing or soliciting is to take
place.
g. A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly persons offense and if so the
details thereof.
h. The make, model, year, color and license plate number of each automobile
used by the applicant during the period of canvassing or soliciting
within the township and the number of the applicant's driver's license
and the State in which issued.
i. A list of any current canvassing or soliciting permits received from
other municipalities.
j. A statement as to whether or not the applicant has been denied a
canvassing or soliciting permit during the past year.
k. A statement authorizing the police chief to conduct a New Jersey
State Bureau of Investigation Records Check and an agreement on the
part of the applicant to provide all information required for the
conducting of said records check.
A separate application shall be filed for each individual soliciting
or canvassing within the township. A fee of $15, plus the cost, if
any, to the township for a New Jersey State Bureau of Investigation
Records Check shall accompany each application to defer costs of processing
the same.
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Upon receipt of an application, the chief of police shall cause
an investigation to be made of the applicant's business and moral
character for the protection of the public safety and welfare. In
the event the investigation as aforesaid should reveal any of the
following results, the chief of police shall deny a permit to the
applicant.
a. Conviction of any crime or misdemeanor involving arson and other
burnings, atrocious assault and battery, breaking and entering, bribery
and corruption, burglary, conspiracy, embezzlement, conversion and
misappropriation of funds, extortion or threats, forgery and counterfeiting,
frauds and cheats, indecency and obscenity, larceny, loan sharking,
possession or use of a controlled dangerous substance, rape and carnal
abuse, receiving stolen property, robbery, seduction, and any other
crimes against the person or crimes involving moral turpitude.
b. Conviction of any misdemeanor or disorderly persons offense involving
being unable to give a good account, common thieves, burglars and
pickpockets, carrying weapons or burglar tools, conspiracy, unlawful
soliciting, assault and battery, frauds and misrepresentations, possession
or use of habit-producing drugs, shoplifting, and any other offense
involving moral turpitude.
c. Business pursuits resulting in fraud, misappropriation of funds or
similar activity.
The above crimes, misdemeanors or disorderly persons offenses
shall be deemed to be those as defined or equivalent to crimes and
disorderly offenses defined by law in the State of New Jersey.
In the event the chief of police shall deny a permit to the
applicant, the chief of police shall detail reasons for such denial.
In the event the investigation as aforesaid should not disclose
any of the above, a permit shall be issued forthwith by the chief
of police upon which shall be affixed one photograph of the applicant
signed by the chief of police in such manner that part of his signature
shall cover part of the photograph.
Each applicant when canvassing or soliciting within the township
shall carry the permit at all times and shall exhibit the same to
any citizen or police officer upon request.
a. All permits issued pursuant to this section shall be valid for the
dates issued of a particular calendar year and shall expire on December
31 of said calendar year. Permits shall be valid between the hours
of 9:00 a.m. and 9:00 p.m., prevailing time, Monday through Saturday
(holidays excepted.) No more than 10 permits shall be issued at any
time for a particular soliciting or canvassing activity.
b. All circulars, samples or other material shall be handed to an occupant
of the property or left in a secure place on the premises.
c. No permittee shall enter or attempt to enter the house or apartment
of any resident of the township without an express invitation from
the occupant thereof.
d. No permittee shall conduct himself in such a manner as to become
objectionable to or annoy any person while canvassing or soliciting.
e. No permittee shall canvass or solicit upon premises where signs are
located as to give adequate notice of the prohibition of such activity.
In the event the chief of police shall deny any application for a permit, the applicant may appeal that decision within a period of 10 days from the date of denial which appeal shall be filed with the township clerk, such appeal shall be heard by a committee of three members of the governing body appointed for such purpose by the mayor within a period of seven days from the date it is filed. This committee may affirm, modify or reverse the decision of the chief of police and in doing so indicate in writing the reasons for granting or denying the permit. The committee shall apply the standards indicated in subsection
4-2.5 above and relate its findings and conclusions to the objectives of this section as outlined in subsection
4-2.1. The committee's disposition shall be rendered forthwith and shall be final.
a. This section shall not be construed to include the sale and delivery
of milk, eggs, bread, newspapers or such other necessary and perishable
articles of food or merchandise of a type commonly delivered on a
house-to-house basis at intervals of one week or less, nor the selling
of products actually grown by the seller.
b. Any veteran or exempt fireman who holds a special license under the
laws of the State of New Jersey shall be exempt from the fee provisions
of this section but shall be required to comply with all other applicable
provisions hereof.
c. Any non-profit, religious, charitable, recreational, civic or veteran's
organizations, service club, volunteer fire or first-aid company desiring
to solicit or canvass or have solicited or canvassed in its name,
money, donations or financial assistance of any kind or desiring to
sell or distribute any items of literature for which a fee is charged,
shall be exempt from the provisions of this section provided there
is filed a sworn application in writing with the chief of police for
a special permit. Said application shall contain the following information:
1. Name and address of the organization.
2. Purpose for which the special permit is requested.
3. Name and address of the officers, directors or trustees of the organization.
4. Period during which canvassing or soliciting is being carried on.
5. Names and addresses of all canvassers or solicitors engaged by the
applicant.
Upon being satisfied that the organization or association is
bona fide and as represented in its application, the chief of police
shall issue a special permit without charge for the period of time
during which canvassing or soliciting is requested.
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d. Any person canvassing or soliciting for a political candidate or
program shall be exempt from this section.
Permits issued under this section may be revoked by the chief
of police after written notice outlining reasons for any of the following
causes.
a. Misrepresentation or false material statement contained in the application.
b. Misrepresentation or false material statement made in the course
of carrying on activities regulated herein.
c. Conviction of any crime, misdemeanor or disorderly persons offense
or engaging in business activity that would have precluded issuance
of a permit as outlined above.
d. Conducting canvassing or soliciting in an unlawful manner in violation
of the provisions of this section or in such a manner as to cause
a breach of the peace or to constitute a menace to safety or general
welfare of the public.
Any person whose permit has been revoked shall have the right of appeal subject to the procedure and standards as outlined in subsection
4-2.8.
Any person violating any of the provisions of this section shall be subject to the penalties indicated in section
3-10.
It shall be unlawful for any person to conduct a retail food
establishment as defined in and governed by the Retail Food Establishment
Code of New Jersey (1965) without first having procured a license
from the board of health to do so or without complying with all of
the provisions concerning operation and maintenance of the same as
contained in the aforementioned Retail Food Establishment Code of
New Jersey (1965).
The fees for licensing of retail food establishments are hereby
fixed as follows:
a. Markets and other retail food establishments:
Under 5,000 square feet of floor area: $50.
5,000 square feet to 10,000 square feet of floor area: $100.
Over 10,000 square feet of floor area: $200.
Up to 50 seating capacity: $30.
Over 50 seating capacity: $50.
b. Retail food establishment selling foods incidental to a different
primary use:
1. Camps and other retail food establishments selling foods incidental
to a different primary use: $30.
2. Swim clubs and other recreational facilities: $50.
c. Mobile retail food establishments: $5.
d. Temporary retail food establishments: $5.
The above fees may be waived by resolution of the board of health
if the applicant is a nonprofit, charitable organization.
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Licenses shall expire annually on December 31, and application
for renewal thereof shall be submitted together with the required
fee prior to December 1 of the year preceding the year for which renewal
is sought.
A license or approval of a certificate, permit or license issued
by another board of health is not transferable.
Any license issued under the terms and provisions of this section
may be suspended or revoked by the board of health of the township
for the violation by the licensee of any provision of this section
or the Retail Food Establishment Code of New Jersey (1965) or whenever
it appears that the business, trade, calling, profession or occupation
of the person to whom such license was issued is conducted in a disorderly
or improper manner, or in violation of any law of the United States,
the State of New Jersey, or any ordinance of the township, or that
the person conducting the retail food establishment is of an unfit
character to conduct the same, or that the purpose for which the license
has been issued is being abused to the detriment of the public, or
is being used for a purpose foreign to that for which the license
was issued.
A license issued under this section shall not be revoked, cancelled
or suspended until a hearing thereon is held by the board of health.
Written notice of the time and place of such hearing shall be served
upon the licensee at least three days prior to the date set for such
hearing. Such notice shall also contain a brief statement of the grounds
to be relied upon for revoking, cancelling or suspending such license.
Notice may be given either by personal delivery thereof to the person
to be notified or deposited in the United States Post Office in a
sealed envelope, postage prepaid, addressed to such person to be notified
at the business address appearing upon the license. At the hearing
before the board of health the person aggrieved shall have an opportunity
to answer and may thereafter be heard and upon due consideration and
deliberation by the board of health, the complaint may be dismissed,
or if the board of health concludes that the charges have been sustained
and substantiated, it may revoke, cancel or suspend the license held
by the licensee.
If any license is revoked, neither the holder thereof nor any
person acting for him, directly or indirectly, shall be entitled to
another license to carry on the same business within the township
unless the application for such license is approved by the board of
health.
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
It is the intent of this section to license and regulate quarries
for the protection of persons and property and for the preservation
of the public health, safety and welfare of the township and its inhabitants
and to insure that quarrying operations shall be conducted in such
manner as to create a minimum of annoyance from noise and dust to
nearby owners or occupants of property, provide for the safety of
persons, particularly children, and further to insure that the quarried
area shall be suitably and reasonably rehabilitated after quarrying
operations have been completed or otherwise terminated.
As used in this section:
a. QUARRY — Shall mean a place where stone shale or slate is excavated,
crushed, washed, graded or otherwise processed.
b. QUARRYING — Shall mean those aspects of the business of conducting
a quarry as relate directly to the excavation and processing of stone,
shale and slate and the removal thereof from quarry premises.
c. OPERATOR — Shall mean any person engaged in and controlling
the business of conducting a quarry.
d. RECLAMATION — Shall mean the reconditioning of the area of
land affected by quarrying operations to restore same to a productive
use after termination of quarrying operations consistent with the
master plan adopted by the planning board of the township.
e. RECLAMATION PLAN — Shall mean a written proposal approved by
the planning board of the township for reclamation of the area of
land affected by quarrying operations, including land-use objectives,
specifications for grading, manner and type of vegetations, and such
maps and other supporting documents as may be required by the planning
board.
It shall be unlawful for any person to conduct the business
of quarrying within the township without first having obtained a license
therefor in accordance with this section.
Applications for licenses required by this section shall be
made upon forms provided by the township clerk and shall be signed
and verified by the applicant, setting forth or accompanied by the
following information.
a. The name and address of the applicant, if an individual; the name,
residence and business address of each partner, if a partnership;
the name, date and state under which organized, if a corporation,
and if a foreign corporation, whether the same is authorized to do
business in the State of New Jersey (corporate applicant shall indicate
the names of directors, principal officers and local representatives,
their residences and business addresses).
b. A legal description of the premises where the business is to be conducted
and a map of the premises prepared by an engineer or land surveyor
licensed in the State of New Jersey showing the entire tract involved,
all roads or buildings within 500 feet thereof, existing and proposed
final contours of the land involved and adjoining lands, contours
to be created by the quarrying operation at twenty-foot intervals,
and all brooks, streams or bodies of water on the tract involved and
within 500 feet therefrom.
c. Data relative to the ownership of the tract involved or any interest
of the applicant, its officers, directors, or stockholders in adjoining
property. In the event the applicant is not the owner, written consent
of the owner must be furnished.
d. Plans and specifications indicating places where quarrying is to
be conducted, all entrances or exits to the tract involved, fences,
gates or buildings erected or to be erected, equipment used or to
be used in the operation, and a narrative describing the method of
operation.
e. The hours during which the quarry will be operated.
f. Certificates of insurance attached to the application evidencing
liability insurance coverage in amounts of not less than $1,000,000
for personal injury, including death (for each person or each occurrence),
and $300,000 for property damage.
Prior to approval of any application, a plan for reclamation
of the site shall be submitted to the township clerk and referred
to the planning board for report in accordance with the provisions
of N.J.S.A. 40:55D-26. The planning board shall make its report within
a period of 45 days after the referral. The reclamation plan shall,
in addition to showing the ultimate plans therefor, indicate measures
to be taken during the course of quarrying operations which will lead
to reclamation of the site and shall include the following:
a. The date required under section
4-5.4b above.
b. Wherever practicable, provisions shall be made for grading of all
slopes to a rolling topography not to exceed 45°. After the effective
date of this ordinance, ultimate quarry faces sloped in excess of
45° shall be benched at heights not exceeding 50 feet to permit
trimming of faces and removal of loose material. Adequate access ways
shall be provided to all benches.
c. Where top soil has been removed, provisions shall be made for setting
aside and retention on the premises sufficient arable soil to be distributed
over the premises to a depth capable of supporting vegetation. Where
final contours are of such slope as to make the replacement of top
soil impractical, such slopes (except quarry faces in excess of 45°)
shall be planted with rootable plant material in sufficient number
and of sufficient size to minimize erosion.
d. Provisions shall be made for reasonable portions of initial or existing
quarrying operations to be reclaimed prior to the opening of new areas.
To the extent practicable, the reclamation plan shall make provisions
for simultaneous quarrying and reclamation.
e. Provisions shall be made for adequate drainage during quarrying operations
and after termination of same.
f. Provisions shall be made for lateral support slopes and grades abutting
streets and lands during quarrying operations and after termination
of same.
g. Provisions shall be made for the preservation of land values and
uses of the quarry premises and surrounding areas after quarrying
operations have been terminated.
h. Such other factors that may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the township.
i. The reclamation plan shall remain in effect until such time as quarrying
operations are terminated. Nothing herein shall require that a reclamation
plan be resubmitted annually; however, reclamation plans may be amended
or revised from time to time as quarrying operations proceed.
j. Provisions shall be made for the completion of all reclamation within
a period of one year after termination of quarrying operations.
k. An original reproducible copy of the reclamation plan and any amendments
or revisions thereof shall be filed with the township clerk.
Prior to approval of any application for a license, the applicant shall submit a performance bond with adequate surety to assure reclamation of the site of operations pursuant to the provisions of subsection
4-5.5 above and in accordance with the following standards:
a. The form of the performance bond shall be subject to approval by
the township attorney and shall be in such amount as may be approved
by the township committee but in no event to exceed 1% of the highest
annual gross sales of quarry material over the preceding six-year
period.
b. The surety thereon shall be a recognized surety company authorized
to do business in the State of New Jersey and approved by the township
committee. In lieu of a corporate surety, the applicant may assign
to the township a savings account in the amount of the bond as aforesaid
and in such form as approved by the township attorney.
c. Periodic inspections shall be made by the quarry inspector to evaluate
performance of the applicant with respect to reclamation procedures.
A report of his findings shall be submitted from time to time to the
township committee.
d. At the request of the applicant, the amount of the performance guarantee
shall be adjusted annually provided the basis therefor is substantiated
by said applicant.
e. The performance guarantee shall remain in full force and effect during
the entire period that quarrying operations are conducted and until
completion of reclamation after termination of same.
Each application shall be accompanied by a fee of $200 to be
applied toward the cost of engineering examination of the application
and the applicant shall further deposit the sum of $500 to be applied
toward the cost of inspection as provided herein.
The office of quarry inspector is hereby created and established.
The quarry inspector shall be appointed by the township committee
for a term of one year expiring on December 31 for the year for which
appointed and shall receive such compensation as the township committee
shall fix by ordinance. The duties of the quarry inspector shall be
to conduct a monthly inspection of the licensed premises in order
to determine whether operations are being conducted in accordance
with the application therefor and the terms and provisions of this
section. The quarry inspector shall also submit written reports of
such inspections from time to time and as may be required by the township
committee. The quarry inspector is further designated as the enforcing
officer of this section and shall investigate any and all alleged
violations thereof.
a. Quarrying may be conducted only from Monday through Saturday between
the hours of 6:00 a.m. and 6:30 p.m., prevailing time, except:
1. Quarrying shall not be conducted for a period in excess of nine gross
hours per day; and
2. No quarrying shall be conducted on Sundays.
b. All drilling must be done by the wet drilling method or by any other
method of equivalent effectiveness for dust control.
c. All roads or traveled rights of way within the licensed premises
must be treated with calcium chloride or road oil in order to reduce
the accumulation and dissemination of dust. Calcium chloride or road
oil must be applied at least once every 10 days during the period
May 1 to November 15 of each year.
d. No quarrying shall be permitted which will reduce the quarried area
below the lowest grade of adjoining properties or roads, nor shall
any quarrying be permitted which will endanger the lateral support
of abutting properties. In the event quarrying or excavation should
result in face slopes in excess of 45°, a minimum leveled (or
natural) buffer area of 50 feet shall be provided between any quarry
boundary line and the commencement of the slope.
e. In no case shall any quarry products, equipment or other materials
be deposited or stored on any property, public or private, other than
the licensed premises. No buildings, equipment, quarry products or
other materials shall be erected or stored within a distance of 50
feet of any quarry boundary line.
f. A chain link fence of a minimum height of six feet shall be erected
around the perimeter of the licensed premises and all means of ingress
and egress shall be controlled by substantial gates of similar height,
which gates shall be closed and securely locked when not in actual
use. Reasonable variations of fence alignment may be made along the
perimeter in order to accommodate existing natural features and terrain
thereby making erection of the fence practicable within the boundary
lines of the quarry premises.
h. Signs shall be maintained at all entrances' or exits of the quarried
premises indicating the name and address of the licensee and that
the business being conducted is a licensed quarry operation.
i. Where conveyors discharge material of less than one inch in diameter
onto stockpiles of such material, either of the following requirements
shall be observed:
1. The free and uncontained fall of the material being stockpiled from
the conveyor to the highest point of the stockpile shall not exceed
a distance of six feet.
2. Where the free and uncontained fall of the material being stockpiled
from the conveyor to the highest point of the stockpile shall exceed
a distance of six feet, a high-pressure water mist spray shall be
directed onto the material as if falls from the conveyor to the stockpile
in such manner as to reduce the accumulation and dissemination of
dust.
j. Wherever the licensed premises abuts a public street or road, a solid
and continuous landscape screen shall be planted and maintained. The
landscaping shall consist of massed evergreen and deciduous trees
and shrubs of such species of density as will provide a solid and
continuous screen throughout the full course of the year.
k. All crushing and processing of quarry materials must be conducted
by use of a wet method of dust control or by local exhaust systems
of equivalent effectiveness.
All license applications shall be reviewed by the quarry inspector
and certified as to whether or not they comply with the requirements
of this section and, if so certified, the township committee shall
approve the issuance of a license to operate the quarry described
therein. Licenses shall expire on December 31 of each year and be
renewed annually upon filing an application therefor in accordance
with the standards outlined above. Initial licenses issued during
a calendar year shall expire on December 31 of the same year. A quarry
presently in operation may, upon filing an application for license
as provided above, continue operation pending action upon said application
by the township committee.
After 10 days' notice and an opportunity to be heard, the township
committee may revoke or suspend any license issued under this section
if it finds that the licensee is violating the terms or provisions
hereof or of any applicable statute of the State of New Jersey.
This section shall be enforced by the quarry inspector, who
shall investigate any violation of this section coming to his attention,
whether by complaint or arising from his own personal knowledge. If
a violation is found to exist, he shall serve a written notice by
certified mail or personal service upon the owner or other party in
charge of the licensed premises, which notice shall require the violation
to be abated within a period of 10 days from the date of service thereof
or within such lesser period of time as the quarry inspector shall
deem reasonable in cases where the danger to public health, safety
and general welfare is so imminent as to require more immediate abatement.
If such person fails to abate the violation within the time specified,
the quarry inspector shall notify the township committee and prosecute
a complaint to terminate the violation in municipal court.
For the purpose of this section, the terms used herein are defined
as follows:
JUNK
Shall mean old or scrap copper, glass, brass, rags, batteries,
paper, trash, rubber, debris, waste or junked, dismantled or wrecked
automobiles or parts thereof, iron, steel and other old or scrap,
ferrous or nonferrous metals and any old, discarded or any waste material
of any type and all other materials commonly or generally known as
"junk" in the ordinary meaning of the word.
JUNKYARD
Shall mean a place where old metal, junk or material of any
kind, including, but not by way of excluding, disabled vehicles either
held or not held for sale in parts of as junk metal or materials,
paper, glass, rags, bags or other old material is collected, bought,
sold, stored or dealt in. Any place, establishment or land which is
maintained, operated or used for storing, keeping, buying, selling
or just leaving junk on said premises or for the maintenance or operation
of an automobile graveyard is hereby defined as a "junkyard".
a. Where at the effective date of adoption of this section the lawful use of land as a junkyard exists that is made no longer permissible under the terms of chapter
16 of this code, such use may be continued as a nonconforming use so long as it remains otherwise lawful subject to the provisions of this section and provided further that the person who shall own, establish, operate or maintain any junkyard shall obtain a license for such junkyard from the governing body of the township.
b. Every applicant for a license engaged in such an existing business
shall file with the township clerk a written application signed by
the applicant or applicants and owner or owners of the premises upon
which the junkyard is located, which application shall contain the
following information:
1. The name and address of the applicant or applicants and if a firm
or corporation, the names and addresses of the officers and the registered
agent or partners.
2. The length of time said applicant or owner used the premises as a
junkyard prior to filing the application.
3. A full description of the premises used as a junkyard and which is
to be licensed including a metes and bounds description of the lands
constituting the premises together with a description of any buildings
and improvements thereon, and a sketch, diagram or map of the lands
desired to be licensed.
4. A description of the type and size of any buildings to be maintained
as a junkshop.
5. A description of materials to be purchased or sold or stored in any
junkshop or in any junkyard.
6. A plan or survey of the premises used showing the existing and any
proposed entrances or entranceways to the premises used as a junkyard
and the names and addresses of all owners of real estate within a
radius of 500 feet on each and every side of the premises occupied
by the applicant.
c. The applicant shall at the time of filing such application for the
initial license pay to the clerk of the township a license fee of
$200.
d. The township clerk shall present any application together with the
fee accompanying the same to the township committee at its next public
meeting.
e. If the applicant is not the owner of the site where the business
is being conducted, the owner's consent to the conduct of the business
described in the application shall be endorsed in writing on the application
or otherwise annexed thereto.
f. Any license granted by the township committee under this section
shall expire on the December 31 of the year in which the license is
granted. Thereafter the license may be renewed for a one-year period
commencing January 1, by making application therefor to the clerk
of the township not later than the first day of December and depositing
with the township clerk the sum of $200 as payment of the annual license
fee.
g. Each license holder shall post his license in a conspicuous place
on the licensed premises.
h. Upon receipt of the application, the township clerk shall forward
a copy of same to the township police department, which shall forthwith
investigate the character and background of the applicant or, if the
applicant is a legal entity, the character and background of the principals,
partners, stockholders or any person holding a beneficial interest
therein, or of a firm or limited partnership holding an interest in
such entity. The investigation shall be concluded as soon as practicable
and a written report thereof shall be transmitted to the township
clerk by the police chief or such official as designated by the chief
of police.
All junkyards which are lawfully operating in the township shall
comply with the following regulations.
a. It shall be unlawful to stack, pile or place motor vehicles or any
other junk or materials upon such premises in such a manner as to
create a place for the harboring or breeding of mice, rats or other
vermin, or to stack, pile or place junk higher than six feet.
b. All junkyards shall be completely obstructed from the view of every
and all adjoining landowners and from any and every public street.
Unless a junkyard is so located whereby there is such natural environmental
obstruction that obstructs the view of the junkyard from all and every
adjoining landowner and every and all public streets, every junkyard
and places where junk is stored shall be enclosed completely on all
sides by a fence at least 10 feet high and of a type and construction
as shall be approved by the building subcode official of the township.
There shall be no advertisement allowed or any description or writing
on the fence except the name of the business, if any, and the writing
shall not exceed an area of six square feet. The fence shall be kept
in good repair at all times and shall have no openings through which
persons or animals may enter, except for doors or gates necessary
for ingress and egress to the junkyard, which doors or gates shall
be kept closed at all times except when actually needed for ingress
or egress. The doors or gates herein described shall not exceed 15
feet in width, and there shall be no more than two such openings.
Each entrance and exit to the licensed premises shall be well
marked as such by appropriate signs, and automobiles shall be allowed
to enter and leave the licensed premises only at established entrances
and exits respectively. The purposes of the provisions of this paragraph
are to prevent cars from promiscuously or surreptitiously entering
and leaving the licensed premises, thus preventing interference with
traffic upon adjacent public highways and lessening the likelihood
of accidents and injuries, and to permit observation of the licensee's
operation by those municipal officials who are charged hereunder.
No damaged or disabled vehicle, junk or salvage materials shall be
parked, stored or placed outside the limits of the fence. The fence
shall be constructed by each licensee within six months from the date
of adoption of this section and shall otherwise comply with all zoning
requirements respecting setbacks and side yard requirements for structures.
c. Burning is hereby prohibited.
d. No junk or rubbish or salvage material of any type shall be maintained
outside the enclosure surrounding any junkyard, nor outside of any
junkshop.
e. It shall be unlawful to hammer or pound any metal or other materials
on said premises between the hours of 7:00 p.m. and 7:00 a.m. from
Mondays to Saturdays inclusive, or at any time on Sundays.
f. No license issued pursuant to the terms of this section shall entitle
any licensee to operate under license at, in or on any lot, building,
dwelling or location or any part thereof other than that specified
in the license, and no license shall be assignable or transferable
to any other person or party whatsoever.
g. No materials of an explosive nature shall be maintained or demolished
on any premises.
h. No materials shall be kept or maintained on any premises, lands or
locations which shall be of such odorous nature as to be offensive
to adjoining landowners and property owners or other inhabitants in
the area of the licensed premises.
i. The licensee shall maintain sufficient fire extinguishers on the
licensed premises at all times, and shall also establish fire protection
according to standards of applicable codes.
j. No part of any junkyard or junkshop shall be located within 200 feet
from any private residence not owned by the applicant, or from any
church or school.
k. No licensee shall purchase any junk or junk related material from
minors.
No flammable materials shall be stored unless the fire chief
of the township is notified of the presence of such materials and
such materials shall be stored in such manner as the fire chief may
require for the purpose of eliminating fire hazards. All gasoline
must be removed from gas tanks of wrecked automobiles brought upon
the premises within a period of one hour from receipt of same.
Each licensee shall provide a quarterly report to the chief
of police detailing the year, model and serial number of each motor
vehicle acquired by the licensee during the previous three-month period.
Such reports shall be based upon the quarters of January through March,
April through June, July through September and October through December.
These reports shall be received by the chief of police by the 15th
calendar day of the first-month of the succeeding quarter.
The junkyard shall have, within the enclosure, adequate space
for parking, off the public streets, of all motor trucks and trailers
and other motor vehicles owned by the proprietor, or under his control,
that are used in the operation of the business.
The junkyard shall have within the enclosure adequate accessible
space for the accommodation, off public streets, of all motor trucks
and trailers of others at the yard while engaged in bringing junk
to the yard or carting it therefrom.
The junkyard proprietor shall not place, or permit others to
place, any junk outside the enclosure.
a. The township by issuing said license reserves the right to refuse
the renewal of any existing license upon a finding by the township
committee that the operation of said junkyard at the premises used
for such purpose is detrimental to the health, safety and general
welfare of the public. The granting of a license under this section
shall not be construed for any purpose as permission to the licensee
to maintain any condition which would constitute a public or private
nuisance or maintain any condition which would violate the regulations
propounded in this section. Should the township determine on the hearing
of the application for renewal of the existing license that there
is probable cause for refusing to renew said license, the township
clerk is to immediately notify the applicant that the township will
hold a hearing on whether or not said license should be renewed. Such
notification should inform the applicant of the time and date and
the place of the hearing, which hearing shall be held within not less
than 10 nor more than 20 days from the date of service of such notice.
The applicant shall then have an opportunity to be heard on the issue
of whether or not said license should be renewed. The township clerk
shall also notify all property owners within 500 feet of the subject
junkyard of the time and place and date of the hearing. All of the
notices shall be sent by certified mail, return receipt requested.
b. The township committee may authorize a temporary permit for such
licensee until the hearing has been completed and a determination
made so that the business of a licensee may not be suspended or interfered
with unreasonably by filing of any written objections.
a. The township committee may revoke any license granted at any time
during the period for which the license was issued on the township
committee's own action or on the objection of any taxpayer or inhabitant
of the township upon any violation of the provisions of this section,
after a hearing provided to the licensee following complaint in writing
and at least 10 days' notice to the licensee setting forth the grounds
of complaint.
b. The licensed premises shall be open to inspection by the building
subcode official and zoning officer of the township police department
and the board of health of the township at any reasonable time of
day or night.
All licensed premises shall be at all times subject to such
rules and regulations as may hereafter be made by the township committee
and shall be subject to inspection by the building subcode official,
and zoning officer, police department and the board of health or any
of their agents. The building subcode official and zoning officer
of the township and the board of health of the township shall have
the responsibility of administering this section and making all complaints
under this section.
There shall be no refund to a licensee of any of the license
fees upon either the surrender or the revocation of a license granted
hereunder.
All penalties imposed under this code for violations thereof
shall be independent of one another, and the township shall have the
option of whether to prosecute a violation in the municipal court
of the township or whether to move for revocation of the licensee's
license, or both.
Raffles, as defined and set forth in N.J.S.A. 5:8-50 et seq.,
shall be legal within the Township of Warren provided that the same
are operated in accordance with the provisions of said statute as
the same may be supplemented and amended from time to time. The provisions
of N.J.S.A. 5:8-69 (adoption by voters) have been complied with.
An applicant desiring to conduct a raffle within the Township
of Warren shall file a written application with the Township Clerk
in the form prescribed by N.J.S.A. 5:8-52 (as set forth in N.J.A.C.
13:47-1.1 et seq.).
The township committee authorizes and delegates the authority
to issue raffle licenses to the township clerk. The township clerk
shall cause an investigation to be conducted of the qualifications
of each applicant for a raffles license in accordance with the provisions
of N.J.S.A. 5:8-53 and the provisions of N.J.A.C. 13:47-1.1 et seq.
If the applicant is found to be qualified for the license, the same
will be issued by the township clerk pursuant to N.J.S.A. 5:8-53 and
the provisions of N.J.A.C. 13:47-1.1 et seq. In accordance with the
provisions of N.J.A.C. 13:47-4.10, all qualified organizations (as
defined in N.J.S.A. 5:8-51 and N.J.A.C. 13:47-1.1) to be issued a
raffles license shall be exempt from payment of any municipal licensing
fee. However, nothing in this subsection shall be construed as exempting
such organizations from payment of any fee due the New Jersey Division
of Consumer Affairs, Legalized Games of Chance Control Commission,
as set forth in N.J.S.A. 5:8-53 and N.J.A.C. 13:47-4.9 as the same
may be amended and supplemented from time to time.
All matters of any nature whatsoever pertaining to the use of
a raffles license issued hereunder or any other matter whatsoever
related to the said license shall be governed and controlled by the
provisions of N.J.S.A. 5:8-50 et seq., as amended from time to time
and this subsection incorporates the provisions of that statute herein
as if the same were set forth at length.
The township clerk shall have the authority to issue raffles
licenses for the holding, operating and conducting of raffles on Sundays,
subject to any special provisions made applicable thereto and also
subject to compliance with the provisions hereof.
Any person, association or corporation violating the provisions
hereof shall be a disorderly person and be subject to the provisions
of N.J.S.A. 5:8-50.
It shall be unlawful for any person to hold, conduct or take
part in any parade, procession, meeting, benefit walks, runs, races,
events utilizing any public street, concerts or similar activity through,
in or upon any public street unless he shall first have obtained a
permit for same in accordance with the requirements of this section.
An application for a permit required by this section shall be
made upon forms provided by the township clerk and shall be signed
and verified by the applicant, setting forth or accompanied by the
following information:
a. The name and address of the applicant if an individual; the name,
residence and business address of each partner if a partnership; the
name, date and state under which organized if a corporation, and,
if a foreign corporation, whether the same is authorized to do business
in the State of New Jersey. A corporate applicant shall indicate the
names of directors, principal officers and local representatives,
their residence and business addresses.
b. The day, time and location of the proposed function.
c. Data relative to the route to be traveled.
d. The hours when the event will start and end.
e. The expected number of persons who will constitute or partake in
the event. If animals will be included in the public assembly, then
identify the type, number, domestic or wild and modes of restraint.
If vehicles, then identify the number and license plate identification
of each.
f. A signed indemnification and hold harmless agreement in a form satisfactory
to the township attorney.
g. A certificate of insurance with the township, the Warren Police Department,
its elected officials, employees and agents listed as additional insureds.
The certification of insurance for the public assembly shall have
a minimum of $1,000,000 combined single limit for bodily injury and
property damage as well as automobile public liability (if applicable)
and property damage insurance with a minimum of $500,000 for property
damage. The insurance policy may not be canceled or materially altered
without written consent of the township. This requirement can be waived
by the township administrator for governmental, school or not-for-profit
entities at his discretion.
h. Any additional information that the chief of police may reasonably
require to aid in his review of the permit application.
Each application shall be accompanied by a fee in the amount
of $50 payable to the order of the township. This fee can be waived
by the township administrator for governmental, school or not for
profit entities at his discretion.
Each application shall be filed with the township clerk, who
shall refer the application to the chief of police for review. The
chief of police shall issue a permit after he determines one or all
of the following: (1) that there will be no unreasonable inconvenience
to the public in the lawful use of any public street or public place;
(2) that the activity will not create, cause or encourage any public
disorder or disturbance; (3) that the activity will not limit in any
manner police officers in the exercise of their duties to regulate
traffic generally and to maintain peace and order; (4) that the event
will not require the diversion of so great a number of police officers
as to prevent normal police protection of the township; and (5) that
the health and/or safety of the public at large or any particular
person or entity is not otherwise unreasonably affected by the event.
The chief of police shall notify the applicant in writing within
14 calendar days from the date the application is transmitted to him
by the township clerk of the result of his review. If the application
is denied, then a brief statement of the reasons for denial shall
be supplied. If approved, the chief of police shall transmit a copy
of the approved permit to the township administrator and clerk. The
chief of police shall not issue a permit for an event that coincides
within 48 hours of the expiration of another event. No permit shall
issue for two events on the same date.
Any person, firm or corporation that shall be convicted of a
violation of any provision of this section shall, upon conviction
thereof by any court authorized by law to hear and determine the matter,
be subject to a fine not exceeding $500 or imprisonment for a term
not to exceed 30 days or community service not to exceed 90 days.
Each day that such violation exists shall constitute a separate offense.
It shall be unlawful for any person to conduct a public auction
or flea market in the township without first having procured a permit
from the township clerk and complying with all requirements of this
section.
Each application shall be accompanied by a fee in the amount
of $100 payable to the order of the Township of Warren.
Each applicant shall file an application with the township clerk
on forms provided by the township and shall contain the following
information:
a. Name and address of applicant.
b. General description of applicant (nature of organization).
c. A description of the premises upon which auction or flea market is
to be held and of improvements thereon. A sketch or diagram shall
be attached to the application showing roads within a 500-foot area
of the premises in question; approximate location of improvements,
occupancy limits for each building to be occupied, available sanitary
facilities, and area available for parking.
d. Approximation of number of patrons and number of vehicles per day.
e. Proposed entrances and exits to and from the premises in question
and plans, if any, for traffic control.
f. If food is to be served, location and description of facilities to
provide same.
g. Dates and hours during which activities are to be conducted.
a. To qualify for a permit, an activity regulated hereunder must comply
with all zoning requirements and all other local, state and federal
requirements. All applications shall be referred to the construction
official, fire subcode official and zoning officer for review and
approval. Applications for permits reviewed hereunder shall be granted
or denied within a period of 10 working days from date of submission.
b. All activities to be conducted shall be so conducted as not to create
unnecessary traffic congestion or any other safety risks to persons
or property. All applications shall be referred to the chief of police
for review and approval.
c. No food shall be served at the premises in question unless proposals
for same have been reviewed and approved by the health officer. Approved
sanitary facilities shall be provided.
d. Activities requested hereunder may be conducted between the following
hours:
1. Flea Markets and Auctions (outdoors) 8:00 a.m. to 9:00 p.m.
2. Flea Markets and Auctions (indoors) - 8:00 a.m. to 11:00 p.m.
e. No activity regulated hereunder shall be conducted through the use
of any mechanical noise devices, amplified sound device or any other
noise making device causing an annoyance to residents in the area.
f. No activity regulated hereunder shall be conducted in such manner
as to create a public or private nuisance.
After five days' notice and an opportunity to be heard, the
township committee may revoke any permit issued under this section
if it finds that the permittee is violating the terms or provisions
hereof or of any applicable local, State or Federal requirement. A
shorter period of notice may be given in the event the public health
or safety would so indicate.
This section shall not apply to garage sales or liquidation
sales in which personal property used upon the premises are sold through
auction provided no additional personal property is brought on to
the premises for sale in the auction from outside sources.
This section shall be enforced by any police officer or other officer or representative of any agency indicated in subsection
4-10.4 hereof. If a violation is found to exist, the enforcing officer shall serve a written notice on the permittee by certified mail or personal service or on any representative of the permittee, which notice shall require that the violation be abated within a period of five days from the date of service (or such shorter period as the public health, safety, or general welfare would indicate). In the event the violation is not abated within the period of time indicated, the enforcing officer shall promptly notify the township committee and prosecute a complaint in municipal court.
A license shall be required for automatic amusement games, of
the type commonly known and designated as bagatelle, baseball or pinball
games, marble machines, skill ball, mechanical grab machines, video
type games or machines, or similar devices that use a display screen
for points, lines and dots of light that can be manipulated to simulate
games or other types of entertainment, or similar machines or devices
operated, maintained or used in any public or quasi-public place,
including buildings, stores, or other places wherein the public are
invited, and particularly, but not limited to, coin or token operated
amusement devices. All such machines shall not be placed, operated,
maintained or used within the municipal limits of the Township of
Warren without first having obtained a license for that purpose; provided,
however, that no person who shall be convicted of a crime or a violation
of any township ordinance involving gambling shall be issued a license,
and provided further, that if a license shall be issued and the person
to whom it has been issued shall be thereafter convicted of crime,
or a violation of any township ordinance involving gambling, said
license shall immediately be revoked by the Township of Warren.
The license fee for each machine shall be $100 per year. The
license period shall be from January 1 to December 31 of each year.
The fee shall be paid upon the first licensing of the premises and
shall be prorated from the first day of the month in which such license
is issued to the end of such licensing year.
a. Applications for license shall be made to the township clerk in writing,
on forms supplied by the township. Accompanying the same shall be
the required license fee for each machine so desired to be licensed.
b. The applicant shall state his full name, residence, and business
addresses; the location, street and number of the place where the
machine is to be installed and the type of business carried on at
said place.
c. The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding 10% or more of
the stock of the corporation, each officer and each director, if the
applicant is a corporation; and concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the business
premises:
1. Name, complete residence address and residence telephone numbers.
2. The two previous addresses immediately prior to the present address
of the applicant, or officer thereof, submitting the application.
4. Whether or not the applicant has been previously licensed by any
public or governmental authority to maintain coin-controlled amusement
devices for use by the public or has previously applied for such a
license, and whether or not such a license has been denied, revoked,
or suspended and the reason therefor.
5. All criminal convictions, fully disclosing the offense for which
convicted and the circumstances thereof.
6. A complete set of fingerprints, taken and to be retained on file
by the police chief or his authorized representative.
7. Such other information as may be required by the police chief to
discover the truth of the matters hereinbefore required to be set
forth in the application.
8. Authorization for the township, its agents or its employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application.
9. The names and addresses of three adult residents of the County of
Somerset who will serve as character references.
10. Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly made before an individual authorized
to administer oaths within the State of New Jersey, which individual
shall affix his sign or seal thereto.
11. Number of licenses desired.
12. Address where device(s) is (are) to be located.
13. Description of device or devices, including the name of the manufacturer
and serial number.
d. The written consent of the owner of said business where the machine
is to be installed shall be attached to and made a part of the application,
if applicable.
e. The applicant shall state his age, whether he is a citizen, and if
naturalized, the date and place of his naturalization.
f. The chief of police shall make due investigation of each applicant
and, if satisfied that the applicant is a proper person to whom a
license shall be issued, the chief of police shall recommend to the
township clerk that the applicant be granted a license subject to
the provisions of this section.
g. Any applicant who shall be aggrieved by reason of the failure of
the township clerk to issue him or her a license may, by written request
made to the township committee, be given a hearing to review the action
of the township clerk in failing to grant said application for license.
It shall be unlawful in the Township of Warren to place, maintain,
control, conduct or operate more than five of the aforesaid devices
in any one business establishment.
The use provided herein shall be limited to ancillary or accessory use only within a building or premises used for a use permitted in the NB-Neighborhood Business District and CB-Community Business District of the Township of Warren. Nothing contained in this article shall be construed as amending Chapter
16, Zoning, of the Revised General Ordinances of the Township of Warren to include amusement device parlors or arcades or similar establishments as a permitted use in the aforementioned zones. No amusement device shall be operated in any public or quasi-public place whose primary purpose is to make said games available to the public. The primary purpose of a place shall be to make said games available to the public if more than 1/10 of the floor space open to the public shall be devoted to the use of said games.
a. No amusement device shall be located in any premises within 500 feet
of a school.
b. Each device shall be located at least 10 feet from the entrance way
to the premises in which located and placed so that it does not obstruct
or interfere with the free and unfettered passage of patrons or users
of the premises.
c. Each device shall have unobstructed perimeter zone or distance of
four feet around the sides of the three linear borders of said device
wherein users of said device may use, watch or wait to use said device.
Any persons who shall use or permit to be used any of the machines
or devices licensed hereunder for the purposes of gambling shall be
deemed to be guilty of a violation of this section and punishable
therefor as hereinafter provided.
The holder of a license shall be permitted to transfer the license
within the calendar year for which it has been issued to any other
like machine operated in the same premises in place of the machine
from which the license has been transferred; provided, the licensee
has immediately notified the township clerk of the Township of Warren
of such purpose and communicated to it the type of machine to which
said license has been transferred.
a. The provisions of this section requiring an operator's license shall
not be applied to any church, paternal or veterans organizations or
other religious groups, charitable or non-profit organization which
operates any coin-controlled amusement device for the use of its members
and their guests and on premises owned or controlled by it.
b. No license shall be issued to any person under 18 years of age.
Any operator who has violated this chapter, shall, upon conviction,
be subject to a fine not exceeding $500 and/or imprisonment not exceeding
90 days for each offense. A separate offense shall be committed on
each day during or on which a violation or failure to comply has occurred
or continued.
Any machine shall be impounded by the police or seized and destroyed,
if it is suspected that the machine is being used for gambling purposes.
The chief of police shall be responsible for the enforcement
of this section and inspection of any place or building in which any
such device shall be operated as well as testing such device on reasonable
occasions to determine their compliance herewith.
a. Revocation of license. Any time after the granting of said license,
the township committee may, in the reasonable exercise of its discretion,
revoke the same, if after hearing it finds:
2. False or incorrect material on the application or information furnished
by the applicant.
3. Failure to maintain good and safe conduct on the premises.
4. Violation of the laws of the State of New Jersey, of this or other
ordinances of the Township of Warren.
5. The presence of the machines result in gambling, obscene and loud
language disturbing to the public or to other patrons of the premises,
creating of a nuisance, excessive noise, litter, traffic or rowdyism
by the patrons.
b. Posting and display. An operator's license granted pursuant to this
section shall:
1. Be posted in a conspicuous place at the location for which said license
was granted.
2. State the name and address of the licensee.
3. State the manufacturer, model number and serial number for each and
every mechanical amusement game for which said license was issued.
This section is enacted for the purpose of raising revenue, and for the regulation and control of automatic amusement devices as defined in subsection
4-11.1 hereof. The objective of this section is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located, the promotion of gambling, loitering, or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
If any section, clause, provision or portion of this ordinance
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the ordinance shall not be affected thereby.
Upon passage and publication, this ordinance shall be given
retroactive effect from January 1, 1982.
The purposes of the within section are:
a. Discouraging unethical and dishonest business practices.
b. Reimbursement to the township for expenses.
The fees to be charged for the issuance of licenses are not
to be considered as revenue but are charged for the purpose of covering
the expense of investigation and regulation of the conduct of the
licensees and their businesses.
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a. MERCHANDISE — Shall mean all goods, wares, food, fruit, plants,
flowers, vegetables, farm products, magazines, periodicals and any
and all kinds of articles of personal property; and orders or contracts
for a service, home improvement or alteration shall be considered
"merchandise" within the terms of this chapter as well as any other
item or items of any nature whatsoever that is or are offered for
sale to the public.
b. PERSON — Shall mean any individual, firm, partnership, association,
group of persons, corporation or any other entity of any nature whatsoever.
It shall be unlawful, without first having procurred a license
from the chief of police and complying with all requirements of this
section, for any person to offer merchandise for sale outside a building
in the township, unless that person is the bona fide long-term (more
than one year) tenant or owner of the said property and the said owner
or tenant has complied with all zoning requirements, and all other
local, State and Federal requirements relative to the sale of said
merchandise. Such licensing shall not be transferable.
The fee requirements only of this chapter shall not apply to
the following (all other provisions of this chapter shall apply):
a. Any charitable, religious, non-profit, recreational, civic or veteran's
organizations, benevolent society, service club, volunteer fire or
first aid company, school, political club or party provided a substantial
portion of its membership is from the township.
b. Any person honorably discharged from military services of the United
States possessing the appropriate license issued in conformity with
N.J.S.A. 45:24-9 and 10.
c. Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity
with said law.
In the event a person claims an exemption hereunder, he shall
apply to the police chief of the township for a special license to
sell his merchandise and once the police chief satisfies himself that
the person is entitled to a special license, the same shall be issued
forthwith. A person exempt from the licensing requirements hereunder
shall not sell merchandise until obtaining the aforesaid special license.
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Applications for licenses shall be made upon forms provided
by the township, shall be filed with the chief of police of the township
and shall contain the following information:
a. Name, age, and physical description of the applicant;
b. Complete permanent home and local address of the applicant;
c. Description of the nature of the business or activity and the merchandise
to be sold and sufficient information to determine whether or not
the activity contemplated is interstate or intrastate;
d. Two recent photographs of the applicant which shall be approximately
2 1/2 inches by 2 1/2 inches in size showing the head and
shoulders of the applicant in a clear and distinguishing manner;
e. The days and dates upon which the sales are to be conducted;
f. A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly persons offense and if so the
details thereof;
g. The fingerprints and social security number of the applicant; and
h. The specific place where the merchandise is to be sold.
Upon receipt of an application, the chief of police shall cause
an investigation to be made of the applicants's business and moral
character for the protection of the public safety and welfare. In
the event the investigation as aforesaid should reveal any of the
following results, the chief of police shall deny a license to the
applicant.
a. Conviction of any crime or misdemeanor involving arson and other
burnings, atrocious assault and battery, breaking and entering, bribery
and corruption, burglary, conspiracy, embezzlement, conversion and
misappropriation of funds, extortion or threats, forgery and counterfeiting,
frauds and cheats, indecency and obscenity, larceny, loan sharking,
possession or use of a controlled dangerous substance, rape and carnal
abuse, receiving stolen property, robbery, seduction, and any other
crimes against the person or crimes involving moral turpitude.
b. Conviction of any misdemeanor or disorderly persons offense involving
being unable to give a good account, common thieves, burglars and
pickpockets, carrying weapons or burglar tools, conspiracy, unlawful
soliciting, assault and battery, frauds and misrepresentations, possession
or use of habit-producing drugs, shoplifting, and any other offense
involving moral turpitude.
c. Business pursuits resulting in fraud, misappropriation of funds or
similar activity.
The above crimes, misdemeanors or disorderly persons offenses
shall be deemed to be those as defined or equivalent to crimes and
disorderly offenses defined by law in the State of New Jersey.
In the event the chief of police shall deny a license to the
applicant, the chief of police shall detail reasons for such denial.
In the event the investigation as aforesaid should not disclose
any of the above, a license shall be issued forthwith by the chief
of police upon which shall be affixed one photograph of the applicant
signed by the chief of police in such manner that part of his signature
shall cover part of the photograph.
Each applicant when selling merchandise within the township
pursuant hereto, shall carry the license at all times and shall exhibit
the same to any citizen or police officer upon request.
[Ord. 82-21.]
A fee of $15 shall accompany each application referred to above
to defer costs of processing the same. Upon issuance of a license
by the chief of police, the applicant shall pay the sum of $500 for
each day or portion of a day that he intends to offer merchandise
for sale outside a building in the township.
[Ord. 82-21.]
a. All licenses issued pursuant to this section shall be valid for the
dates specified thereon.
b. No licensee shall conduct himself in such a manner as to become objectionable
to or annoy any person.
[Ord. 82-21.]
In the event the chief of police shall deny any application for a license, the applicant may appeal that decision within a period of 10 days from the date of denial which appeal shall be filed with the township clerk. Such appeal shall be heard by a committee of three members of the governing body appointed for such purpose by the mayor within a period of seven days from the date it is filed. This committee may affirm, modify or reverse the decision of the chief of police and in doing so indicate in writing the reasons for granting or denying the license. The committee shall apply the standards indicated in subsection
4-12.6 above and relate its findings and conclusions to the objectives of this section as outlined in subsection
4-12.1. The committee's disposition shall be rendered forthwith and shall be final.
[Ord. 82-21.]
Licenses issued under this section may be revoked by the chief
of police after written notice outlining reasons for any of the following
causes:
a. Misrepresentation or false material statement contained in the application;
b. Misrepresentation or false material statement contained in the course
of carrying on activities regulated herein;
c. Conviction of any crime, misdemeanor or disorderly persons offense
or engaging in business activity that would have precluded issuance
of a license as outlined above; and
d. Conducting sales of merchandise in an unlawful manner in violation
of the provision of this section or in such manner as to cause a breach
of the peace or to constitute a menace to safety or general welfare
of the public.
Any person that has his license revoked pursuant hereto shall immediately cease and desist from the sale of all merchandise within the borders of the township. Any person whose license has been revoked shall have the right of appeal subject to the procedure and standards as outlined in subsection 4-12.10.
|
[Ord. 82-21.]
It shall be the duty of all police officers of this township
to enforce the provisions of this chapter.
[Ord. 82-21.]
Any person violating any of the provisions of this section shall be subject to the penalties indicated in section
3-10.
[Ord. No. 2016-33]
This section shall be known as the "Towing Ordinance of Warren."
[Ord. No. 2016-33; Ord. No. 2017-07 § 1]
a. Word Usage. When not inconsistent with the context, words used in
the present tense include the future; words in the plural include
the singular; and words in the singular include the plural. The word
"shall" is always mandatory and not merely directory.
b. Definitions. For purposes of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein:
BASIC TOW
Pursuant to the Administrative Rules of the Division of Consumer
Affairs, N.J.A.C. 13:45A-31.1 et seq., "basic tow" shall mean private
property towing and other non-consensual towing as defined in this
section and other ancillary services that include the following: arriving
at the site from which a motor vehicle will be towed; 15 minutes waiting
time; hooking a motor vehicle to, or loading a motor vehicle onto,
a tow truck; transporting a motor vehicle to a storage facility; unhooking
or unloading a motor vehicle from the tow truck; and situating the
motor vehicle in the space in which it will be stored. "Basic tow"
also includes issuing documents for the release of a motor vehicle
to its owner or other person authorized to take the motor vehicle;
issuing an itemized bill; three trips to the motor vehicle in storage,
which, if applicable, include making a vehicle available to an insurance
adjuster or appraiser; issuing documents for the release of a motor
vehicle to its owner or other person authorized to take the motor
vehicle; and retrieving a motor vehicle from storage during the hours
in which the storage facility is open.
[Ord. No. 2017-07 § 1]
CHIEF
Shall mean the Chief of the Police Department of the Township
of Warren or anyone designated by him.
DECOUPLING
Shall mean releasing a motor vehicle to its owner or operator
when the motor vehicle has been, or is about to be, hooked to or lifted
by a tow truck, but prior to the motor vehicle actually having been
moved or removed from the property.
DIRECTOR
Shall mean the Director of the New Jersey Division of Consumer
Affairs.
FLAT BED TOW TRUCK
Shall mean a tow truck designed to transport a motor vehicle
by means of raising the motor vehicle from road level up onto a hydraulic
bed for transporting purposes.
HEAVY DUTY
Shall mean a gross vehicle weight of at least 32,000 pounds.
MOTOR VEHICLE
Shall mean all vehicles propelled other than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards.
NON-CONSENSUAL TOWING
Shall mean the towing of a motor vehicle without the consent
of the owner or operator of the vehicle, including the towing of a
motor vehicle when law enforcement orders the vehicle to be towed
whether or not the owner or operator consents.
PERSON
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PROPERTY TOWING
Means non-consensual towing from a private property or from
a storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted or otherwise parked without authorization or the
authorization or immobilization of or preparation for moving or removing
of such motor vehicle, for which a service charge is made, either
directly or indirectly. This term shall not include the towing of
a motor vehicle that has been abandoned on private property in violation
of N.J.S.A. 39:4-56.6, provided that the abandoned vehicle is reported
to the appropriate law enforcement agency prior to removal and the
vehicle is removed in accordance with N.J.S.A. 39:4-56.6.
SECURE STORAGE FACILITY
Shall mean a storage facility that is either completely indoors
or is surrounded by a fence, wall or other man-made barrier that is
at least six feet high and is lighted from dusk to dawn.
SITE CLEAN-UP
Shall mean the removal of all debris from the scene to the
satisfaction of the police officers at the scene and includes the
use of absorbents to soak up any liquids from a motor vehicle at the
site from which a motor vehicle will be towed.
STORAGE FACILITY
Shall mean a space at which motor vehicles that have been
towed are stored.
TARPING
Shall mean covering a motor vehicle to prevent weather damage.
TOW TRUCK
Shall mean a motor vehicle equipped with a boom or booms,
winches, slings, tilt beds or similar equipment designed for the towing
or recovery of motor vehicles.
TOWING
Shall mean the moving or removing from public or private
property or from a storage facility by a motor vehicle of a consumer's
motor vehicle that is damaged as a result of an accident or otherwise
disabled, is recovered after being stolen, or is parked illegally
or otherwise without authorization, or the immobilization of or preparation
for moving or removing of such motor vehicle, for which a service
charge is made, either directly or indirectly. Dues or other charges
of clubs or associations which provide towing services to club or
association members shall not be considered a service charge for purposes
of this definition.
TOWING LIST
Shall mean a list maintained by the Police Department containing
the names of those wreckers licensed and contracted by the Township
to respond to requests for towing of vehicles made by the Police Department.
TOWNSHIP
Shall mean the Township of Warren.
WAITING TIME
Shall mean any time a towing company spends at a site from
which a motor vehicle will be towed, during which the towing company
is prevented from performing any work by another individual, beyond
the time included as part of a basic tow.
WINCHING
Shall mean the process of moving a motor vehicle by the use
of chains, nylon slings or additional lengths of winch cable from
a position that is not accessible for direct hook up for towing a
motor vehicle. Winching includes recovering a motor vehicle that is
not on the road and righting a motor vehicle that is on its side or
upside down, but does not include pulling a motor vehicle onto a flatbed
tow truck.
WINDOW WRAP
Shall mean any material used to cover motor vehicle windows
that have been damaged.
WRECKER or TOWING COMPANY
Shall mean a person in the business of, or offering the services
of a towing service whereby motor vehicles are or may be towed or
otherwise removed from one place to another by the use of a motor
vehicle adapted to and designated for that purpose.
[Ord. No. 2016-33]
Any person who wishes to engage in business as a wrecker in
the Township to tow vehicles on public and private property at the
request of the Police Department shall be licensed by the Township
pursuant to this section. The license shall not be transferable.
[Ord. No. 2016-33; Ord. No. 2017-07 § 2]
Any person who desires to provide services as a wrecker at the
request of the Police Department in the Township shall submit an application
for a license to the Chief of Police or his designee, accompanied
by a fee of $200, made payable to the Township of Warren. The application
shall set forth the following information:
a. The full name, address and telephone number of the applicant. If
the applicant is a corporation, the name of the corporation and the
name of the officers, directors, principals and its registered agent.
If the applicant is a partnership, the names and addresses of the
partners.
b. The year, make and type of each vehicle used in said wrecker business
by the applicant, the vehicle's serial number, registration number,
a clear photograph of each vehicle showing the registration plate,
and the name and address of its registered owner.
c. The address of the wrecker's base of operation, where the wrecker's
vehicles will be regularly garaged, stored and located. The wrecker's
"base of operation," for the purposes of this section, is defined
as where the wrecker's vehicles shall be garaged, stored and located,
and shall be not more than two miles, by roadway legally traveled
in consideration of weight restrictions on certain roads, from any
Township border.
d. The telephone number or numbers available on a twenty-four-hour,
seven day per week basis, and the names, addresses and New Jersey
Motor Vehicle driver's license numbers of all the wrecker's operators.
e. The location, size and security features of the storage lot where
vehicles shall be towed, a clear photograph or photographs of the
lots, which lot shall be screened from public view, and which lot
shall conform with all municipal ordinances, land use laws and the
applicable zoning code. The wrecker agrees to ensure that the storage
facility is safe and secure, utilizing all reasonable means to prevent
theft, vandalism, damage to vehicles and/or any criminal activity.
Any storage lot located outside of the Township shall be not more
than two miles, by roadway legally traveled in consideration of weight
restrictions on certain roads, from any Township border.
f. The name and address of the insurance carrier and agents and the
policy limits and policy numbers of all insurance policies held by
the applicant in regard to the wrecker and storage services.
g. A certified statement of the willingness of the wrecker to be available
on a twenty-four-hour, seven day per week basis, and to abide by the
instructions and directions of the Chief of Police, his subordinates,
and the provisions of this section.
[Ord. No. 2016-33; Ord. No. 2017-07 § 3]
The Chief of Police shall investigate each application submitted
to determine:
a. The truth and accuracy of all information contained in the application.
b. Whether public convenience and/or necessity will be served by awarding
the license to the applicant wrecker.
c. The applicant's practical and technical ability to perform the wrecker
service as described in this section.
d. The applicant's and his operators' fitness to engage in the wrecker
business licensed pursuant to this section.
e. Whether the applicant has demonstrated, by the adequacy of its equipment
and facilities, availability and response time (see requirements of
subsection 4-13.10d) and the security of its storage facilities that
it shall be able to comply with the requirements of this section.
f. Whether the applicant wrecker's equipment is safe and in good and
sound condition, and that it complies with the rules, regulations
and standards of this section, as well as any applicable provision
of New Jersey law, including, without limitation, New Jersey Motor
Vehicle law.
g. That the applicant wrecker have a minimum of three vehicles which
meet the minimum standards set forth below:
1. At least one light duty wreckers with a minimum chassis rating of
11,000 pounds gross vehicle weight and equipped with a minimum four
ton capacity lifting device;
2. At least two flat bed type wreckers with a minimum chassis rating
of 11,000 pounds gross vehicle weight;
3. At least one of the above vehicles must have four-wheel drive;
4. All required vehicles as set forth above must be operable.
5. All vehicles must be equipped with two-way radios, cab mounted amber
emergency warning lights (conforming to New Jersey Motor Vehicle law
standards and all light permits being obtained), tow sling type bars
with rubber straps and/or wheel lift capability with safety straps
to prevent damage to towed vehicles, and with steering locks for towing
vehicles from the rear.
h. In addition to the requirements of subsection 4-13.6g above, the
applicant must own or have access to a heavy duty wrecker and equipped
with a minimum 25 ton capacity lifting device.
The Chief of Police, upon completion of the foregoing investigation, shall forward a copy of the wrecker's application for licensure to the Township Committee, along with any recommendation for approval or disapproval of the license and the reasons, if any, for disapproval. The Township Committee shall then determine whether or not the applicant has complied with all the necessary standards and criteria, and thereupon award or deny the wrecker's license. If the license shall be awarded to the applicant, the applicant's name shall be added to the end of the rotation list for towing, pursuant to subsection 4-13.11 of this section.
|
[Ord. No. 2016-33; Ord. No. 2017-07 § 4]
The Chief of Police shall issue a license for a term of three
years to the applicant wrecker, upon notice from the Township Committee
that the applicant has been approved by the Township Committee, and
has complied with all the requirements of this section.
[Ord. No. 2016-33]
By submitting an application, the wrecker assumes all liability
and agrees to indemnify and save the Township, its subdivisions, departments,
agents, and employees, harmless from damages or losses sustained by
vehicles while being towed, stored or released from wrecker's possession
and from all personal injuries and property damage occurring to any
persons, or property, as a result of the wrecker's performance of
the wrecker's services, including, but not limited to, towing, storage
or other activities relating to the licensed wrecker's services. All
responsibility for the release of a stored vehicle shall be on a wrecker
only.
[Ord. No. 2016-33; Ord. No. 2017-07 § 5]
Each operator must have the insurance coverage required by N.J.A.C.
13:45A-31.3. Each policy (except employer's liability) is to name
the Township of Warren as an additional insured. Insurance coverage
shall be as follows:
a. Motor vehicle liability for the death of, or injury to, persons and
damage to property for each accident or occurrence in the amount of
$1,000,000, single limit.
b. For every tow truck, an operator shall secure and maintain insurance
that covers garage keeper legal liability in the amount of $250,000,
and "on-hook" coverage, either as an endorsement on the insurance
required by paragraph a above, or in the amount of $250,000.
c. Garage Liability Policy. A garage liability policy shall be maintained
with a combined single limit of $1,000,000 per occurrence with a $1,000,000
aggregate for bodily injury, death or property damage.
d. Worker's Compensation Policy. A worker's compensation policy covering
all of applicant's employees and operators, containing statutory coverage
including liability coverage of at least $1,000,000 for each accident
per person, $1,000,000 policy aggregate limit per disease, and $1,000,000
for each disease per person.
Each operator shall furnish to the Chief of Police a certificate
of insurance from an insurance company satisfactory to the Township
with the policy limits set forth above and naming the Township as
an additional insured. Each certificate of insurance shall identify
the coverage provided and shall provide that such insurance shall
not be changed or canceled without giving 30 days' prior written notice
to the Township by certified mail, return receipt requested.
[Ord. No. 2016-33; Ord. No. 2017-07 § 6]
All operators of licensed wreckers shall be obligated to comply
with the following duties:
a. Remove and tow to the designated storage facility all vehicles directed
by the Chief of Police to be removed and towed because such vehicles
are, in the Chief's of Police's sole discretion, designated as abandoned,
illegally parked, disabled, involved in an accident, or to be impounded
because of criminal or other investigation.
b. Provide twenty-four-hour, seven day a week service to the Township
during the term of the license.
c. Respond promptly to all requests for towing services by the Chief
of Police. In any event, the wrecker shall respond and be present
at the location (all locations in the Township) for towing services
within 15 minutes of receipt of notice of the towing required between
the hours of 8:00 a.m. in the morning (hereinafter "daytime") and
within 25 minutes of receipt of notice between the hours of 5:01 in
the evening and 7:59 in the morning (hereinafter "nighttime"), unless
otherwise directed by the Chief of Police. In the event a wrecker
does not arrive at the tow location within the above time periods,
the police officer on the scene shall have the right to have a substitute
wrecker called to the location who will have the right to perform
the tow services. The originally called wrecker shall have no right
to payment from any party.
d. Not charge any fee for replacement of equipment or materials provided
at the scene of the tow.
e. Tow any and all disabled Township owned or operated vehicle upon
request of the Chief of Police to a location within the Township.
The wrecker shall not charge the Township for the towing of passenger
vehicles or pick-up trucks within two miles of the Township border.
f. Clean up all broken glass and debris at the scene of accidents (all
wreckers must be equipped with a broom and a shovel).
g. Furnish additional towing equipment and towing services during storm
periods, periods of snow emergencies, traffic emergencies, natural
disasters, any acts of God, and for any other reason when so designated
by the Chief of Police. Such standby service shall begin when the
Chief of Police notifies the wrecker and shall end when the Chief
of Police notifies the wrecker. The Township reserves the right, during
any such emergency, to designate temporary areas owned or leased by
the Township and/or wrecker for the storage of disabled vehicles,
and to direct the wrecker to remove such disabled vehicles to said
areas.
h. Record and keep for three years the following documents:
1. Invoices for both consensual towing and non-consensual towing services;
3. Documentation of waiting time;
4. Logs, which include the time when a towed motor vehicle was delivered
to the wrecker's storage facility from a private property or other
non-consensual tow and the date and purpose of each trip to the motor
vehicle in storage;
5. Documents relating to private property and other non-consensual towing
services performed and rates charged for services; and
6. Any contracts under which the private property wrecker is authorized
to perform private property towing services.
A wrecker that engages in private property or other non-consensual
towing shall make records available to the New Jersey Division of
Consumer Affairs for review upon request. Additionally, the Chief
shall have access upon demand to any and all records required to be
kept pursuant to this section.
i. In all of the wrecker's dealings with the public, the wrecker shall
act in a professional manner, courteous at all times, and respectful
to members of the public, as well as representatives of the Township.
Reports of discourteous behavior by the wrecker or his operators which
may be substantiated and documented shall be considered by the Township
as sufficient cause for revocation and termination of the wrecker's
license. All new licensed wreckers shall be assigned to the rotation
list at the bottom of such list. The rotation list shall be composed
so as to permit a reasonable rotation of licensed wreckers.
j. The wrecker shall be bound and abide by all of the requirements of
the Predatory Towing Act of 2008, N.J.S.A. 56:13-7 et seq. as well
as the regulations promulgated thereunder, N.J.A.C. 13:45A-13.1 et
seq., as same may be amended from time to time.
k. The storage facility to which the vehicle is towed shall have a business
office open to the public between 8:00 a.m. and 4:30 p.m., Monday
through Friday, excluding holidays. To accommodate customers who cannot
retrieve the vehicle within that time frame on those days, the towing
company shall allow the vehicle to be released on Saturday between
8:00 a.m. and 12:00 p.m. or shall make other reasonable arrangements
to allow the vehicle to be released. The tow companies shall not delay
the release of any vehicle upon the owner's request, by any means,
without the permission of the Chief of Police, excluding nonconsensual
towing. In instances of nonconsensual towing, vehicles shall be released
only with the consent of the Chief of Police or his designee.
[Ord. No. 2016-33]
The Chief of Police is hereby authorized to establish a system
of rotation for the assignment of licensed wreckers to provide the
services required pursuant to this section within the Township. The
rotation system shall be established on a nondiscriminatory and nonexclusionary
basis. Only licensed wreckers with the Township shall be assigned
to the rotation list. A licensed wrecker shall be added to the rotation
list at any time upon obtaining a license. All new licensed wreckers
shall be assigned to the rotation list at the bottom of such list.
The rotation list shall be composed so as to permit a reasonable rotation
of licensed wreckers.
Notwithstanding the above rotation list, in the interests of
public safety, the Chief of Police, or his or her designee, in his
or her discretion, taking into account the emergency, safety and location
of the situation, may part from the rotation list and call for the
closest available wrecker to respond.
[Ord. No. 2016-33]
The Chief shall recommend to the Township Committee a rate schedule
for towing and storage, which rates shall be established by the Township
Committee by resolution. A wrecker may only charge the fees established
by resolution of the Township Committee, not exceeding the limits
set forth therein. No additional fees are permitted other than as
set forth below. Fees may be charged for the following:
a. Basic tow, which shall be a flat fee; and
b. In the case of a motor vehicle involved in an accident, the following
additional services, if actually performed:
1. Waiting time in excess of 15 minutes, which shall be calculated based
upon each 15 minutes spent at the site from which a motor vehicle
will be towed, with fewer than 15 minutes rounded up to 15;
2. Brush cleaning, including collection of debris that can be picked
up by hand, which shall be a flat fee;
3. Site cleanup, which shall be based upon each bag of absorbent used;
4. Winching, which shall be based upon each 1/2 hour spent performing
winching;
5. The use of window wrap, which shall be a flat fee;
6. Tarping, which shall be a flat fee;
7. Transmission disconnect, a flat fee, which shall be charged only
if a motor vehicle is locked and the wrecker is unable to obtain the
keys for the motor vehicle;
8. Use of a flatbed tow truck, a flat fee, which shall be charged if
a motor vehicle can be transported only by a flatbed tow truck;
9. Use of special equipment other than the first tow truck to recover
a motor vehicle that cannot be recovered by winching or pieces of
a motor vehicle that cannot be moved by hand, which may be both a
labor and equipment charge billed in half-hour increments;
11. Storage at a wrecker's storage facility;
12. More than three trips to the motor vehicle in storage, which may
be invoiced as an administrative fee, which shall be a flat fee;
13. Releasing a motor vehicle from a wrecker's storage facility after
normal business hours or on weekends, which shall be a flat fee.
c. A wrecker that engages in private property or other nonconsensual
towing shall not charge for the use of a flatbed tow truck if a motor
vehicle can safely be towed in an upright position by another type
of tow truck, even if the private property wrecker chooses to use
a flatbed tow truck for the tow.
d. A wrecker that engages in private property or other non-consensual
towing shall calculate storage fees based upon full twenty-four-hour
periods a motor vehicle is in the storage facility. For example, if
a motor vehicle is towed to a storage facility at 7:00 p.m. on one
day and the owner of the motor vehicle picks the motor vehicle up
before 7:00 p.m. the next day, the wrecker shall charge the owner
of the motor vehicle only for one day of storage. If a motor vehicle
is stored for more than 24 hours, but less than 48 hours, the wrecker
may charge for two days of storage.
e. If a wrecker charges a consumer a fee for a private property or other
non-consensual towing service that is disputed by the consumer, the
parties shall use good faith efforts to resolve the dispute. If the
parties are unable to resolve the dispute and the Director determines
the fee to be unreasonable under N.J.A.C. 13:45A-31.5, the Director
may order the towing company to reimburse the consumer for an amount
equal to the difference between the charged fee and a reasonable fee,
plus interest as calculated in N.J.A.C. 13:45A-31.4(g).
f. A wrecker performing a private property or other non-consensual towing
service shall take the motor vehicle being towed to the wrecker's
storage facility having the capacity to receive it that is nearest
to the site from which the motor vehicle is towed.
g. A bill for a private property or other non-consensual tow shall include
the time which a towed motor vehicle was delivered to a wrecker's
storage facility, as well as a list of all services provided to a
person for which the wrecker is charging.
h. A bill for a flat fee rendered for a private property or other non-consensual
tow shall enumerate the towing services actually performed as part
of the basic tow.
i.
1. For services rendered, or to redeem a motor vehicle from storage,
the wrecker shall accept in payment either cash, a check issued by
an insurance company, a valid debit card, charge card or credit card
if the operator ordinarily accepts such card at his place of business,
subject to the provisions of paragraph 2 below.
2. The wrecker may request additional identification, as determined
by the Chief, before proceeding with repairs or towing. Unless the
motorist is unable to produce such identification, or the operator
has a bona fide reason to believe the card or other identification
is fictitious, altered, stolen, expired or revoked or not valid for
any other cause or is clearly offered with intent to defraud the issuer,
the debit card, charge card or credit card shall be deemed an acceptable
form of payment in lieu of cash if the operator ordinarily accepts
the card at his place of business. Nothing in this act shall preclude
payment by a motorist in the form of check or money order, if this
form of payment is acceptable to the operator.
[Ord. No. 2016-33]
All fee schedules and this section shall be made available to
the public during normal business hours of the Township in the offices
of the Clerk of the Township, and conspicuously posted at the wrecker's
storage area and any repair garage operated by the wrecker. The wrecker's
operator shall present to the owner or operator of a disabled vehicle,
prior to commencing any service, a card clearly and concisely setting
forth the wrecker's name, telephone number, location of its storage
area, and a fee schedule (Towing and Storage) in plain language.
[Ord. No. 2016-33]
No wrecker or towing service, whether licensed or unlicensed
by the Township, shall respond to the scene of an accident or emergency
for the purposes of towing a vehicle unless specifically notified
by the Chief of Police or his designee or the individual involved
in the accident or emergency. All persons, wreckers and owners of
towing equipment are hereby prohibited from soliciting business at
the scenes of accidents and emergencies within the Township.
[Ord. No. 2016-33]
The Chief of Police is hereby authorized to establish and cause
the enforcement of such reasonable, nondiscriminatory and nonexclusionary
regulations governing operators engaged in the business of removing
and storing motor vehicles and to cause the enforcement of such reasonable
regulations to effectuate this section as the Chief of Police may
deem appropriate for the safety, well-being and protection of citizens
within this Township and their property. All regulations promulgated
pursuant to this section shall be made available to the public during
the normal business hours of the Township at the offices of the Clerk
of the Township.
[Ord. No. 2016-33]
The Chief of Police is hereby designated as the enforcement
officer for this section and the Chief of Police may recommend to
the Township Committee the termination and suspension of any license
or other actions concerning the same when the Chief of Police finds
that:
a. The license was secured by fraud or that it contains misrepresentations
or concealment of material facts or omits material facts which would
have affected the granting of the license to the applicant;
b. The licensee has violated any of the subsections of this section
or any of the regulations promulgated by the Chief of Police as authorized
by this section.
[Ord. No. 2016-33]
Any person found guilty of violating or breaching any of the provisions of this ordinance shall, upon conviction thereof, be liable to the penalty set forth in Chapter
3, section
3-10, Penalty.
[Ord. No. 2016-33]
In the event any provision, paragraph or subsection of this
section shall be found unlawful or unconstitutional by a court of
competent jurisdiction, such finding shall not affect the remaining
provisions of this section.
[Ord. No. 2016-33]
An action required to be taken pursuant to this section by the
Township Committee may be authorized by a resolution of the Township
Committee.
[Ord. No. 2016-33]
Except as set forth in subsection
4-13.11e above, any person having a dispute arising from a specific act of towing or storage of motor vehicles which is regulated by this section shall present that complaint or dispute to the Chief of Police for resolution. The Chief shall render his decision as to how the said complaint or dispute is to be resolved within 10 days of his conducting a hearing as to the same. Such hearing can be in person, by telephone or on written presentation at the election of the Chief of Police. The Chief of Police shall render his decision within five days of the hearing. In the event that the wrecker does not abide by the decision of the Chief of Police, the Chief of Police will recommend to the Township Committee that the wrecker's license be terminated.
It shall be required to obtain a permit to conduct a block party
in or upon any public street or other public right-of-way or easement
within the Township of Warren.
An application for the permit required by this section shall
be made upon the form provided by the township clerk and shall be
signed by the applicant, setting forth or accompanied by the following
information:
a. The name, address and telephone number of the resident that will
be responsible for conducting the block party.
b. The date, time, duration and location of the proposed block party.
c. Whether a live band or other music is to be played and/or amusements
are to be present.
d. Reference of application to township chief of police. Each application
filed with the township clerk, as herein provided, shall be referred
to the township chief of police for purposes of his notification and
for his approval. The chief of police shall review the application
to ensure that the block party will be conducted in a safe location
and in a safe manner without undue disturbance to township residents.
e. The granting of a permit, pursuant to this section, does not relieve
the conduct of the block party from complying with all ordinances
of the Township of Warren and the laws of the State of New Jersey.
f. Indemnity and Insurance. The applicant will execute a hold harmless
and indemnity agreement to the township relative to its use of township
property and will provide the township with insurance coverage to
the extent required by the township based upon the type of function
being conducted.
Each application shall be accompanied by a fee in the amount
of $25 payable to the order of the Township of Warren.
[Ord. No. 14-24]
The purpose of this section is to establish regulations and
permit requirements for the operation of massage and bodywork therapy
establishments in order to protect and preserve the health, safety
and welfare of the citizens of the Township of Warren, and the patrons
of such businesses, and to minimize and control adverse utilization
of such establishments to preserve the quality of life, protect and
preserve the character of the Township.
[Ord. No. 14-24]
For the purpose of this section, the following terms, phrases
and words shall have the meanings stated herein.
a. MASSAGE AND BODYWORK THERAPIES — Shall mean the 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.
b. MASSAGE AND BODYWORK THERAPIST — Shall mean a person certified
and/or licensed to practice massage and bodywork therapies.
c. MASSAGE AND BODYWORK THERAPY ESTABLISHMENT — Shall mean any
establishment, business or operation wherein massage and bodywork
therapies are administered or are permitted to be administered, which
shall include the operation of an outcall massage and bodywork therapy
service.
[Ord. No. 14-24]
a. Massage and Bodywork Therapy Establishment Permit Required. No person,
firm, corporation, organization or other entity shall maintain, operate
or conduct a massage and bodywork therapy establishment or utilize
any premises in the Township of Warren as or for a massage and bodywork
therapy establishment unless or until such person or entity first
obtained a permit for such establishment or premises from the Township
of Warren in accordance with the terms and provisions of this section.
b. Massage and Bodywork Therapist Registration/Documentation Required.
No person shall practice massage or bodywork therapy, unless he/she
has a valid and subsisting massage and bodywork therapist permit issued
to him/her by the New Jersey Department of Community Affairs and evidence
of same has been submitted to the Township of Warren in accordance
with the terms and provisions of this section.
a. Every applicant for a massage and bodywork therapy establishment
permit shall file an application with the Warren Township Health Department
upon a form to be provided by said Health Department and pay an annual
fee of $150.
[Ord. No. 14-24]
a. Application for a Massage and Bodywork Therapy Establishment Permit.
Any person, firm, corporation, organization or other entity applying
for a massage and bodywork therapy establishment permit shall submit
the required application, which shall include the following information:
1. The type of ownership of the establishment (i.e., whether individual,
partnership, corporation or otherwise).
2. The name, style and designation under which the establishment is
to be conducted.
3. The address and all telephone numbers, including facsimile, where
the establishment is to be maintained, operated, and conducted.
4. A complete list of the name(s) and address(es) of all massage and
bodywork therapists, along with a copy of each's certificate and/or
license issued by the State of New Jersey issued to the applicant
pursuant to N.J.S.A. 45:11-53, et seq., and N.J.A.C. 13:37-16.1, et
seq., name(s) and address(es) of other employees at the establishment,
and the name and residence address of the manager or other person
principally in charge of the day-to-day operation of the establishment.
5. The following personal information concerning the applicant, if an
individual; concerning each stockholder holding more than 10% of the
stock of the corporation, each officer and director, if the applicant
is a corporation; concerning each partner, including limited partners,
if the applicant is a partnership; concerning the managing members,
if the applicant is a limited liability company; and concerning the
manager or other person principally in charge of the day-to-day operation
of the establishment:
(a)
The name, residence address and residence telephone number.
It shall be an ongoing responsibility of the applicant to notify the
Township, in writing, of any change in name, address or telephone
number of the individuals identified.
(b)
The two previous addresses immediately prior to the present
address of the individuals identified.
(d)
Height, weight, sex and color of hair and eyes.
(e)
Two front-faced portrait photographs of the individuals taken
within 30 days of the date of the application, and at least two inches
by two inches in size.
(f)
The establishment or similar business history and experience,
including, but not limited to, whether or not such person has previously
operated such an establishment, along with the location of such prior
operations, whether or not such person has previously applied for
a license or permit for such an establishment, and if same was denied,
revoked or suspended, and the reasons therefor.
6. The names and addresses of three adult residents of the County of
Somerset who will serve as character references for the applicant.
These references must be persons other than relatives and business
associates of the applicant.
b. Registration/Documentation of a Massage and Bodywork Therapist. Any
person registering as a massage and bodywork therapist shall submit
the following information.
1. The name, residence address and residence telephone number of the
therapist. It shall be an ongoing responsibility of the therapist
to notify the Township, in writing, of any change in name, address
or telephone number.
2. A copy of a certificate and/or license issued by the State of New
Jersey issued to the applicant pursuant to N.J.S.A. 45:11-53, et seq.,
and N.J.A.C. 13:37-16.1, et seq.
3. Two front-faced portrait photographs of the individual taken within
30 days of the date of the application, and at least two inches by
two inches in size.
[Ord. No. 14-24]
Upon receipt of an application for a massage and bodywork therapy
establishment, the Health Department shall refer the application to
the Construction Code Office, the Fire Department, the Police Department,
the Board of Health, and the Zoning Officer, which departments may
inspect the premises where the proposed massage and bodywork therapy
establishment is to be maintained, operated or conducted. No massage
and bodywork therapy establishment shall be issued a permit or be
maintained, operated or conducted in the Township unless an approval
by the Health Official, Construction Official, and Fire Marshal has
been granted indicating that the establishment complies with the minimum
requirements of the construction, building and health codes for businesses
operating in the Township of Warren.
[Ord. No. 14-24]
The massage and bodywork therapy establishment shall display
the permit issued by the Township, and the permit of each and every
massage and bodywork therapist employed and/or conducting business
at the establishment, in an open and conspicuous place within the
premises of the establishment.
[Ord. No. 14-24]
a. Every portion of the massage and bodywork therapy establishment,
including all appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
b. Price rates for all services shall be prominently displayed in the
reception area in a location available to all prospective customers.
c. All employees, including massage and bodywork therapists, shall be
clean and wear clean, nontransparent outer garments.
d. Dressing areas for employees and customers shall be available on
the premises. Such dressing areas shall be shielded from public view
and provide the individual utilizing same privacy from all other individuals.
If the dressing area is also used as the therapy/massage room, then
adequate procedures shall be in place to safeguard the privacy of
the individual using same as a dressing area. In no case shall these
dressing areas be locked when both a client and any employee are present.
e. All massage and bodywork therapy establishments shall provide clean,
laundered sheets and towels in sufficient quantity, which shall be
laundered after each use thereof and stored in a sanitary manner.
f. The sexual or genital area of customers must be covered by towels,
cloths or undergarments when in the presence of an employee or massage
and bodywork therapist.
g. It shall be unlawful for any person knowingly, in a massage and bodywork
therapy establishment, to place his or her hand upon or touch with
any part of his or her body, to fondle in any manner, or to massage
a sexual or genital area of any other person.
h. No massage and bodywork therapist, employee or manager shall perform,
or offer to perform, any act which would require the touching of the
customer's sexual or genital area.
i. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat-rooms, steam or
vapor rooms, steam or vapor cabinets, shower compartments, and toilet
rooms shall be thoroughly cleaned each day the establishment is in
operation. Bathtubs and showers shall be thoroughly cleaned after
each use. When carpeting is used on the floors, it shall be kept dry.
j. Oils, creams, lotions and other preparations used in administering
massage and bodywork therapies shall be kept in clean, closed containers
or cabinets.
k. Animals, except for Seeing Eye dogs, shall not be permitted in the
massage and bodywork work area.
l. Each massage and bodywork therapist shall wash his or her hands in
hot running water, using antibacterial soap or disinfectant before
administering massage or bodywork therapy to each customer.
m. No massage and bodywork therapy establishment shall permit any activity
or behavior prohibited by the laws of the State of New Jersey, particularly,
but not exclusive of laws proscribing prostitution, indecency and
obscenity, including the sale, uttering or exposing and public communication
of obscene material.
n. Hours of operation of any massage and bodywork therapy establishment
shall not commence prior to 9:00 a.m., and shall not extend beyond
10:00 p.m.
[Ord. No. 14-24]
The Health Official, Construction Official, and/or the Fire
Marshal shall, from time to time, and at least once a year, make an
inspection of each massage and bodywork therapy establishment within
the Township for purposes of determining whether or not the provisions
of this section are being complied with. The Police Department shall
also, from time to time, conduct inspections of each massage and bodywork
therapy establishment to determine if there are any violations of
this section and/or violations of any other ordinance of the Township
of Warren or the laws of the State of New Jersey on the premises.
Such inspections shall be made at reasonable times and in a reasonable
manner. It shall be unlawful for any massage and bodywork therapy
establishment to fail to allow such inspection officer access to the
premises or to hinder such officer in any manner.
[Ord. No. 14-24]
No part or portion of any massage and bodywork therapy establishment
shall be used for or connected with any bedroom or sleeping quarters,
nor shall any person sleep in such massage and bodywork therapy establishment,
except for limited periods incidental to and directly related to a
massage and bodywork therapy treatment. This provision shall not preclude
the location of a massage and bodywork therapy establishment in separate
quarters of a building housing a hotel, motel or other separate business.
[Ord. No. 14-24]
a. Unless otherwise provided by law, any person violating any of the provisions of this section, shall, upon conviction thereof, and at the discretion of the municipal court, be punishable by the penalties set forth in section
3-21 herein, along with the revocation of the applicable permit.
b. Any conviction of any employee of a massage and bodywork therapy
establishment of a violation of any activity or behavior prohibited
by the laws of the State of New Jersey, particularly, but not exclusive
of laws proscribing prostitution, indecency and obscenity, including
the sale, uttering or exposing and public communication of obscene
material, shall devolve upon the owner and/or manager of such establishment,
it being specifically declared by that, following such a conviction
by an employee, the owner and/or manager shall be prosecuted as an
accessory to such a violation.
c. Suspension/Revocation.
1. In addition to any of the penalties provided herein or proscribed
by law, and notwithstanding the filing of a summons and/or criminal
complaint in the Municipal Court or Superior Court, any violation
of the following provisions, shall subject the massage and bodywork
therapy establishment to the suspension or revocation of the applicable
permit:
(a)
Fraud, misrepresentation or false statement made by the applicant
in the application for the permit.
(b)
Fraud, misrepresentation or false statement made by the applicant
in the course of carrying on the permitted business in the Township.
(c)
Any violation of the provisions of this section.
(d)
A conviction of a crime involving moral turpitude, a felony,
an offense involving sexual misconduct, or any crime involving dishonesty.
(e)
Conducting the permitted business in the Township in an unlawful
manner or in such manner as to endanger the health, safety or general
welfare of the public.
2. Such suspension or revocation shall be upon notice issued by the
Health Official, and hearing before the Warren Township Board of Health.
3. Notice of the hearing for the suspension or revocation shall be in
writing, setting forth specifically the grounds of the complaint and
the time and place of the hearing. Such notice shall be given personally
or mailed to the permittee at his/her address set forth in the application.
4. Pending the hearing before the Board of Health, the said permit(s)
may be suspended for a period of not more than 10 days by the Health
Official if, in his/her discretion and opinion, the conduct of the
permittee is detrimental to the health, safety and general welfare
of the Township of Warren.
As used in this section, the following terms shall have the
meanings as indicated:
CLOTHING BIN
Shall mean any enclosed, receptacle or container made of
metal, steel or similar product and designed or intended for the donation
and temporary storage or clothing or other material.
SOLICITATION/SOLICIT
Shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include, but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collection of money or other thing of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation clothing bin within
the Township of Warren, for solicitation purposes, without obtaining
a permit from the zoning officer. Permits are renewable on an annual
basis during the month of January.
The annual permit fee is $25 per bin and will be used to offset
the costs involved in enforcing this section.
The application for a permit shall include:
a. The location where the bin would be situated, as precisely as possible;
b. The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
c. The name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected via the bin, at which such person can be reached during
normal business hours. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
d. Written consent from the property owner to place the bin on his,
her or its property.
In addition to the above application requirements, renewal applications
must include:
a. A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collect via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal;
b. The name and telephone number of the bona fide office of any entity
which shared or profited from any clothing or other donations collected
via the bin, and of any entities which may do so during the period
covered by the renewal; and
c. If the location of the bin is to be moved, the new location where
the bin is to be situated, as precisely as possible and written consent
from the property owner of the new location.
The township shall not grant an application for a permit to
place, use, or employ a donation clothing bin if it determines that
the 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; or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person placing, using or employing a donation clothing bin shall
maintain the bin and the area surrounding the bin such that there
shall be no accumulation of clothing or other donations outside the
bin.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
a. The permit number and its date of expiration;
b. The name and address of the registered person who owns the bin, and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
c. The telephone number of the owner's bona fide office, and, if applicable,
the telephone number of the bona fide office of any other entity which
may share or profit from any clothing or other donations collected
via the bin. For the purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office;
d. In cases when any entity other than the person who owns the bin may
share or profit from any clothing or other donations collected via
the bin, a notice, written in a clear and easily understandable manner,
indicating that clothing or other donations collected via the bin,
their proceeds, or both, may be shared, or given entirely to, an entity
other than the person who owns the bin, and identifying all such entities
which may share or profit from such donations; and
e. A statement, consistent with the information provided to the township
in the most recent permit or renewal application, indicating the manner
in which the owner anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of collected donations would be allocated or spent.
a. The zoning officer shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the zoning officer that a person has engaged in, or is engaging
in any act or practice in violation of this section, the person who
placed the bin shall be issued a warning, stating that if the violation
is not rectified or a hearing with the appropriate municipal agency
is not requested within 45 days, the bin will be seized or removed
at the expense of the person who placed the bin, and any clothing
or other donations collected via the bin will be sold at public auction
or otherwise disposed of. In addition to any other means used to notify
the person who placed the bin, such warning shall be affixed to the
exterior of the bin itself.
b. In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, Warren Township may seize the bin, remove it, or have
it removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the chief financial officer
of the Township.
In addition to any other penalties or remedies authorized by
the laws of this state, any person who violates any provision of this
section or the provisions of P.L. 2007, c. 209 (C. 40:48-2.60, et
seq.) which results in seizure of the donation clothing bin shall
be:
a. Subject to a penalty of up to $20,000 for each violation. The township
may bring this action in the Municipal Court or the Superior Court
of New Jersey as a summary proceeding under the Penalty Enforcement
Law of 1999, P.L. 1999, c. 274 (C. 2A:58-10 et seq.), and any penalty
monies collected shall be paid to the chief financial officer of the
township; and
b. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this section and P.L. 2007,
c. 209 (C. 40:48-2.61). A person disqualified from placing, using,
or employing a donation clothing bin by violating the provisions of
P.L. 2007, c. 209 (C. 40:48-2.60 et seq.) may apply to the township
committee to have that person's eligibility restored. The township
committee may restore the eligibility of a person who:
1. Acts within the public interest; and
2. Demonstrates that he made a good faith effort to comply with the
provisions of this Section and P.L. 2007, c. 209 (C. 40:48-2.60 et
seq.), and all other applicable laws and regulations, or had no fraudulent
intentions.
[Ord. No. 2015-12]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals,
gems, gemstones and/or other articles by requiring minimum reporting,
maintenance and distribution criteria for secondhand and transient
dealers.
No person shall use, exercise or carry on the business, trade
or occupation of buying scrap gold, silver, gems, gemstones, jewelry,
home electronics/audio and visual equipment, musical instruments,
telephones and telephonic equipment, scales, computers, computer hardware
and software, typewriters, word processors, scanners, sporting goods
of all kinds, antiques, platinum, all other precious metals, tools
of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift
cards, furniture, clothing or other valuable articles, hereinafter
referred to as "secondhand goods or articles," or being a secondhand
dealer within the Township of Warren without having first obtained
a license from the Township of Warren.
[Ord. No. 2015-12]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meanings ascribed herein.
Words used in the present tense shall include the future, words in
the plural shall include the singular number and words in the singular
number shall include the plural number. The word "shall" is always
mandatory and not merely directory.
ACCEPTABLE IDENTIFICATION
Shall mean acceptable forms of identification which include,
but shall not be limited to, the following:
A current valid New Jersey driver's license or Identification
Card;
A current valid photo driver's license issued by another
state;
A valid United States Passport;
Other verifiable United States government issued identification.
ARTICLE
Shall mean any article of merchandise, including any portion
of such article, whether a distinct part thereof or not, including
every part thereof whether separable or not, and also including material
for manufacture.
CHIEF OF POLICE
Shall mean the Chief of Police of the Township of Warren
or his designee/representative.
DATABASE
Shall mean a computerized internet capable database with
hardware and software compliant to that set by the Chief of Police.
DEALER
Shall mean any person, partnership, corporation, or other
entity, whether permanent or itinerant, who on one or more occasions
(through any means) buys or sells or otherwise exchanges or trades
secondhand gold, silver, precious metals, gems, or jewelry, and includes
anyone advertising the purchase or sale of any of the aforementioned
items.
DESIGNATED VENDOR
Shall mean a person or entity that is appointed or designated
by the Chief of Police who is authorized to collect and maintain precious
metal transaction information, or other purchase information as defined
herein, for the Township of Warren.
GIFT CARD
Shall mean a restricted monetary equivalent or script that
is issued by retailers or banks to be used as an alternative to a
non-monetary gift.
ITINERANT BUSINESS
Shall mean any business conducted intermittently within the
Township of Warren or at varying locations.
PERSON
Shall mean any individual natural person, partnership, joint
venture, business, society, associate, club, trust, trustee, corporation,
or unincorporated group, or an officer, agent, employee, servant,
factor or any form of personal representative of any thereof, in any
capacity, acting for self or on behalf of another.
PRECIOUS METALS
Shall be comprised of gold, silver, platinum and/or their
alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq.,
gems, gemstones, coins and all forms of jewelry herein contained.
PUBLIC
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
PURCHASE
Shall mean the exchange of money and the exchange, deposit,
pledge, sale, conveyance or trade of any tangible or intangible article.
REPORTABLE TRANSACTION
Shall mean every transaction conducted by a dealer in which
precious metals, or other tangible property, are purchased or exchanged
from or with the public.
SECONDHAND GOODS
Shall mean any article previously sold, acquired, exchanged,
conveyed, traded or otherwise formerly owned, including but not limited
to scrap gold, old gold, silver, jewelry, home electronics/audio and
visual equipment, telephones and telephonic equipment, scales, computers,
computer hardware and software, coins, electronic tablets, cameras,
scanners, sporting goods of all kinds, antiques, platinum, all other
precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders,
car stereos, gift cards, furniture, clothing or other valuable articles.
TRANSIENT BUYER
Shall mean a dealer who has not been in any retail business
continuously for at least six months at any address in the municipality
where the dealer is required to register or who intends to close out
or to discontinue all retail business in the Township of Warren within
six months, or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
[Ord. No. 2015-12]
a. Initial License Application Process. Every dealer intending on conducting
business within the jurisdiction of the Township of Warren shall first
make application to the Chief of Police and shall set forth the name
and address of the dealer, his or her age, whether or not he or she
is a citizen of the United States, and whether or not he or she has
been convicted of a crime, the place of conviction, and the date thereof.
The Chief of Police is authorized to grant a waiver from the licensing
and reporting provisions of this section to any dealer who he believes
should be exempt from those provisions. This exemption will be reviewed
annually by the Chief of Police, and may be revoked by him at any
time. Any exemption granted by the Chief of Police shall be in writing.
A dealer of precious metals, gems or gemstones or secondhand
goods, prior to buying, attempting to buy or offering to buy, shall
be required to be fingerprinted and shall consent to an investigation
of the dealer's moral character and business responsibility as deemed
necessary by the Warren Township Police Department for the protection
of the public welfare. In the event that the dealer is a business
entity other than a sole proprietorship, the officers in a corporation
or the partners in a partnership (or limited partnership) shall be
deemed to be the dealer(s) who shall be fingerprinted and investigated
in accordance with this section.
Upon initial application to the Police Chief, each dealer shall
provide the following information:
Name and address of dealer;
Address from which dealer shall conduct business;
Copy of valid zoning and/or construction permits from the Township
of Warren;
Proof that dealer has obtained computer equipment and software required in subsection
4-17.6 of this section, for the purposes of reporting all transaction data in electronic format to the Warren Township Police Department.
The type of operation contemplated to be conducted by the dealer,
particularly whether the business is to be operated from a fixed location,
whether it is to be conducted from a location primarily devoted to
the purchase and sale of precious metals, gems or gemstones or secondhand
goods, and other factors bearing on whether the licensed business
will be of a fixed and permanent nature.
b. Contingency. Upon completion of the investigation, the Chief of Police
shall either approve or deny the license based upon the results of
the Warren Township Police Department investigation. No license shall
be issued without the approval of the Chief of Police.
c. Renewal. All renewal applications are to be received in the Police
Chief's office no later than January 10th of each year. In the event
that the dealer is a business entity other than a sole proprietorship,
any new officer(s) or partner(s) who has joined the dealer since the
preceding year shall be deemed to be the dealer(s) who shall be fingerprinted
and investigated in accordance with paragraph a hereof.
If a dealer fails to file a renewal application by January 31st of each year, the dealer will be assessed a $50 penalty. If a dealer fails to file a renewal application by January 31st, the Warren Township Police Department may serve notice on said dealer requiring him or her to file such renewal application within 10 business days. If the dealer fails to file such renewal application after receiving such notice from the Warren Township Police Department, the dealer's license may be revoked following the process set forth in subsection
4-17.5 of this section.
[Ord. No. 2015-12]
Each application for a license shall be accompanied by an annual
fee of $300 payable to the Township of Warren by January 10th annually.
A license issued under the provisions of this section shall
not be transferable and shall terminate on December 31st of the year
in which said license is issued.
No license fee shall be pro-rated.
[Ord. No. 2015-12]
Licenses issued under the provisions of this section may be
revoked by the Chief of Police after a hearing upon notice to the
dealer for any of the following causes:
a. Fraud, misrepresentation, or false statement contained in the application
for license;
b. Fraud, misrepresentation, or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems, jewelry or goods;
c. Any violation of this section;
d. Conviction of any crime or disorderly persons involving moral turpitude;
or
e. Conducting the business of soliciting or canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing.
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[Ord. No. 2015-12]
a. Every dealer within the Township of Warren shall, upon the purchase
of any precious metals, gems, gemstones or secondhand goods from the
public, be required to do the following:
1. Require of each person selling precious metals, gems or gemstones or secondhand goods, acceptable identification as defined in subsection
4-17.2 above;
2. Require each seller to execute a "Declaration of Ownership" which
shall contain the following certification:
My signature confirms that I am the sole legal owner of and
am legally authorized to sell the goods being sold. By signing below,
I certify that I did not obtain and do not possess the identified
goods through unlawful means. I am the full age of 18 years and the
identification presented is valid and correct.
3. Record on a sequentially numbered receipt the following information:
(a)
The name, address and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
(b)
The name, address and telephone number of the seller or sellers;
(c)
The time and date of the transaction;
(d)
The net weight in terms of pounds Troy, pennyweight (Troy) or
kilograms/grams of the precious metals; fineness in terms of carats
for gold; and sterling or coin for silver, in accordance with N.J.S.A.
51:5-1 et seq., and N.J.S.A. 51:6-1 et seq.
This information is to be documented through the use of an electronic
database software system as designated by the Chief of Police. These
records shall be subject to the inspection of any authorized police
officer of the Township of Warren.
b. Through the use of required computer equipment, and using the electronic format approved by the Chief of Police, enter all transactions into the electronic database within 48 hours from the date of purchase. The information entered shall contain the information in subsection
4-17.6a above, plus the following:
1. A physical description of the seller;
3. A full description of the item or items purchased, including but
not limited to, marks, numbers, dates, sizes, shapes, initials, monograms
and serial numbers;
4. The price paid for the item;
5. A color photograph or color image of the seller's presented identification;
6. A color photograph or color image of all items sold. When photographing
or imaging items, all items must be positioned in a manner that makes
them readily and easily identifiable.
Items should not be grouped together when photographing or imaging;
each item will have its own color photograph or color image.
The precious metals, gems, gemstones or secondhand goods are
to be made available for inspection by the Chief of Police of the
Township of Warren for a period of seven days from the date the information
required above is received by the Chief of Police on the approved
form. The precious gems, gemstones or secondhand goods metals, shall
remain in the same condition as when purchased and shall not be changed,
modified, melted or disposed of by the purchaser until the seven-day
period has expired. During this seven-day period, the precious metals,
gems, gemstones or secondhand goods shall be placed in public view
at the purchaser's place of business. If the property is such that
it would create a hardship on the dealer to hold the precious metals,
gems, gemstones or secondhand goods, for such a period, the dealer
may present the property to the Chief of Police in order that it may
be photographed and, if deemed necessary by the Chief of Police, an
investigation be implemented. The Chief of Police has the authority
to grant the dealer a waiver of the requirement under this subsection.
In the event of a database failure or dealer's computer equipment
malfunction, all transaction information is required to be submitted
on paper forms approved by the Chief of Police. In the event that
paper forms are used, the dealer is responsible to enter all transaction
information into the database as soon as possible upon the repair
or replacement of the computer equipment, or the return to service
of the database. Failure by the dealer to properly maintain his or
her computer equipment in a reasonable fashion, or failure by the
dealer to replace faulty computer equipment, may result in the dealer
being cited for a violation of the ordinance and incurring penalties
as set forth herein.
Dealer payments to a seller in cash shall be limited to two
transactions during a seven-day period for the same seller. The seven-day
period will commence on the day of the first transaction and end seven
days after the first transaction (i.e. if transaction #1 occurs on
Monday, the seven day period shall end on Sunday). Furthermore, no
cash payments shall be made to the same sellers who make more than
five transactions in any given thirty-day period. Sellers making transactions
over the prescribed number of weekly and monthly periods will be paid
by means of a bank check drawn from the dealer's business account.
It shall be the requisite duty of every dealer, and of every
person in the dealer's employ, to admit to the premises during business
hours any member of the Warren Township Police Department to examine
any database, book, ledger, or any other record on the premises relating
to the purchase of precious metals, gems, gemstones, or secondhand
goods from the public, as well as the items purchased or received,
and to take possession of any article known by the police officer
or official to be missing or to have been stolen, or where the officer
or official has probable cause to believe that the article is missing
or stolen.
[Ord. No. 2015-12]
This section shall not apply to purchases made by jewelers or
other dealers from wholesalers or other suppliers, but shall only
apply to those purchases made from the public or other retail purchases.
The dealer shall keep records of all wholesale purchases for a period
of six months from the date of such purchase, which records shall
be opened to investigation by the Warren Township Police Department.
[Ord. No. 2015-12]
No dealer within the Township of Warren shall purchase any precious
metals, gems, gemstones or secondhand goods from any person under
the age of 18 years of age.
[Ord. No. 2015-12]
a. Suspension. The Chief of Police is hereby empowered to temporarily suspend for cause any dealer's license and right to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to the subsection
4-17.11 of this section.
1. Grounds for Suspension. The following shall constitute grounds for
suspension:
(a)
Violation of any of the provisions of this section;
(b)
Violation of any other statute, regulation or local ordinance;
(c)
Any other illegal, improper or fraudulent activity.
2. Procedure for Suspension. Upon determination that appropriate grounds
exist and that a suspension is warranted, the Chief of Police shall
issue written notice of suspension of license to the offending dealer
which shall set forth the grounds for suspension, and notify the dealer
of his right to appeal. A temporary suspension shall issue immediately,
pending the outcome of any appeal taken. Suspended dealers must immediately
cease engaging in the business of purchasing for resale and/or selling
of precious metals, gems, gemstones or secondhand goods in the municipality
until reinstatement.
3. Reinstatement. Suspended dealers may be reinstated only when the
grounds leading to the suspension have, in the determination of the
Chief of Police or other official designated by the Township to review
the grounds for suspension, been cured, corrected or appropriately
rectified.
b. Revocation. A license issued under this section may be revoked by the Chief of Police upon written recommendation that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty shall be in addition to any fines and penalties the dealer may incur under section
4-17.11.
1. Grounds for Revocation: The following shall constitute grounds for
revocation:
(a)
A third violation under this section;
(b)
A second violation under this section less than one year after
an earlier violation under this section;
(c)
Conviction of a criminal offense within this or any jurisdiction;
(d)
Multiple violations of this or any other regulations or local
ordinances within this or any jurisdiction.
2. Procedure for Revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police shall
so state in writing. A temporary suspension shall immediately and
automatically issue pending the outcome of the charge. The Township
Administrator or other official designated by the Township shall review
the stated grounds for revocation and shall issue the appropriate
disposition of either suspension, revocation or reinstatement. If
it is determined that revocation is the appropriate disposition, the
grounds therefor shall be set forth in writing in a notice of revocation
which shall be provided to the dealer. The notice shall advise the
dealer of the right to appeal. If it is determined that suspension
is the appropriate disposition, the dealer shall be so notified in
writing and shall be advised of the right to appeal. Following revocation,
the dealer must relinquish his or her license and must immediately
and indefinitely cease operating as a dealer of precious metals, gems,
gemstones or secondhand goods within the municipality.
3. Appeal. Any dealer wishing to appeal a suspension or revocation shall
be entitled to a hearing before the Chief of Police, the Township
Administrator or other official designated by the Township to hear
such appeal. An appeal by a dealer must be made by written request
to the Chief of Police within 10 days of the receipt of a written
notice of revocation or suspension of license.
[Ord. No. 2015-12]
Violation of any provision of this section shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Every day that a violation
continues shall be a separate violation. Each violation shall result
in an additional ten-day suspension. Any person who is convicted of
violating the provisions of this section within one year of the date
of a previous violation and who was fined for the previous violation
may be sentenced by the Court to an additional fine as a repeat offender.
The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same
shall be calculated separately from the fine imposed for the violation
of this section.
[Added 12-15-2022 by Ord. No. 22-23]
It is unlawful for any owner of a business, owner of a rental
unit or units, or the owner of a multifamily home of four or fewer
units, one of which is owner occupied, to operate within the Township
without first annually registering its certificate of insurance demonstrating
compliance with the requirements of N.J.S.A. 40A:10A-1, et seq., and
annually paying the registration fee required herein.
The following entities are required to annually register their certificate of insurance under this Section
4-18:
a. Business, which for purposes of this Section
4-18 shall mean any person intending to sell or dispose of or to offer to sell or dispose of any goods, wares, merchandise or render any services for fees within the Township. This shall include businesses operating on a temporary basis within the Township, such as peddlers, solicitors and transient vendors and temporary retail food establishments and mobile food units.
b. Owners
of a rental unit or units.
c. Owners
of a multifamily home of four or fewer units, one of which is owner-occupied.
The Township Clerk shall accept, file and acknowledge receipt
of annual certificate of insurance registration applications and collect
registration fees hereunder.
All annual registration applications submitted under this Section
4-18, including renewals, shall be accompanied by a $25.00 fee. Annual registrations shall expire on December 31 of each year. Annual renewals of existing registrations must be submitted no later than December 1 of each year. Upon receipt of the annual certificate of insurance registration application and certificate of insurance, the Township Clerk will acknowledge receipt of the same and this receipt will serve as the certificate of annual registration.
An annual application for a business insurance registration
shall be accompanied by the required fee and shall be made to the
Township Clerk upon forms provided by the Clerk. The application shall
contain the following information:
a. Name and
address of the applicant. If the applicant is a corporation, the name
and address of its registered agent.
b. The address
of the business or rental dwelling units as applicable. If the registration
applies to a transient business or mobile food unit, a general description
of the timeframe for operation and area where the business will be
operated.
c. A description
of the nature of the business and goods, property, or services to
be sold or supplied.
d. A copy
of the current annual certificate of insurance reflecting the required
amounts of insurance in compliance with N.J.S.A. 40A:10A-1, et seq.,
as that statute may be amended from time to time, as follows;
1. Except as provided in Section
4-18.5d2 below, the owner of a business or the owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000.00 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
2. The owner
of a multifamily dwelling, which is four or fewer units, one of which
is owner-occupied, shall maintain liability insurance for negligent
acts and omissions in an amount of no less than $300,000.00 for combined
property damage and bodily injury to or death of one or more persons
in any one accident or occurrence.
Any person or entity that violates the terms of this Section
4-18 et seq., shall pay the registration fee plus a fine of:
a. Not less
than $50.00 for a first offense to be assessed by the Municipal Court
of the Township of Warren and such other fines, fees and costs required
by law.
b. Not less
than $100.00 for a second offense to be assessed by the Municipal
Court of the Township of Warren and such other fines, fees and costs
required by law.
c. Not less
than $500.00 for a third offense to be assessed by the Municipal Court
of the Township of Warren and includes a mandatory appearance in the
Municipal Court of the Township, and such other fines, fees and costs
required by law.
d. For the
fourth and all subsequent offenses, a fine of not less than $500.00,
but no more than $5,000.00 through a summary proceeding pursuant to
the “Penalty Enforcement Law,” N.J.S.A. 2A:58-10 et seq.