Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1969 Code § 39-1; Ord. No. 95-16 § 1; Ord. No. 99-23 § 1; Ord. No. 2003-03 § 1]
No person, persons, corporation or corporations, shall conduct a tent sale, swimming pool, restaurant, lunchroom, hotel, boardinghouse, lodging house, traveling or other show, circus, play, dance, exhibition, concert, theatrical performance, auction, fashion show, street parade, theater, show house, opera house, concert hall, dance hall, or billiard parlor, exhibition ground or other place of public amusement without having first obtained a license for that purpose from the Clerk of the Township of Fairfield in accordance with the provisions of this chapter.
a. 
Requirements for Tent Sales.
1. 
Tent sales may only be conducted in the H-D, C-1 and C-2 zones.
2. 
A license to conduct a tent sale may only be issued to any applicant once each calendar year and may only be conducted for no more than four days, consecutively.
3. 
Applicants must submit, with their application, a diagram of the premises where said tent sale is to be conducted, delineating areas for the conduct of business and parking, and the manner of ingress and egress for vehicular traffic.
4. 
Applications for tent sales must be submitted no less than 45 days prior to the date of the event in order to allow for Township review.
[1969 Code § 39-3; Ord. No. 99-23 § 1]
No owner, occupant or other person or persons having possession or care of any house or other building or room or any lot of land or premises within the Township shall suffer or permit the operating or conducting of any swimming pool, restaurant, lunchroom, hotel, boardinghouse, lodging house, traveling and other show, circus, play, dance, exhibition, concert, theatrical performance, street parade, theater, show house, opera house, concert hall, dance hall, pool and billiard parlor, exhibition ground, without having first obtained a license for that purpose.
[1969 Code § 39-4; Ord. No. 95-16 § 1]
Licenses may be rescinded, refused, forfeited, suspended or revoked by the Mayor and Council if and when in their judgment it may be necessary or advisable for the furtherance of decency and good order.
[1969 Code § 39-5]
All applications for licenses shall be made in writing in the form prescribed or approved by the Mayor and Council.
[1969 Code § 39-6]
No license shall be issued for a period longer than one year and each license issued shall be posted in a conspicuous place on the premises for which the license is issued.
[1969 Code § 39-7; Ord. No. 95-16 § 1; New]
Any person or persons, corporation or corporations who shall violate any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. Each and every violation or failure to comply with any of the provisions of this section shall constitute a separate offense.
[1969 Code § 19-1]
No person, firm or corporation shall place, exhibit or install for use or allow the placing, exhibition or installation for use, or the operation or use on any premises within the Township wherein the public is invited or where the public is permitted to enter, or on any premises wherein any club or public meetings are held, any games of amusement which are designed and constructed to be played or operated by the deposit of a coin or token or other device purchased with a coin, without having first obtained a license issued pursuant to the provisions of this section.
[1969 Code § 19-2]
Applications for licenses shall be in writing, upon oath of the applicant, to be filed with the Township Clerk, and shall set forth the name, residence and age of the applicant, the interest which the applicant has in the premises for which the license is to be issued, the number and type of machines installed and operated there for one year previous to the application (where the applicant has operated the premises for that period of time prior to the application), the names and addresses of the owners of the machines, the business in which the applicant has been engaged for a period of five years previous and the fact of whether the applicant has ever been convicted of a violation of any municipal ordinance or State or Federal law. Where the applicant is a corporation, the application shall be by the chief executive officer thereof, and he shall set forth the names of the stockholders, the extent of their interest in the corporation, the business which it is licensed to transact and the same facts as to the officers of the corporation as are required herein of an individual applicant.
[1969 Code § 19-3; Ord. No. 611; Ord. No. 697; Ord. No. 781]
The license fee for each machine described in Subsection 4-2.1 shall be the sum of $300 for the first machine and $150 for each additional machine located on each premises, which shall be paid at the time of the issuance of the license, and each license shall expire on June 1 next succeeding the date of issuance. Each license shall designate the number of machines for which it is issued and the particular place of business of the licensee, where it shall be posted conspicuously.
[1969 Code § 19-4]
Any license issued pursuant to the provisions of this section may, upon application to the Mayor and Council, be transferred by the holder thereof to another location or place of business upon proof that the holder is, at the time of such transfer, in possession and actively engaged in the business conducted on the premises.
[1969 Code § 19-5]
The Chief of Police shall investigate the facts set forth in each application and shall report the results of his investigation to the Mayor and Council. The Chief shall also investigate and report from time to time, as required by the Mayor and Council, as to the type and number of coin-operated games found on any premises in the Township and shall obtain from each licensee the names and addresses of the owners thereof.
[1969 Code § 19-6]
Where it appears from the report of the Chief of Police that any information furnished in the application of a licensee is false or that there is evidence of gambling in the use of the games or where the licensee has refused to furnish information as to the names and addresses of the owners or has willfully given false information which would be pertinent in determining the character of the business conducted under the license issued pursuant to this section or where the licensee has permitted minors under the age of 18 years, unaccompanied by a parent or other person standing in loco parentis, to play the machines licensed by this section, a hearing shall be held before the Mayor and Council of the Township upon five days' written notice to the licensee of charges preferred, and in such instance where the Mayor and Council, upon hearing duly held, finds that the licensee has made a false application or has allowed, permitted or participated in gambling upon the licensed premises or has willfully refused to cooperate in furnishing information pertinent and relevant to the ownership and purposes of the coin-operated machines operated upon the licensed premises or has permitted persons under the age of 18 years, unaccompanied by a parent or other person standing in loco parentis, to play such machines, the license may be revoked.
[1969 Code § 59-1; Ord. No. 92-39 § I]
As used in this section.
SOLICITING BUSINESS
Shall mean:
a. 
Delivering otherwise than by mail to any residence or place of business in the Township any handbill, circular, or other printed matter advertising any security for sale, any goods, wares or merchandise for sale or rental or any service for hire.
b. 
Attempting at any place in the Township, other than the solicitor's own home or place of business to which the solicitor shall have been expressly invited prior to his coming thereto, to sell or procure an order for any security, sell or procure an order for purchase or rental of any goods, wares or merchandise, or to procure an order for any service or hire.
[1969 Code § 59-2; Ord. No. 92-39 § I]
No person, partnership, organization or corporation shall solicit business in this Township unless the person doing the soliciting shall be the holder of and shall have on his person a license under this section which is in force and effect.
[1969 Code § 59-3; Ord. No. 92-39 § I]
This section shall not apply to the holder of a license under N.J.S.A. 45:24-9, to the holder of a license or certificate issued by any department, board, commission or agency of the State of New Jersey when acting within the scope of that certificate or license, nor to any bona fide religious, charitable, educational, civic, hospital or educational association or corporation organized and existing under the laws of the State of New Jersey or of the United States or any of the United States, the Fairfield Township Fire Department or to any person acting for any such association, company or corporation.
[1969 Code § 59-4; Ord. No. 92-39 § I]
Any person intending to solicit business in this Township, unless he be excepted under the foregoing Subsection 4-3.3 of the section, shall make application to the Township Clerk for a license to do so, which application shall contain the following information and such other information as the Township Clerk may require and shall be verified by the applicant's affidavit:
a. 
The applicant's name and permanent home address. If the applicant is a corporation, then the name, address and telephone number of the corporation. The corporation must also provide the names and addresses of the employees/agents who will be conducting business under this license within the Township of Fairfield.
b. 
The address of each place of residence at which the applicant has lived or conducted business during the three years preceding the application.
c. 
The names of all municipalities in this State in which the applicant has solicited business in the three years preceding the date of application.
d. 
A description of the securities, goods, wares, merchandise or services to be offered, including the average quantity, kind and value of the stock of goods, wares, merchandise or securities intended to be sold or exposed for sale in the Township. The Township Clerk in arriving at the valuation may require the submission of bills or invoices of such goods, wares, merchandise or securities in determining their value and origin.
e. 
Unless the applicant is the owner of the securities, goods, wares or merchandise or the proprietor of the business furnishing the services to be offered, the name, address, and telephone number of the owner or proprietor and a written designation, signed by the owner or proprietor, designating applicant as the agent of the owner or proprietor to solicit business for the owner or proprietor in this Township.
f. 
The names and addresses of three persons not related to or business associates of the applicant of whom the Township Clerk may make inquiry respecting the applicant's reputation for honesty, integrity and financial responsibility.
g. 
The applicant's Police record, if any, i.e., the number of times he has been arrested for disorderly conduct, violations of ordinances, misdemeanors or crimes, the nature of the offense/charge in each instance, and the history of the charge to its final disposition.
h. 
Where the license involves the operation of a motor vehicle, the following information must be supplied:
1. 
The names, addresses and driver's license numbers of all persons using the vehicle.
2. 
All convictions for motor vehicle violations for a period of five years antedating the date of the application, indicating pertinent details.
3. 
All convictions for criminal offenses.
i. 
The application shall also contain the applicant's N.J. State Sales Tax Identification Number and proof that the applicant has complied with the minimum pre-paid provisions of the Sales Tax Law.
[1969 Code § 59-5; Ord. No. 92-39 § I; Ord. No. 2018-07]
[Ord. No. 92-39 § I; Ord. No. 2018-07]
[Ord. No. 92-39 § I; Ord. No. 2018-07]
Before a license under this section is issued, the applicant shall file with the Township Clerk an instrument in writing nominating and appointing the Township Clerk his/her true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license given as required by this section. The instrument shall contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon the agent and when so made shall be taken and held to be as valid as if personally served upon the applicant.
[Ord. No. 92-39 § I]
Applicants for a license under this section shall maintain and produce proof of insurance coverage in the minimum amounts of $100,000 per person/$300,000 per occurrence for general liability purposes including product's liability; and $50,000 for property damage. The Township of Fairfield shall be named as an additional insured on all such insurance policies. The insurance coverages shall not be terminated or cancelled prior to the expiration date thereon unless 30 days' advance written notice is provided to the Township of Fairfield.
[1969 Code § 59-6; Ord. No. 92-39 § I]
The Chief of Police and Township Clerk shall ascertain whether the applicant has ever been convicted of any crime and shall ascertain by inquiry of the persons named as references or otherwise whether the person is of good moral character with a reputation for honesty, integrity and financial responsibility.
[1969 Code § 59-7; Ord. No. 92-39 § I]
No license shall be issued if it appears that any material fact has been misstated in the application, that the application is incomplete, that the applicant has been found guilty of a crime not disclosed in his application or of a crime reflecting upon his honesty, integrity or financial responsibility, that a license or permit issued under an ordinance of similar purport to this section in another municipality has been revoked for cause or if it has not been made to appear that the applicant is a person of good moral character with a reputation for honesty, integrity and financial responsibility.
[1969 Code § 59-8; Ord. No. 92-39 § I; Ord. No. 2018-07]
The fee for the issuance of a license under this section shall be $100 for each license. Licenses utilizing motor vehicle units shall pay a license fee of $100 for the first motor vehicle unit and shall pay an additional fee of $40 for each additional motor vehicle unit operated by the licensee within the Township of Fairfield. Payments of the aforesaid fees by a licensee utilizing motor vehicle units shall also entitle the licensee to one employee/agent license for each motor vehicle unit so utilized. In the event that more than one employee/agent shall operate a motor vehicle unit then a fee of $20 shall be payable for each such additional employee/agent. Fees payable hereunder shall not apply to applicants possessing licenses issued pursuant to N.J.S.A. 45:24-9 and 10.
[1969 Code §§ 59-9, 59-10; Ord. No. 92-39 § I]
The Township Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor", the period for which the license is issued and the number of the license in letters and figures legible from a distance of 10 feet. Additionally, each employee/agent submitted as part of the application, shall be issued a badge which shall state the employee/agent's name. These badges are not transferable between employee/agents and all employee/agents will be required to carry identification credentials. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly be the licensee on the front of his outer garment in such a way as to be conspicuous.
[1969 Code § 59-11; Ord. No. 92-39 § I]
The Township Clerk shall keep a record of all applications made to her for licenses hereunder, including the name of the applicant, the date of her receipt of the application and whether licenses have been issued and the date of the issuance thereof; and the Township Clerk shall monthly report to the Mayor and Council the licenses issued by her.
[1969 Code § 59-12; Ord. No. 92-39 § I; Ord. No. 2016-09 § 1]
Unless suspended or revoked each license issued hereunder shall expire on the 30th day following its issuance.
[1969 Code § 59-13; Ord. No. 92-39 § I]
A license issued hereunder may be revoked by the Mayor and Council if any material facts be misstated in the application for it or if the holder of it after its issuance be convicted of any crime or disorderly conduct or of a violation of any municipal ordinance or be guilty of unfair competition, dishonest business practices or obnoxious conduct.
[1969 Code § 59-14; Ord. No. 92-39 § I]
A license hereunder may be suspended by the Township Clerk for anything on account of which it might be revoked. No hearing shall be required. The suspension shall be by notice of suspension. If a license be suspended, the licensee shall surrender the license. If a license be suspended, it shall remain suspended for two weeks following the service on the licensee of notice of the suspension. Upon such suspension, the licensee may, within two weeks, apply to the Mayor and Council for a hearing. If he shall do so, the license shall be returned to him and the suspension shall terminate until the hearing shall have been held and a conclusion reached. If the Mayor and Council shall find the licensee guilty of anything on account of which the license may be revoked or if the licensee shall fail to ask for a hearing, the license shall be revoked.
[1969 Code § 59-15]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. Each and every day that a violation of the provisions of this chapter shall continue after issuance of the initial summons or complaint shall be deemed and considered a separate and specific violation of this chapter.
In addition to the above, failure to comply with the terms and provisions of this section may subject the licensee to the suspension and revocation of license provisions of subsections 4-3.15 and 4-3.16.
[Ord. No. 2013-13; Ord. No. 2013-17; Ord. No. 2018-07]
a. 
This subsection supersedes all other regulations contained in § 4-3 during states of emergency and the succeeding 45 days of disaster recovery hereinafter referred to as the recovery period.
b. 
During states of emergencies and the ensuing recovery period, the following emergency solicitation regulations shall apply:
1. 
Temporary solicitation during public emergencies shall include and be limited to the following:
(a) 
Application shall be made directly to the Chief of Police who shall be authorized to issue a temporary license to solicit under this subsection.
(b) 
In requesting a temporary solicitation license the applicant shall:
(1) 
Supply the business owner's name, telephone number and permanent home address. If the applicant is a corporation, then the name, address and telephone number of the corporation.
(2) 
Demonstrate the validity of any phone number provided at the time of application.
(3) 
Provide the names of all municipalities in New Jersey in which the applicant has solicited business in the three years preceding the date of the application.
(4) 
Grant access to the applicant's Police record, if any, i.e., the number of times the applicant has been arrested for disorderly conduct, violations of ordinances, misdemeanors, or crimes, the nature of the offense or charge in each instance and the history of the charge to its final disposition.
(5) 
Provide the names, addresses and driver's licenses of all persons representing or working for the business and intended to provide services within the Township for the disaster recovery support.
(6) 
Provide the applicant's N.J. State Sales and Federal Tax Identification Number.
(7) 
Provide proof of insurance coverage in the minimum amounts of $100,000 per occurrence for general liability and $50,000 per occurrence for property damage. Insurance policies shall name Fairfield Township as an additional insured.
(8) 
Submit all required fees for temporary solicitation license to solicit work for disaster recovery services, which fee shall be fixed at $500 for the business and the first motor vehicle. Each additional motor vehicle shall pay an additional $200 fee. This fee shall cover one employee for each licensed vehicle. Each additional employee shall require an additional $100 fee.
(9) 
Display the license which must be with each solicitor and display the vehicle placard on the dash of the vehicle. The Chief of Police shall issue the license and placard for display as appropriate.
2. 
Solicitation During Disaster Recovery Period.
(a) 
Parameters of solicitation sites:
(1) 
Door to door solicitation will be strictly prohibited during a state of emergency and any associated recovery period thereafter.
(2) 
Temporary "shops," "tents" or trailers serving as customer contact points will be permitted as coordinated between the business and the Chief of Police so that:
[a] 
Street locations can be assigned or permitted at the discretion of the Chief of Police.
[b] 
Parking lot locations can be assigned or permitted at the discretion of the Chief of Police and then, only where the parking lot owner allows. Any fee for use of a parking lot will be the sole responsibility of the business owner who shall provide proof of agreement prior to approval by the Chief.
3. 
Each site where solicitation shall be permitted shall be maintained in a clean and safe condition or be subject to closure without notice.
4. 
No business sign associated with solicitation for business shall exceed two feet by three feet in size and shall be affixed to the shop, tent or trailer.
5. 
All solicitation shall take place between the hours of 10:00 a.m. and 9:00 p.m.
c. 
Enforcement:
1. 
Any failure to comply with the direction of the Chief of Police during an emergency period or during the period of disaster recovery under this subsection shall be subject to a fine of $100 and a loss of license for temporary solicitation, and if applicable, be subject to the additional penalties below.
2. 
Failure of the licensed solicitor to display either the solicitation license or the solicitation vehicle placard shall be subject to a fine of $100 for any such failure.
3. 
Any person found soliciting door to door within the Township during the disaster recovery period, whether licensed as a temporary solicitor or not, shall be subject to a fine of $500 and be subject to serve up to 15 days in jail, or both.
4. 
Any person soliciting without a license during the disaster recovery period shall be subject to immediate arrest, and if found guilty of this offense, shall pay a fine of $1,000 for soliciting without a license and serve up to 30 days in jail or both.
5. 
Any person soliciting within the meaning of this subsection found guilty of operating a vehicle in the Township without a placard during the disaster recovery period shall pay a fine of $1,000 for each vehicle operating in the Township without a placard, be subject to 30 days in jail, or both.
[Ord. No. 2016-09 § 2]
a. 
The Township Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that soliciting business is not permitted on the premises (hereinafter referred to as the "Fairfield Township "No-Knock" Registry"). Notification shall be completion of a form available at the Township Clerk's office during normal business hours. The Fairfield Township "No-Knock" Registry shall be maintained as follows:
1. 
The Township Clerk shall update the list on a monthly basis;
2. 
The Fairfield Township "No-Knock" Registry shall consist solely of property addresses and shall include no further identifying information concerning the ownership of each property;
3. 
The Tax Assessor shall notify the Township Clerk of any change in ownership of property on the Fairfield Township "No-Knock" Registry. The Township Clerk shall remove from the "No-Knock" Registry any property which has changed ownership;
4. 
Other than by sale of property, a property, once listed, may only be removed from the "No-Knock" Registry by submitting a written, sworn and notarized request, sent to the Township Clerk.
b. 
The Township Clerk shall distribute the current Fairfield Township No-Knock Registry to a licensee at the time of issuance of a license to solicit business, pursuant to the provisions of this section. The licensee shall not solicit business at any premises identified on the then-current Fairfield Township "No-Knock" Registry.
c. 
Although the most current list of registrants on the Fairfield Township "No Knock" Registry shall be provided by the Township Clerk, it is the responsibility of the licensee to have the most up-to-date list prior to performing their business.
d. 
Any person who violates any provision of this subsection, if convicted, shall be subject to one or more of the following:
1. 
A fine of not less than $100 nor exceeding $1,250;
2. 
Imprisonment in the County jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days;
3. 
A period of community service not exceeding 90 days;
4. 
A permanent revocation of any license issued under the within section; and
5. 
Any person who is convicted of violating this subsection within one year of the date of a previous violation of this section and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this subsection, but shall be calculated separately from the fine imposed for the violation of this subsection.
e. 
The prohibition in this subsection shall not apply to the visiting of a property where the owner or occupant of such property has directly or implicitly indicated to the solicitor or canvasser, through prior interaction, that his/her visit would be welcomed. The burden of persuasion shall be on the person claiming this exemption.
[Ord. No. 2018-07]
All solicitation shall take place between the hours of 10:00 a.m. and 9:00 p.m.
[1969 Code § 66A-1; Ord. No. 569; Ord. No. 2000-10 § 1]
As used in this section:
TAXICAB
Shall mean any automobile or motor car, commonly called a "taxi," other than a bus, engaged in the business of carrying passengers for hire and also commonly known as "public livery," which is held out, announced or advertised to operate or run or which is operated or run from any of the streets within the Township and which accepts passengers for transportation from points or places within the Township to points or places within or outside the Township. Limousines shall be included under this definition.
[1969 Code § 66A-2; Ord. No. 569]
A taxicab license, when used in this section, shall entitle the holder of the license to operate one taxicab. More than one license may be issued to one applicant, provided that each taxicab will be in actual use during the licensed year.
[1969 Code § 66A-3; Ord. No. 569]
No owner of a taxicab or other person having direction or control of a taxicab shall operate it or permit it to be operated as a vehicle for hire or for transporting passengers for compensation upon the streets of the Township unless a taxicab license has first been issued for the vehicle by the Township. The requirements of this section shall not apply to a taxicab duly licensed by another municipality while the taxicab is being operated in the Township solely in response to a call to pick up a passenger or passengers for the purpose of delivering such passenger or passengers to a destination or destinations within the Township. No taxicab licensed in another municipality shall be permitted to cruise in the municipality for the purpose of engaging passengers unless licensed by the Township.
[1969 Code § 66A-4; Ord. No. 569]
Every person applying for a taxicab license or a renewal or transfer thereof must be at least 18 years of age. If a corporation, the corporation must be organized and existing under the laws of the State of New Jersey and shall maintain an office in the Township. The application for the license shall be filed with the Township Clerk upon forms provided by the Clerk. It shall be verified under oath and shall include the following information:
a. 
Name, address and age of applicant. If the applicant is a partnership, the names and addresses of the partners and their respective interests in the partnership shall be given; and if a corporation, the names and addresses of all officers, directors and stockholders shall be given.
b. 
The year, serial number, type, model and color of the vehicle or vehicles to be licensed.
c. 
The passenger capacity of the vehicles or vehicle, not including the driver's seat.
d. 
A description of the applicant's experience in the transportation of passengers.
e. 
The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminal points.
f. 
The color scheme or insignia, if any, to be used to designate the vehicle or vehicles of the applicant.
g. 
The criminal record, if any, of the applicant and if the applicant is a corporation or incorporated association, the criminal record, if any, of each person participating in the ownership or management of the applicant as stockholder, partner, officer, manager or otherwise.
h. 
A certificate from the Police Department of the Township that the taxicab has been inspected and passed such inspection, as required by Subsection 4-4.7, shall be submitted to the Township Clerk before a license shall be issued.
i. 
In the case of a license renewal, the number of weeks during the previous six-month period when the vehicle to be licensed was operated as a taxicab.
j. 
The minimum hours of service to be provided.
[1969 Code § 66A-5; Ord. No. 569; New; Ord. No. 2000-10 § 2; Ord. No. 2003-04 § 1]
No taxicab license shall be issued until the applicant has filed with the Township Clerk an insurance policy, of a company duly licensed to transact business under insurance laws of the State of New Jersey, in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine or taxicab owner for damages on account of property damage, bodily injury or death suffered by any person as a result of an accident occurring by reason of the ownership, maintenance or use of the taxicab or limousine upon any public street. Any license issued for any such operation of the taxicab thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collective amounts aforesaid. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such taxicab or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[1969 Code § 66A-6; Ord. No. 569]
No taxicab license shall be issued unless the applicant shall have complied with the provisions of N.J.S.A. 48:16-22 and the acts amendatory thereof or supplemental thereto, including particularly the delivery of a power of attorney as required by N.J.S.A. 48:16-5. After a taxicab license is issued, the holder thereof shall be required to continue to comply with the statutory provisions of the State of New Jersey.
[1969 Code § 66A-8; Ord. No. 569]
No taxicab license shall be issued, renewed or transferred until the vehicle identified in the application for such license has passed State inspection as required by N.J.S.A. 39:8-2 and has also been examined and inspected by the Police Department and found to comply with the following provisions:
a. 
All taxicabs shall have four doors, two leading into the passenger's compartment and two leading into the driver's compartment, and shall be so constructed that they may be opened from the inside and the outside. Each door shall be constructed with an approved safety lock.
b. 
All upholstery covering or interior lining of any taxicab shall be of leather or other nonabsorbent and washable material, except the roof lining.
c. 
Floor mats shall be provided of removable rubber or other nonabsorbent material.
d. 
Every taxicab shall be equipped with a passenger compartment light adequate to illuminate the interior of the passenger's compartment and with a switch easily accessible to the passenger.
e. 
Every taxicab shall be clean and sanitary. The report of the Police Department on each taxicab examined and inspected prior to licensing shall be delivered to the Township Clerk, who shall file such report with the application for the taxicab license.
[1969 Code § 66A-8; Ord. No. 569]
No taxicab license shall be transferred without the written consent of the Township Council. With such consent, which shall be granted only upon filing of an application by the prospective transferee and a finding that the applicant would be qualified to receive a license in accordance with the provisions of this section, the license may be transferred, provided that it is to be used by the transferee in a bona fide operation of a taxicab business. No taxicab license shall be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan, advance or other financing transaction.
[1969 Code § 66A-9; Ord. No. 569]
a. 
The Township Council shall consider all applications for taxicab licenses. If it finds that the taxicab service proposed to be furnished by the applicant in the Township is required by the public convenience and that the applicant meets all the requirements of this section, then the Council shall direct the Township Clerk to issue a license, which shall be numbered, stating the name and address of the applicant, identifying the vehicle for which the taxicab license is to be issued and the date of issuance; otherwise the application shall be denied. No application shall be denied, however, without giving the applicant an opportunity to be heard on reasonable notice.
b. 
In determining public convenience under terms of this section, the Council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience and responsibility of the applicant as well as the condition, age and fitness of the vehicle for which a taxicab license is sought.
[1969 Code § 66A-10; Ord. No. 569]
a. 
A taxicab license shall entitle the taxicab therein described to be operated in this Township until the license either expires or is surrendered, suspended or revoked, and it shall be transferable only with the approval of the Township Council.
b. 
Any license issued pursuant to the terms of this section shall expire October 1 next succeeding the year in which it was issued, unless sooner surrendered, suspended or revoked.
[1969 Code § 66A-11; Ord. No. 569]
The Township Council may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend any license, if:
a. 
The applicant for the license has been once convicted of a crime in this or any other jurisdiction or convicted of being a disorderly person or of a violation of Title 39 "Motor Vehicles and Traffic Regulation" of the New Jersey Statutes Annotated, or who violates any provision of this section or has any judgment unsatisfied of record against him arising out of an automobile accident or who has made false answers in his application for such license or any renewal thereof or who has failed or fails to render reasonably prompt, safe and adequate taxicab service or who has not complied fully with all requirements of this section.
b. 
The motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary conditions, is dangerous to the safety or health of the occupants or others, or if the policy of insurance required herein has lapsed or such coverage is not maintained at all times.
c. 
The taxicab covered by such license has not been used regularly as a taxicab for a period of six months.
[1969 Code § 66A-12; Ord. No. 569]
No taxicab or livery licensed under this section shall be operated on the streets of the Township, except by a driver who shall have first obtained a license for that purpose from the Township Clerk.
[1969 Code § 66A-13; Ord. No. 569]
All applications for driver's licenses shall be in writing and shall be filed with the Township Clerk in duplicate on forms provided by the Township Clerk. No person shall be licensed as a driver under this section unless he:
a. 
Furnished with his application a recent photograph of himself of a size not less than 1 3/4 inches in length and 1 1/4 inches in width, and a certificate of reputable physician certifying that the applicant has been examined within the preceding 60 days and that he has no infirmity of body or mind which might render him unfit for the safe operation of a taxicab or livery.
b. 
Is at least 18 years of age.
c. 
Is a citizen of the United States and a resident of the State.
d. 
Is a holder of a New Jersey auto driver's license.
e. 
Is able to understand, read and write the English language.
f. 
Is possessed of a satisfactory knowledge of traffic regulations and of the geography of the Township.
g. 
Is of good character.
h. 
Is not addicted to the use of drugs or intoxicating liquors.
i. 
Is not an habitual violator of the Motor Vehicle Act.
j. 
Has not been convicted of an indictable offense, of operating a motor vehicle while under the influence of intoxicating liquor or of reckless driving.
k. 
Shall be fingerprinted and photographed by the Police Department.
[1969 Code § 66A-14; Ord. No. 569]
Licenses issued to drivers shall be of one type. They shall permit the operation by the licensed driver of either a taxicab or a livery.
[1969 Code § 66A-15; Ord. No. 569]
Upon approval of the application for license and payment of the licensee fee hereinafter provided, the Township Clerk shall issue a license, signed by him, in the name of the Township. The Township Clerk shall issue to the licensee a driver's license badge and an identification card. The card shall contain the name of the licensee, a straight-view photograph of the licensee and the Township license number of the licensee.
[1969 Code § 66A-16; Ord. No. 569]
While engaged as a taxicab or livery driver, the licensee shall at all times wear his license badge in a conspicuous place. While engaged as a taxicab driver, the licensee shall insert his license identification card rack or frame provided by the owner and attached on the inside of the taxicab in a place readily visible to passengers. The driver of any taxicab shall be responsible for keeping his identification card in the taxicab operated by him at the time. While engaged as a livery driver, the licensee shall have his identification card in his possession and shall exhibit it upon request.
[1969 Code § 66A-17; Ord. No. 569]
No driver shall lend his license badge to another nor wear a badge other than the one issued to him.
[1969 Code § 66A-18; Ord. No. 569]
All drivers' licenses issued pursuant to this section shall expire October 1 next succeeding the date of issuance thereof, unless sooner suspended or revoked.
[1969 Code § 66A-19; Ord. No. 569; Ord. No. 786]
The fee for a driver's license shall be the sum of $20.
[1969 Code § 66A-20; Ord. No. 569]
Every licensed taxicab driver shall record, in writing, the time and place each passenger is accepted and the time and place of discharge of the passenger. Such records shall be kept intact for one year from the date thereof. Such records shall be kept open, at all times during the one-year period, for inspection by a duly authorized representative of the Department of Public Safety.
[1969 Code § 66A-21; Ord. No. 569]
The driver of any licensed taxicab or livery, immediately after the termination of any hiring or employment, shall carefully search his taxicab or livery for any property lost or abandoned therein. Such property, unless sooner claimed or delivered to the owner, shall be reported, in writing, by the driver or by the owner of the taxicab or livery to the Police Department, giving particulars and a brief description of the property, within 24 hours after finding the same. All such property not claimed within the twenty-four-hour period shall be turned over by the driver or owner of a taxicab or livery to the property clerk of the Department of Public Safety.
[1969 Code § 66A-22; Ord. No. 569]
Any license may be revoked or suspended for cause at any time by the Township Council, upon notice in writing of the charge or charges against the holder of the license and an opportunity to be heard thereon, if requested; provided, however, that an initial inspection of not over 10 days may be ordered prior to the hearing for the determination of the charges. The licensee shall, in writing, answer the charges made against him within five days of their receipt by him and shall endorse a demand for a hearing if one is requested by him. A time and place shall be fixed for the hearing, and at least five days' notice thereof shall be served upon the holder of the license. At the hearing, the party charged with a violation of this section or other violations may make such statements in his own behalf or through witnesses or submit such verified or unverified statements as he may desire. The Council shall proceed to a decision thereon sustaining or revoking the charges and suspending or revoking the license.
[1969 Code § 66A-23; Ord. No. 569]
Owners of taxicabs, their agents and employees and cab drivers engaging in the taxicab business shall render courteous and undiscriminatory service to the public. They shall answer all telephone calls received by them for transportation service within the limits of the Township as soon as they can do so, and if such service cannot be rendered within a reasonable time, they shall notify the prospective passenger when a taxicab will be available to serve him.
[1969 Code § 66A-24; Ord. No. 569]
No taxicab covered by the terms of this section shall be operated at any time in the Township unless it is in good repair and in sound condition to provide safe and dependable transportation.
[1969 Code § 66A-25; Ord. No. 569]
No driver of any taxicab shall permit persons to be carried in a taxicab as passengers in excess of the seating capacity of the taxicab as stated in the license application.
[1969 Code § 66A-26; Ord. No. 569; Ord. No. 786]
a. 
The following fees shall be paid to the Township at the time any license required by this section is applied for:
1. 
With each application for a taxicab license: the sum of $35 plus $20 for each taxicab to be operated.
b. 
No fee shall be refunded because the license applied for is denied.
c. 
Applications for renewal licenses shall be filed not later than September 1.
[1969 Code § 49-1; Ord. No. 851]
a. 
No person, partnership, association, corporation or any combination thereof shall permit, maintain, promote, conduct, act as entrepreneur, undertake, organize, manage, sell or give tickets to an outdoor assembly of 2,000 or more people, whether the assembly is on public or private property, unless a license to hold such assembly has first been issued by the Mayor and Council of the Township, application for which must be made at least 60 days in advance of the assembly.
b. 
Except as otherwise provided in the preceding subsection, a license shall always be required for assemblies for the purpose of mass musical or public entertainment of various designations, or participation therein, including, but not limited to, pop festivals, rock music festivals, folk or ethnic festivals, rock and roll festivals, country and western festivals, jazz festivals, concerts or any combination thereof.
c. 
The prohibitions hereinabove expressed shall not include or pertain to such assemblies, even though enumerated above, which take place in established indoor theaters, lounges, resorts, auditoriums, convention centers or other indoor places licensed for public occupancy, unless otherwise limited by applicable law.
d. 
Nothing herein shall be construed to limit the filing of an application for more than one assembly over a period of one year; however, within a seven-day period, Monday through Sunday, there shall be only one permit issued.
e. 
For good cause shown, the time requirement for filing of an application or applications under this section may be waived by the Mayor and Council, and the Mayor and Council may hear any such application on an expedited basis by special meeting, if required. In such case, the reports required herein may either be waived or presented orally to the Mayor and Council.
[1969 Code § 49-2; Ord. No. 851]
a. 
A separate license shall be required for each date and for each location in which 2,000 or more people assemble or can reasonably be anticipated to assemble. The fee for each license shall be $2,000 per day.
b. 
The license shall permit the assembly of only the maximum number of people as stated in the license. The licensee shall not sell nor permit to assemble at the licensed premises more than the maximum number of people permitted by the license.
c. 
The Mayor and Council may waive the fees provided for in Subsection a above upon the written request of any civic association, charitable association or nonprofit corporation.
[1969 Code § 49-3; Ord. No. 851]
a. 
The Mayor and Council may issue a license upon written application made by any person, partnership, association, corporation or any combination thereof who proposes to maintain, conduct, promote or operate an assembly as set forth herein. No assembly for which a license is issued shall begin prior to 11:00 a.m. or continue after 9:00 p.m.
b. 
The applicant shall file a verified application with the Township Clerk at least 60 days prior to the date or dates on which the assembly is to take place. Corporate applications shall be duly signed, attested and verified by the appropriate corporate officers and shall be accompanied by a current status report, issued under Seal by the Secretary of State, and a copy of the certificate of incorporation.
c. 
The application shall contain the following:
1. 
The name, age, residence and mailing address of the applicant. A corporate application shall show the name, residence and mailing address of each person or other corporation holding 10% or more of the stock in the corporation.
2. 
The address, block and lot number and legal description of all property upon which the assembly is to be held, together with the name and address of the record owner of such property.
3. 
Proof of ownership of all property upon which the assembly is to be held or a statement under oath by the record owner or owners of all such property for an outdoor assembly of 2,000 people or more for the purpose set forth on the application.
4. 
The specific nature and purpose of the assembly, together with a schedule of all events or acts and examples of the proposed advertising of the event, if any, together with the names of all performers who will be performing at the assembly.
5. 
The dates upon which the assembly will take place and the time the assembly will open and finish each day.
6. 
The application shall be accompanied by a diagrammatic sketch or plan of the proposed site, showing the area where the assembly will be situated, the location and capacity of all parking areas, driveways and roads as they relate to traffic flow, traffic control and safety. Fire access lanes and lanes for other emergency vehicles shall be shown on the sketch or plan.
7. 
Past experience of the applicant in promoting, operating or conducting similar outdoor events. The applicant shall state whether any permits or licenses for assemblies issued by this or any other governmental agency have ever been revoked or whether the applicant has ever received a notice of violation from any governmental agency arising out of the conduct of an assembly. Lawsuits commenced against the applicant to enjoin an assembly or to compel the applicant to provide financial responsibility or reimbursement shall be disclosed.
d. 
The application shall further state in specific detail the provisions proposed for the accommodations of persons attending the assembly in the following particulars:
1. 
Food and drink.
2. 
Toilet and other sanitary facilities. At least one toilet per each 350 persons in attendance shall be provided or such other number as may be required by the Board of Health.
3. 
Medical and ambulance services or squads which will be available.
4. 
Facilities for the parking of cars off the traveled highways of the Township. The details shall indicate parking areas, the capacity of the parking areas, means of ingress and egress and the measures intended by the applicant to ensure that cars waiting to park will not congest the public highways.
5. 
Public safety, indicating the kind and number of guards or Special Police to assist the applicant in the control of traffic and supervision of those attending the event. The applicant shall indicate the number of guards, their deployment, their names, addresses, credentials and the hours of their employment on the premises of the assembly.
6. 
The plans, if any, to illuminate the location of the assembly and the pedestrian walkway areas, including the source, amount of power and the location of the illumination.
7. 
The plans for holding, collecting and disposing of solid waste material.
8. 
The plans for supplying potable water, including the source, amount available and location of all outlets.
9. 
The plans for sound control and sound amplification, if any, including the number, location and power of the amplifiers and speakers, together with the applicant's proposal to confine sound to the area of the assembly.
10. 
Upon receipt of each application, the Township Clerk shall immediately transmit copies of the same to each of the following individuals or boards, and each such individual shall respond to the Mayor and Council within 15 days of the date of the filing of such application with a written report of their recommendations, if any, within their respective fields of expertise and considering pertinent requirements of this section:
(a) 
The Chief of Police of the Township or his designee.
(b) 
The Fire Chief of the Fire Department in which the designated assembly is to take place, as well as the Fire Inspector of the Township.
(c) 
The Township Board of Health or its designee.
(d) 
The Township Construction Official.
11. 
If the event is to be conducted outdoors and involves the amplification of sound on a continuous basis, the location of the performance and speakers or other sound source shall be at least 1,500 feet from the nearest resident dwelling.
12. 
A fence completely enclosing the location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which shall have at least four gates, at least on four opposite points of the compass.
13. 
A parking and traffic control plan for the number of persons projected to attend the event must be formulated, which plan must be sufficient to ensure a free flow of traffic and make available rapid access for emergency vehicles. Further, the applicant shall provide adequate off-street parking facilities on the site or within 1,500 feet thereof to accommodate the projected number of persons expected to attend the event. For this purpose, a parking space shall be deemed to be any space designated on a prior approved site plan or an area having a width of 10 feet and a depth of 20 feet bordering on an access lane which shall have a minimum width of 25 feet.
14. 
The number of persons permitted to attend the event shall be restricted to a maximum of four persons per authorized parking space in accordance with the provisions of Subsection d13 above, except where each requirement is more restrictive than the terms of a site plan approved as to any structure where such event is to take place.
15. 
The provisions of this section may be enforced by injunction in any Court of competent jurisdiction.
16. 
The holding of any outdoor assembly in violation of any provision or condition contained in this section shall be viewed as a public nuisance and may be abated as such.
17. 
Any person who violates any subsection or who violates upon which he is granted a license may be fined or imprisoned in accordance with the general penalty provisions of Chapter 1 of this Code.
[1969 Code § 49-4; Ord. No. 851]
The application shall also contain the following proof of financial responsibility and adequate insurance coverage:
a. 
The applicant shall submit to the Township Clerk, with his application, a written commitment from an insurance company licensed to do business in New Jersey to insure the applicant and the Township as a named coinsured during such event for bodily injury and property damage combined in the amount of $500,000 general liability; excess liability, bodily injury and property damage combined, $10,000,000; Workers' Compensation, statutory, $1,000,000. Where it appears that the nature or size of the event or existence of other applicable insurance will not reasonably require the limits hereinabove provided, the Mayor and Council may fix such lesser amounts of limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants and to the public.
b. 
In addition to the insurance obligation provided for hereinabove, the Mayor and Council may require of the applicant, prior to the issuance of a permit, a cash deposit in an amount sufficient to ensure full payment of its permit fees and/or to ensure prompt repair of physical damage and collection of refuse, if the same is not adequately provided for by the applicant. Such a cash deposit may include sums sufficient to pay for such Special Police Officers and like personnel as may reasonably be required by the event and for which the Township shall bill the applicant.
c. 
The applicant shall file a bond with the Township Clerk, either in cash or underwritten by a surety company licensed to do business in the State of New Jersey, in the amount of $50,000 which bond will indemnify and hold harmless the Township or any of its agents, officers, servants and/or employees from any liability or any causes of action of whatever nature which may arise by reason of the granting of the license and from any damage incurred by trespass, vandalism or otherwise and from any costs incurred in cleaning up any waste materials produced or left by the assembly. At the discretion of the Mayor and Council, the above bond may be waived and the Mayor and Council may accept a letter of indemnification from the applicant when the applicant demonstrates assets in excess of $5,000,000 by a certified financial statement.
[1969 Code § 49-5; Ord. No. 851]
The Mayor and Council shall conduct a hearing on an application for a license hereunder at a regular meeting of the Mayor and Council within 45 days of the submission of a completed application. A notice of the hearing shall be published at least once in the official newspaper of the Township at least five days prior to the date of the hearing. The Mayor and Council may, after considering the application, causing due investigation and after giving due regard to the recommendations of the Chief of Police, Fire Chief, Fire Inspector, Board of Health and Construction Official, issue the license requested upon such terms and conditions as it deems necessary and proper to ensure the health, safety and welfare of the citizens of the Township.
[1969 Code § 49-6; Ord. No. 851]
a. 
A permit may be revoked by the Mayor and Council upon 12 hours' notice to the applicant where it appears that:
1. 
The application is materially false or purposely misleading.
2. 
The number of persons attending the assembly is unexpectedly greater by 25% than the number initially projected, and the applicant is unable to deposit sufficient moneys to ensure adequate Police protection or is unable, by reason of such increase, to provide proportionally greater sanitary, water, food and other health facilities.
3. 
New or substantially changed conditions have arisen so as to imperil or materially endanger the public health, morals, safety or welfare.
4. 
Notwithstanding the above, a permit may be revoked at any time after 24 hours prior to the event and at any time during such event where it appears that the public health, morals, safety or welfare are being endangered, where it appears that numerous acts of criminality, disorderly conduct, juvenile delinquency or violations of the Controlled Dangerous Substance Act of the State of New Jersey are occurring or where nuisances substantially impairing the comfort or welfare of the Township are occurring. Where such circumstances appear, a permit shall be revoked in the following manner:
(a) 
By a majority of a quorum of the Mayor and Council.
(b) 
If a quorum of the Mayor and Council cannot reasonably be convened or contacted by telephone, then by the Mayor.
(c) 
In the absence of the Mayor, by his designee appointed for this purpose.
(d) 
In the absence of the foregoing, by the Chief of Police or his designee.
b. 
In the event of revocation under this subsection, the permit fee and the cash deposit, to the extent the latter is billed, used or required, shall not be returned to the applicant.
[1969 Code § 36-1]
As used in this section:
JUNKYARD DEALER
Shall mean and describe any business in the Township where unregistered motor vehicles unfit for reconditioning for use in highway transportation, or used parts thereof or other obsolete vehicles, equipment, appliances or metal scrap having junk salvage value are purchased by a dealer in such commodities and deposited and stored by such dealer for display and sale of used parts or scrap metal on any open lot or area of vacant land.
a. 
The term the junkyard dealer as used in this section shall also mean and describe the business of keeping a junkyard in the Township and the business of keeping and maintaining within the Township any yard, space or place, whether uncovered or covered (unless completely enclosed), for the purpose of buying, selling, exchanging, storing, processing or preparing for sale or use only, secondhand, used, discarded or scrapped metals, bottles, glassware, tinware, paper bags, rubber goods, plumbing, heating and electric equipment, fittings, fixtures and appliances, whole motor vehicles which are unregistered or, if registered, no longer fit for reconditioning for use in highway transportation, or motor or other vehicles which are wholly or partly dismantled or used parts or scrap therefrom or any other old, secondhand, used, discarded or scrapped material commonly called junk.
[1969 Code § 36-2]
No person, partnership, firm or corporation shall engage in the business of a junkyard dealer without a license for such business issued by the Mayor and Council of the Township in accordance with the provisions of this section.
[1969 Code § 36-3]
The annual license fee for a license to conduct the business of a junkyard dealer in the Township is hereby fixed as follows: The minimum annual fee shall be the sum of $125, which shall be paid in all cases where the area to be licensed does not exceed 2,500 square feet of land. In all other cases where the area of the licensed premises exceeds 2,500 square feet of land, the licensee shall pay in addition to the minimum fee of $125, an annual sum of $40 for each additional area of 1,000 square feet of land or fraction thereof. No license, pursuant to the provisions of this section, shall be issued or a renewal of an existing license granted until the full amount of the annual license computed in the manner above set forth has been paid by cash or certified check to the Treasurer of the Township.
[1969 Code § 36-4]
Each license issued pursuant to the provisions of this section shall apply only to the premises shown on the survey furnished by the licensee with the application for the license, and shall not authorize the licensee to use any other premises beyond the lines of the survey.
[1969 Code § 36-5]
Application for a junkyard dealer license shall be made by the applicant in writing on forms approved by the Mayor and Council of the Township and made available to applicants at the office of the Township Clerk. The application shall be submitted under oath and shall set forth the name and address of the licensee who will conduct the business of a junkyard dealer and the names and addresses of all persons having a beneficial interest in the business. It shall set forth an accurate description of the premises for which the license is sought as shown by the survey to be attached and shall contain such other detailed information as to the character and location of the business as may be required by the Mayor and Council in order to determine whether the issuance of the license sought would serve the public interest.
a. 
Each applicant shall in his application undertake to defray the expense to the Township of the public hearing on his application and he shall deposit with the Township in cash or by certified check the sum of $50 simultaneously with the filing of his application, and if that sum be exhausted, such further sums as the Township shall require. Upon final action on any application, the Township will refund to the applicant the sum or sums so deposited less the expenses incurred or paid by it in connection with the application and the hearing thereon.
b. 
Upon filing of the application for such license with the Township Clerk, and the making of the deposit for costs, written notice shall be given to the applicant and public notice given by advertisement in a newspaper circulating in the municipality at least seven days prior to hearing, of the time and place fixed by the Mayor and Council of hearing to be held before the Mayor and Council on the issuance of the license, at which time and place the applicant and all interested persons shall have reasonable opportunity to be heard, and no license to conduct the business of a junkyard dealer shall be granted unless it appears after public hearing before the Mayor and Council that the issuance of the license would not cause unreasonable depreciation of surrounding property or be otherwise adverse to the best interests of the community.
[1969 Code § 36-6]
Each licensee who engages in the business of a junkyard dealer shall install enclosed sanitary facilities upon the premises for the use of all personnel upon the premises in connection with the business, and the same shall be installed in accordance with regulations of the Board of Health and ordinances of the Township applicable thereto.
[1969 Code § 36-7]
The licensed premises shall be covered with hard surfacing or other protective material and shall be maintained and kept in such manner that will prevent the habitation and breeding of rodents or vermin, in the ground under junk piles or in and about such piles, and will prevent the accumulation of stagnant water on the ground or in and about piles of junk.
[1969 Code § 36-8]
Each licensee holding a license pursuant to the provisions of this section and engaging in the business of a junkyard dealer shall keep a record of all vehicles, appliances or junk purchases, setting forth the identity of the items purchased, the date of such purchase, the name and address of the seller and the amount paid, and such record shall be available for inspection to all law enforcement officers or other persons having lawful authority to make inquiry as to the source from which the junk material was acquired and the title of the seller.
[1969 Code § 36-10]
The premises used for the business of a junkyard dealer shall be enclosed to limit exit or entrance to identified places and reasonable safeguards and precautions shall be taken in the construction and maintenance of the enclosure so as to prevent ready access to the premises by unauthorized persons or by children attracted to enter the same for purposes of play.
[1969 Code § 36-11]
All gasoline or other highly inflammable substances and all chemicals and materials constituting a potential source for spontaneous combustion, explosion or injury to persons shall be removed from junked vehicles, equipment, appliances and parts stored on the licensed premises for display and sale.
[1969 Code § 36-12]
Any license issued pursuant to the provisions of this section may be revoked, or the renewal of such license denied, if it shall appear upon hearing before the Mayor and Council on 10 days' notice to the licensee of such hearing, with reasonable opportunity to be heard, that the business has been conducted in such manner that a continuance thereof is detrimental to public health, safety and general welfare of the community.
[Ord. No. 2000-01 § 1]
As used in this section, the term "public swimming pool" shall have the following meaning:
PUBLIC SWIMMING POOL
Shall mean and include fill and draw, flow-through and recirculation pools, hot tubs and spas, outdoor and indoor, which are artificially constructed to provide recreational facilities for public swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include facilities established or maintained upon any premises by any individual for his own or his family's use or guests of his household.
[1]
Editor's Note: Former subsections 4-7.2 through 4-7.10 pertaining to swimming pools has been deleted by Ordinance No. 2007-24. See § 8-4, Swimming Pools and Public Recreational Bathing Facilities for swimming pool regulations.
[1]
Editor's Note: Prior ordinance history includes portions of 1969 Code §§ 5-1-5-8 and Ordinance Nos. 587, 598, 775, 867, 911 and 96-09.
[Ord. No. 2006-12 § 1]
a. 
Any person, firm or corporation which owns or operates a burglar, hold-up, panic or fire alarm device or a local alarm shall make application for the continuance thereof, in writing, to the Chief of Police, which application shall contain, the name, address, and telephone number of the monitoring company, a list of persons to be contacted in the event of an alarm and other information as may be required by the Chief of Police.
b. 
Alarms shall be registered with the Police Department of the Township. A fee of $25 shall be paid for the initial registration.
[Ord. No. 2006-12 § 1]
a. 
Dial alarms shall be coded to dial a special separate number, which can be obtained from the Chief of Police or their agent, and no dial alarm shall be coded to dial the number of the general Police switchboard of the Township.
b. 
Messages must conform to the approved format on the application.
c. 
The total length of a message must not exceed 15 seconds.
d. 
Messages shall be received by Police headquarters twice, but no more than twice.
e. 
The dialing device must provide an automatic line-seizure feature in the event that this line is busy with an incoming or outgoing call.
[Ord. No. 2006-12 § 1]
a. 
A false alarm shall be any activation of an alarm system causing the Police or other emergency unit to respond, the cause of which was not fire, smoke or similar hazard, an emergency, an unauthorized entry, the commission of an unlawful act, or caused by a specific condition or occurrence clearly beyond the control of the permittee or his agents.
b. 
In the event of a false alarm, any person having knowledge shall immediately notify the Police Department in a manner so prescribed by the rules and regulations in accordance with this section. In addition, in the case of a false alarm, the Chief of Police shall cause an investigation to be made and shall keep a record of such alarms on file. For such alarms, the following penalties shall be imposed:
1. 
For the first and second false burglar alarm in any given calendar year, a warning shall be issued.
2. 
For the first false fire alarm in any given calendar year, a warning shall be issued. For the second false fire alarm in the same calendar year, a fine of $50 shall be paid to the Township.
3. 
For the third false burglar alarm in the same calendar year, a fine of $50 shall be paid to the Township. For the third false fire alarm in the same calendar year, a fine of $100 shall be paid to the Township.
4. 
For the fourth false fire or burglar alarm, and each false fire or burglar alarm thereafter, in the same calendar year, a fine of not less than $150 and not more than $250 shall be imposed by the Court and be paid to the Township.
5. 
For each false fire or burglar alarm over six in the same calendar year, a fine of not less than $250 and not more than $1,000 shall be imposed by the Court and be paid to the Township.
6. 
The Township, the Library Board and the Board of Education shall be exempt from paying any fines for false alarms pursuant to this section.
[Ord. No. 2006-12 § 1]
All audible alarms shall be equipped with a time relay or battery to limit the sound of an alarm to 30 minutes or less.
[Ord. No. 2006-12 § 1]
All alarms shall be registered within 60 days of notice. Failure to comply with the registration of an alarm may result in a fine of no more than $25 for the first offense and $100 for each future violation after notification.
[Ord. No. 94-1 § 1]
This section shall apply to masseurs, masseuses and similar persons other than physicians and chiropractors who are licensed to practice by the State of New Jersey.
[Ord. No. 94-1 § 1]
MASSEURS, MASSEUSES, AND OTHER SIMILAR PERSONS
Shall refer to those persons who perform body massages which shall be defined as the pressing, squeezing, or stimulating of the neck, limbs, back or other parts of the human body with or without cosmetic or other preparation either by hand, mechanical or electrical appliances.
[Ord. No. 94-1 § 1]
It shall be unlawful for any person, firm, corporation or partnership to operate any establishment or utilize any premises in the Township of Fairfield as or for a massage or similar business unless and until there first has been obtained a license for such establishment or premises from the Township Clerk as set forth herein. The required license shall apply to each person performing the massage.
[Ord. No. 94-1 § 1]
Any person desiring a license required by this section shall file with the Township Clerk an application containing the following information:
a. 
The name and address of the applicant; if a corporation, the name and addresses of the president and secretary shall be given; if a partnership, the name and addresses of all partners shall be given.
b. 
The residence of the applicant at the present time as well as the last five years.
c. 
The address of the establishment or premises to be used in the massage business or similar business.
d. 
A statement of the applicant's employment or business operated for a period of five years prior to making the application.
e. 
The name and address for all persons/employees who will perform the massage/therapy for the present year and last five years.
f. 
Detail of any arrests or convictions for misdemeanors and crimes, including the nature of the offense for which arrested or convicted, the date of conviction and the place where the conviction was obtained. This provision shall apply to the applicant as well as any person/employees who will perform the massage/therapy.
g. 
A statement of all of applicant's licenses to conduct the business herein described which have been denied, suspended or revoked.
h. 
A statement that the applicant certifies that it supplies the information knowing that the Township will rely therein in issuing a license, and the applicant further agrees to comply with all laws and ordinances of the Township.
[Ord. No. 94-1 § 1]
a. 
Following the filing of an application for a license under this section, the Chief of Police shall verify the information respecting the background of the applicant and shall signify his/her approval or rejection on the application. An application shall be rejected by the Chief of Police if the applicant has been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude.
b. 
The Zoning Officer shall verify that the applicant's business at the location requested will not violate the Zoning Ordinance of the Township or any other Township ordinance or State Law.
c. 
The applicant has supplied the Township Clerk with proof that the applicant (which includes all personnel who perform massages) has been certified by the American Massage Therapists Association or equivalent. The applicant must prominently display the certificate, degree or diploma so obtained in the establishment for which the subject license has been applied for.
d. 
The Township Health Officer shall verify that the premises for which the license has been applied for, complies with the Local Health/Sanitation Code.
[Ord. No. 94-1 § 1]
a. 
The applicant for a license as specified herein shall pay an annual license fee of $100 which fee shall become due on the first day of June in each year.
b. 
Every license issued pursuant to this section will terminate at the expiration of one year from the date of issuance, unless sooner revoked; and must be renewed before operation is allowed in the following year. The application for renewal must be filed not later than 60 days before the license expires.
[Ord. No. 94-1 § 1]
a. 
The Mayor and Council may revoke or suspend a license for any of the following reasons:
1. 
Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
2. 
The applicant violates any provisions of this section.
3. 
The applicant becomes ineligible to obtain a license.
4. 
The fee required to be paid by this section is not paid.
b. 
The Mayor and Council, before revoking or suspending any license, shall give the applicant at least 10 days' written notice of the charges against him/her and the opportunity for a public hearing before the Mayor and Council.
[Ord. No. 94-1 § 1]
Any person who violates any of the provisions of this section shall upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 2006-10 § 1]
This section may be cited as the "Tanning Facilities Ordinance of the Township of Fairfield."
[Ord. No. 2006-10 § 1]
Wherever used in this section, the following terms shall have the following meanings:
TANNING BOOTH
Shall mean any enclosed or semi-enclosed area or room, containing one or more ultraviolet lamps, intended for irradiation of any part of the human body to induce skin tanning.
TANNING FACILITY
Shall mean any commercial enterprise or facility containing one or more tanning booths, provided that this definition shall not include any hospital, clinic or other medical facility wherein ultraviolet radiation is or may be used, under the supervision of a trained medical staff, for the diagnosis or treatment of disease.
[Ord. No. 2006-10 § 1]
a. 
No person shall establish, maintain or operate a tanning facility in the Township of Fairfield without first having obtained from the Board of Health a license to do so. Such license shall be posted in a conspicuous location near the public entrance of the tanning facility.
b. 
A person owning a tanning facility operating at the time of enactment of this section[1] shall apply to the Board of Health for licensure within 30 days following the effective date of this section.[2]
[1]
Editor's Note: Ordinance No. 2006-10, codified herein, was adopted April 10, 2006.
[2]
Editor's Note: Ordinance No. 2006-10, codified herein, was adopted April 10, 2006.
c. 
A person owning a tanning facility established after the effective date of this section[3] shall apply for a license no later than 10 days prior to commencing operation of the tanning facility.
[3]
Editor's Note: Ordinance No. 2006-10, codified herein, was adopted April 10, 2006.
d. 
A person purchasing a tanning facility after the effective date of this section[4] shall apply for a new license no later than 10 days prior to commencing operation under new ownership. Operators of licensed tanning facilities are required to notify the Board of Health of the impending sale of the tanning facility no later than 30 days prior to the sale.
[4]
Editor's Note: Ordinance No. 2006-10, codified herein, was adopted April 10, 2006.
[Ord. No. 2006-10 § 1]
No license shall be issued or renewed unless the following requirements are met to the satisfaction of the Health Officer:
a. 
Application for a license shall be on forms approved by the Board and include payment of the required fee.
b. 
The applicant shall submit interior design and floor plans for the tanning facility to the Board for approval.
c. 
The tanning facility shall be inspected and found to be in compliance with the requirements of this section.[1]
[1]
Editor's Note: Ordinance No. 2006-10, codified herein, was adopted April 10, 2006.
d. 
A telephone posted with the emergency number "911" and the Health Officer's number shall be made easily accessible for both patrons and employees for emergency use.
[Ord. No. 2006-10 § 1]
No license shall be issued or renewed unless the tanning facility complies with the following standards:
a. 
Each tanning booth shall have a prominently displayed warning that states: "DANGER - ULTRAVIOLET RADIATION. FOLLOW INSTRUCTIONS. As with natural sunlight, over-exposure can cause injury and sunburn; repeated exposure may cause premature aging of the skin and skin cancer. Medications or cosmetics applied to the skin may increase over-sensitivity to ultraviolet light, as may a family history of skin problems, allergy to sunlight, or a person's tendency to get cold sores. Consult a physician before using unit if taking any medication or if you believe yourself sensitive to sunlight."
b. 
Each tanning booth shall be provided with physical aids, such as handrails or floor markings, to ensure the user is kept at the proper exposure distance.
c. 
Each tanning booth shall be equipped with an approved timing device, used to control exposure duration, which shall have a minimum accuracy of plus or minus 10%. The timing devices shall be controlled either by the facility attendant or by automatic means that prevent user access to controls.
d. 
Tanning booths shall, at all times, be maintained at an ambient temperature of 100° F. (38° C.) or less. Adequate ventilation shall be provided at all times of operation to ensure comfortable temperatures and humidity.
e. 
Electrical hazards in the tanning booths shall be minimized, and all electrical work shall conform to applicable electrical codes and standards.
f. 
Tanning booth design and construction shall be adequate to resist collapse due to the impact of a falling person.
g. 
Floors, walls and ceilings of tanning booths shall be kept neat, clean and free of debris. Floors and walls shall be kept dry at all times and shall be constructed of durable, easily cleaned material.
h. 
Ultraviolet lamps shall be protected from breakage with physical barriers such as heavy wire grids, ultraviolet transmitting plastics or the like. Protection shall be sturdy enough to withstand the impact of a falling person.
i. 
Tanning booth access doors shall be designed to facilitate rapid entrance into or exit from said units. Doors shall open outwardly.
[Ord. No. 2006-10 § 1]
No license shall be issued or renewed unless the tanning facility complies with the following standards:
a. 
Prior to initial exposure, each customer shall be provided the opportunity to read a copy of the warning specified in Subsection 4-10.5a above.
b. 
At each visit, customers shall be provided, free of charge, with sanitary eyewear that will protect eyes from ultraviolet radiation and allow adequate vision necessary to maintain balance or to effect quick, safe exit from unit. Reusable eyewear shall be sanitized by complete immersion for at least one minute in an approved sanitizing solution (100 parts per million chlorine or the equivalent), then wiped dry with a disposable, single-use paper towel. Individually maintained goggles are an acceptable alternative.
c. 
All towels and other linens provided to consumers shall be properly laundered and sanitized in an approved manner between each use. Soiled towels and linens shall be stored in a durable, washable and lidded container until removal for laundering.
d. 
Tanning booths or other tanning components that permit direct contact with human skin shall be properly sanitized between each use. Each room in which a tanning booth is located shall be supplied with a disinfectant spray and disposable towels, as well as receptacles for such towels. A sign shall be posted at each location where cleaning supplies are provided notifying customers of its availability and intended use of these supplies.
e. 
Tanning facilities shall maintain complete and accurate contact information for all customers. Contact information shall include the name, address, and telephone number of the customer and an emergency contact.
f. 
Persons under the age of 14 shall not be permitted to use any tanning facility.
g. 
Persons at least 14 but less than 18 years of age shall not be permitted to use any tanning facility without initial accompaniment by, and written authorization of, a parent or legal guardian. The parent or legal guardian shall have been provided the basic information required in Subsection 4-10.5a above.
h. 
The tanning facility operator shall post a sign in conspicuous view at or near the reception area which states: "PERSONS UNDER AGE 14 SHALL NOT BE PERMITTED TO USE THIS TANNING FACILITY. PERSONS BETWEEN 14 AND 18 YEARS OF AGE SHALL NOT BE PERMITTED TO USE THIS TANNING FACILITY WITHOUT WRITTEN AUTHORIZATION OF A PARENT OR LEGAL GUARDIAN."
[Ord. No. 2006-10 § 1]
a. 
Rules applicable to food service, milk and water supply include:
1. 
All food service and milk supply shall comply with Chapter 12 of the State Sanitary Code (N.J.A.C. 8:21-2 and N.J.S.A. 26:1A-9).
2. 
The water supply shall comply with the provisions of the New Jersey Safe Drinking Water Act (N.J.S.A. 58:12A-1 et seq.).
b. 
Drinking fountains, if provided, shall be constructed of impervious material and have an angle jet with a nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design, without corners, and the bowl opening shall be equipped with a strainer. Waste water from the bowl shall be discharged to a suitable drain, by means of a pipe with a suitable air gap.
[Ord. No. 2006-10 § 1]
Swimming pools and spas shall conform to municipal ordinances, state statutes, and Chapter 9 of the State Sanitary Code, entitled "Public Recreational Bathing" (N.J.A.C. 8:26).
[Ord. No. 2006-10 § 1]
Health clubs shall conform to the requirements of § 4-12 et seq., and any other applicable municipal ordinances, State statutes and/or regulations.
[Ord. No. 2006-10 § 1]
The application fee for a license, new or renewal, shall be $75 plus $10 per tanning booth for a one-year period beginning January 1 and ending December 31. License application fees are nonrefundable. All licenses shall expire on December 31 of the year of issue. All applications for the renewal of licenses and the required fees must be received by the Health Officer no later than December 31 of the year in which the current license shall expire.
[Ord. No. 2006-10 § 1]
The Health Officer shall provide the holder of the license with written notice of any violations of the provisions of this section. The notice shall specify the violations found, the required remedial action, and a reasonable time period to correct or abate such violations. If the violations are not corrected or abated within the time set forth in the notice, the license may be suspended or revoked after an opportunity has been afforded to the license holder for a hearing before the Board pursuant to Subsection 4-10.13.
[Ord. No. 2006-10 § 1]
a. 
No variation from any of the provisions of this section shall be permitted except as elsewhere provided herein.
b. 
Subsection 4-10.4b shall not apply to tanning facilities that were constructed prior to the effective date of this section.[1] Any alterations of any tanning facility shall be made in accordance with the applicable provisions of these rules, and at the discretion of the Health Officer, acting on behalf of the Board.
[1]
Editor's Note: Ordinance No. 2006-10, codified herein, was adopted April 10, 2006.
[Ord. No. 2006-10 § 1]
Any person aggrieved by any administrative decision of the Health Officer pursuant to this section, including the denial of a license, the refusal to renew a license, or the suspension of a license, shall have the right to appeal such decision to the Board at its next regularly scheduled meeting. For such appeal, the Health Officer or his designee shall present evidence supporting the decision made by the Health Officer, and the aggrieved party shall present evidence opposing the decision of the Health Officer. After reviewing all competent evidence presented, the Board, by a majority vote, shall then affirm, reverse or modify the decision of the Health Officer. On all appeals, the decision of the Board shall be final.
[Ord. No. 2006-10 § 1]
a. 
Whenever additional inspections are necessitated by reason of classification of a tanning facility as unsatisfactory (beyond one initial inspection), the license holder shall reimburse the Township for the cost of each such inspection in the amount of the original license fee applicable to the premises.
b. 
For any violation of any provision of this section, the following shall apply:
1. 
For any violation of any provision of this section, the Health Officer or his designee or any other law enforcement officer shall issue a summons and complaint, in usual form, returnable in the Municipal Court of the Township of Fairfield or such other court as may be permitted by law.
2. 
Upon conviction, any person who violates any provision of this section shall be subject to a fine of not less than $50 nor more than $1,000 for the first offense, and a fine of not less than $50 nor more than $1,000 and imprisonment for 90 days for the second and subsequent offenses, or the maximum penalties otherwise permitted by law.
3. 
In addition to any other penalties imposed, upon conviction, any person who violates any provision of this section may have its license suspended.
c. 
Each day (consisting of a twenty-four-hour period beginning at 12:01 a.m.) during which a continuing violation of this section subsists shall constitute a separate violation and shall incur the penalties set forth herein.
[Ord. No. 95-10 § I; Ord. No. 97-11 § I; Ord. No. 2011-05]
a. 
License Required. No person shall own or operate within the Township any raffle drawing, bingo game or other game of chance without a license issued in accordance with N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq.
b. 
Licenses Requirements. Pursuant to the "Bingo Licensing Law," N.J.S.A. 5:8-24 et seq. and the "Raffles Licensing Law," N.J.S.A. 5:8-50 et seq., bingo licenses and raffle licenses may be issued to any organization or association of veterans of any wars in which the United States was engaged, any church or religious congregations and religious organizations, charitable, educational and fraternal organizations, civic and service clubs, officially organized volunteer fire companies and officially recognized volunteer first aid or rescue squads to hold and operate games of chance restricted to bingo or raffles.
c. 
Application for License. Each application for a license shall file with the Township Clerk a written application pursuant to N.J.S.A. 5:8-26.
d. 
License Fees for Raffles.
1. 
Off-Premises 50/50 Raffle. $20 for each $1,000 of the value of prizes awarded in each raffle with respect to which tickets or rights to participate may be sold in advance of the occasion or the drawing or allotment of prizes, commonly called an "off-premises" raffle.
2. 
On-Premises 50/50 Draw Raffle. All registered organizations holding raffles wherein all tickets or rights to participate are sold only to persons present at the place of the drawing, the winner(s) determined and the prize(s) awarded to a person or persons present at the drawing, must pay a licensing fee of $20 for any such raffle for cash prizes (50/50) in excess of $400 or merchandise prizes where the total combined retail value of prizes awarded is in excess of $400.
3. 
Carnivals. $20 for each carnival wheel or game conducted on any day or series of six consecutive days at one location.
4. 
Instant Raffle Game. Licensing fees payable by law to the Control Commission for this type of license is $20 for each day on which instant raffle tickets are sold or offered for sale, or $750 for one-year license to sell, or to offer for sale, instant raffle tickets during that year.
5. 
Casino Night. $100 for each day of operation.
6. 
Off-Premises Merchandise Draw Raffle. $20 for each $1,000 or part thereof of the total retail value of the prize(s) to be awarded.
7. 
One-Premises Merchandise Draw Raffle. $20 for each day on which a drawing(s) is to be conducted under the license only if anticipated value of the merchandise prize(s) is in excess of $400. Otherwise, there is no license fee.
e. 
License Fees for Bingo. License fees for bingo shall be $20 for each occasion upon which any game or games are to be conducted under such license.
f. 
License Fees Exemption for Senior Citizen Groups. The license fees set forth in paragraphs d and e above shall not apply to any senior citizen association or club registered with the Legalized Games of Chance Control Commission of the State of New Jersey, which will hold, operate or conduct the games solely for the bona fide active members of the licensed association or club. No fee shall be charged to any senior citizen association or club for processing an application or issuing a license to hold, operate or conduct any legalized game of chance solely for its bona fide active members.
[Ord. No. 95-10 § II; Ord. No. 97-11 § II]
Senior citizen associations or clubs may be issued bingo licenses when the entire net proceeds are to be devoted to support such organizations; in accordance with P.L. 1973, c. 127, Section 1, N.J.S.A. 5:8-25.
a. 
A "Special Senior Citizen Bingo License" may be issued to any senior citizen association or club desiring to hold, operate and conduct games of chance, solely for the purpose of amusement and recreation of its members, provided that the following provisions are complied with:
1. 
The games of chance shall be held, operated and conducted where no player or other person furnishes anything of value for the opportunity to participate;
2. 
The prizes to be awarded are nominal;
3. 
No person other than bona fide active members of the organization participate in the conduct of the games; and
4. 
No person is paid for conducting or assisting in the conduct of the game or games.
b. 
The "Special Senior Citizen Bingo License" shall be issued without fee and shall be effective for a period of two years measured from the date of issuance. A separate application for a "Special Senior Citizen Bingo License" shall be filed with the Township Clerk.
[Ord. No. 95-10 § III; Ord. No. 97-11 § III]
a. 
The bingo and raffle licenses described in this chapter shall be issued only upon successful completion of the requirement stated in N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq., respectively, and may be issued for each and every day of the week pursuant to N.J.S.A. 5:8-31;
b. 
Senior citizen associations or clubs holding, operating and conducting games of chance solely for the amusement and recreation of its members under the "Special Senior Citizen Bingo License" shall not be subject to the provisions of the act with regard to licensing and other requirements of N.J.S.A. 5:8-24 et seq.;
c. 
The operators of any bingo game or raffle shall adhere to all rules and regulations promulgated by the Legalized Games of Chance Control Commission pursuant to N.J.S.A. 5:8-1, et seq.
[Ord. No. 95-10 § IV; Ord. No. 97-11 § IV]
No person, organization, club, company or squad shall conduct, operate, run, participate in or attend any unlicensed raffle or bingo game in the Township.
[Ord. No. 95-10 § V; Ord. No. 97-11 § V]
A conviction hereunder shall also be proper grounds, in the discretion of the Governing Body, to suspend or revoke the license if any has been issued and is outstanding.
[Ord. No. 95-10 § VI; Ord. No. 97-11 § VI]
Any person, organization, club, company or squad convicted of a violation of any of the provisions of this chapter shall suffer a penalty of:
a. 
If a person, not more than 90 days' imprisonment or a fine of not more than $500, or both fine and imprisonment, at the discretion of the Judge before whom such conviction is had, or
b. 
If an organization, club, company or squad, a fine of not more than $500, at the discretion of the Judge before whom the conviction is had.
[Ord. No. 95-10 § VII; Ord. No. 97-11 § VII]
Bingo and/or raffle licenses may be issued to organizations designated in Subsection 4-11.2 of this chapter for the conduct of bingo and/or raffles, under any bingo and/or raffle licenses issued pursuant to N.J.S.A. 5:8-24 et seq. and 5:8-50 et seq. to be conducted on the first day of the week commonly known and designated as "Sunday."
[1]
Editor's Note: Former Subsection 4-11.8, Bingo Permitted on Sunday, previously codified herein and containing portions of Ordinance No. 95-10, was repealed in its entirety by Ordinance No. 97-11. See Subsection 4-11.7 for regulations concerning bingo permitted on Sunday.
[Ord. No. 2006-09 § 1]
This section may be cited as the "Health Clubs Ordinance of the Township of Fairfield."
[Ord. No. 2006-9 § 1]
As used in this section, the following terms shall have the meanings indicated:
BOARD
Shall mean the Board of Health of the Township of Fairfield.
HEALTH CLUB
Shall mean any premises, either open to the general public or to members only, that provides exercise programs, exercise equipment, swimming pools, saunas, etc., for the purpose of promoting physical fitness.
HEALTH OFFICER
Shall mean the Health Officer of the Township of Fairfield, as appointed by the Board, and his designated agents, officers and inspectors.
LICENSE
Shall mean a certificate issued by the Health Officer to a proprietor under the provisions hereof.
PROPRIETOR
Shall mean any legal entity which owns a health club.
[Ord. No. 2006-09 § 1]
a. 
No proprietor shall operate a health club in the Township of Fairfield unless such proprietor has registered the health club with the Board and has received a license from the Health Officer.
b. 
A person purchasing a health club after the effective date of this section[1] shall apply for a new license no later than 10 days prior to commencing operation under new ownership. Operators of licensed health clubs are required to notify the Board of Health of the impending sale of the health club no later than 30 days prior to the sale.
[1]
Editor's Note: Ordinance No. 2006-09, codified herein, was adopted April 10, 2006.
[Ord. No. 2006-09 § 1]
a. 
No license shall be issued or renewed unless the following requirements are met to the satisfaction of the Health Officer:
1. 
The proprietor has made application thereof on forms approved by the Board and has paid the required fee.
2. 
The proprietor has submitted interior design and floor plans for the health club, and such design and floor plans have been approved.
3. 
The health club has been inspected and found to be in compliance with the requirements of this section.
4. 
A telephone posted with the emergency number "911" and the Health Officer's number is made easily accessible for both patrons and employees for emergency use.
b. 
No license shall be issued or renewed unless the health club meets with the following additional requirements:
1. 
The health club shall be constructed so as to prevent the contamination by dust and dirt from the street or sidewalk and other pedestrian traffic.
2. 
The building and equipment shall be maintained in a state of good repair, neat, clean, sanitary and free from litter and rubbish.
3. 
All walls, ceilings and floors shall be made of smooth, nonporous materials, easily cleaned, free from dust and debris and of a permanent, nonmovable nature.
4. 
Adequate lighting and ventilation shall be provided.
5. 
Equipment shall be made of material that is smooth, nonabsorbent, corrosive-resistant and easily sanitized. Equipment shall be maintained in good repair, and shall not constitute a potential injury hazard.
6. 
Proper closed and locked cabinets for the exclusive storage of patron belongings shall be provided. Such cabinets shall be maintained in good repair.
7. 
Adequate and sanitary toilet and hand-washing facilities shall be available in the health club establishment for the use of patrons and employees.
8. 
The health club establishment shall have proper facilities for the disposal of waste materials. These facilities shall not constitute a nuisance.
[Ord. No. 2006-09 § 1]
a. 
At all times, the proprietor and all other employees of the health club establishment shall comply with the provisions of this section and with all other applicable ordinances and codes of the Township of Fairfield, and with all applicable laws, statutes and regulations of the State of New Jersey and of the United States.
b. 
At all times during normal business hours, all areas of the health club shall be accessible for inspection by the Board, its members, the Health Officer or his representatives.
c. 
At all times, all areas of the health club shall be maintained in a sanitary condition, and all equipment and materials shall be kept neat, clean and orderly.
d. 
When not in use, all equipment, accessories and other paraphernalia shall be kept in an orderly fashion in designated areas.
e. 
At all times, the floors, walls and ceilings of the health club shall be kept neat, clean and free of debris. Prior to the opening of the health club for business each day, floors and walls shall be swept, vacuumed, wet mopped or wiped, and no sweeping, vacuuming or mopping shall be done while any health club activity is in progress.
f. 
All equipment in the health club shall be cleaned and sanitized daily.
g. 
Showers, sinks and toilet facilities, where available, shall be cleaned and sanitized daily or more frequently, if needed.
h. 
All garbage receptacles shall be maintained in a clean condition, and shall be emptied daily, or more frequently, if needed.
i. 
Each room where exercise equipment is located shall be provided with a disinfectant spray and disposable towels, as well as receptacles for such towels. The proprietor shall post a sign at each of these cleaning equipment locations, notifying patrons of its availability and intended use.
j. 
All towels and other linens provided to consumers shall be properly laundered and sanitized in an approved manner between each use. Soiled towels and linens shall be stored in a durable, washable and lidded container until removal for laundering.
[Ord. No. 2006-09 § 1]
Swimming pools and spas shall conform to municipal ordinances, State statutes, and Chapter 9 of the State Sanitary Code, entitled "Public Recreational Bathing" (N.J.A.C. 8:26).
[Ord. No. 2006-09 § 1]
All sewage disposal shall be in accordance with the provisions of the Standards for the Construction of Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9) and the New Jersey Water Pollution Control Act Regulations (N.J.A.C. 7:14), promulgated by the Department of Environmental Protection, and any other applicable rules and regulations.
[Ord. No. 2006-09 § 1]
a. 
Rules applicable to food service, milk and water supply include:
1. 
All food service and milk supply shall comply with Chapter 12 of the State Sanitary Code, (N.J.A.C. 8:21-2 and N.J.S.A. 26:1A-9).
2. 
The water supply shall comply with the provisions of the New Jersey Safe Drinking Water Act, (N.J.S.A. 58:12A-1 et seq.).
b. 
Drinking fountains, if provided, shall be constructed of impervious material and have an angle jet with a nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design, without corners, and the bowl opening shall be equipped with a strainer. Waste water from the bowl shall be discharged to a suitable drain by means of a pipe with a suitable air gap.
[Ord. No. 2006-09 § 1]
Tanning facilities shall conform to the requirements of § 4-10 et seq. and any other applicable municipal ordinances, State statutes and Administrative Codes.
[Ord. No. 2006-09 § 1]
The application fee for a license, new or renewal, shall be $150 each for a one-year period beginning January 1 and ending December 31. License application fees are nonrefundable. All licenses shall expire on December 31 of the year of issue. All applications for the renewal of licenses and the required fees must be received by the Health Officer no later than December 31 of the year in which the current license shall expire.
[Ord. No. 2006-09 § 1]
The Health Officer shall provide the holder of the license with written notice of any violations of the provisions of this section. The notice shall specify the violations found, the required remedial action, and a reasonable time period to correct or abate such violations. If the violations are not corrected or abated within the time set forth in the notice, the license may be suspended or revoked after an opportunity has been afforded to the license holder for a hearing before the Board pursuant to Subsection 4-12.13.
[Ord. No. 2006-09 § 1]
a. 
No variation from any of the provisions of this Chapter shall be permitted except as elsewhere provided herein.
b. 
Subsection 4-12.4a2 shall not apply to those health clubs that were constructed prior to the effective date of this section[1]. Any alterations of any health club shall be made in accordance with the applicable provisions of these rules, and at the discretion of the Health Officer, acting on behalf of the Board.
[1]
Editor's Note: Ordinance No. 2006-09, codified herein, was adopted April 10, 2006.
[Ord. No. 2006-09 § 1]
Any person aggrieved by any administrative decision of the Health Officer pursuant to this section, including the denial of a license, the refusal to renew a license, or the suspension of a license, shall have an absolute right to appeal such decision to the Board at its next regularly scheduled meeting. For such appeal, the Health Officer or his designee shall present evidence supporting the decision made by the Health Officer, and the aggrieved party shall present evidence opposing the decision of the Health Officer. After hearing all the evidence presented to it, the Board, by a majority vote, shall then affirm, reverse or modify the decision of the Health Officer. On all appeals, the decision of the Board shall be final.
[Ord. No. 2006-09 § 1]
a. 
Whenever additional inspections are necessitated by reason of classification of a health club as unsatisfactory (beyond one initial inspection), the license holder shall reimburse the Board for the cost of each such inspections in the amount of the original license fee applicable to the premises.
b. 
For any violation of any provision of this section, the following shall apply:
1. 
For any violation of any provision of this section, the Health Officer or his designee or any other law enforcement officer shall issue a summons and complaint, in usual form, returnable in the Municipal Court of the Township of Fairfield or such other court as may be permitted by law.
2. 
Upon conviction, any person who violates any provision of this section shall be subject to a fine of not less than $50 nor more than $1,000 for the first offense, and a fine of not less than $50 nor more than $1,000 and imprisonment for 90 days for the second and subsequent offenses, or the maximum penalties otherwise permitted by law.
3. 
In addition to any other penalties imposed, upon conviction, any person who violates any provision of this section may have its license suspended.
c. 
Each day (consisting of a twenty-four-hour period beginning at 12:01 a.m.) during which a continuing violation of this section subsists shall constitute a separate violation and shall incur the penalties set forth herein.
[Ord. No. 2005-10 § 1]
A sale of household goods, wares and merchandise, not purchased for purposes of resale, commonly known as a garage sale, lawn sale or attic sale, may be permitted in any district, upon obtaining a permit from the Municipal Clerk, which permit shall be valid for not more than three consecutive days. Unless such sale is held within 60 days of the date of the permit, the permit shall expire by time limitation. Each property location applied for may be the site of such a sale not more than twice each calendar year. There shall be no fee for said permit.
[Ord. No. 2005-10 § 1]
Signs advertising such sales may be no more than two feet by two feet in size, may not be of a neon color or be illuminated, and may not be placed on utility poles or other poles. All signs advertising a garage sale must be removed within 24 hours after the conclusion of the sale. Signs advertising such sales must in all other manner comply with all existing Township ordinances regarding the placement and posting of signs.
[Ord. No. 2005-10 § 1]
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
[Ord. No. 2005-10 § 1]
Any person who shall violate any of the terms or provisions of this chapter shall, upon conviction thereof, pay a fine no greater than $100 per day for the first offense, no greater than $250 per day for the second offense, up to a maximum fine of $1,250 for each subsequent offense thereafter.
[Ord. No. 95-15 § 1; Ord. No. 96-07 § 1]
As used in this section:
PERSON
Shall mean any individual, corporation, partnership, association or other entity.
TEMPORARY OR TRANSIENT BUSINESS
Shall mean any business conducted for the sale or offer for sale of goods, wares or merchandise, which is carried on in any building, structure, motor vehicle, railroad car or real estate, for a period of less than three months in each year.
TRANSIENT MERCHANT
Shall mean any person, firm, corporation, partnership or other entity which engages in, does or transacts any temporary or transient business in the Township, either in one locality or by traveling from place to place in the Township, offering for sale or selling goods, wares, merchandise or services, and includes those merchants who, for the purpose of carrying on such business, hire, lease, use or occupy any building, structure, motor vehicle, railroad car or real estate. "Transient merchant" shall also include any person who, as a private enterprise, schedules, organizes or promotes any entertainment, concerts, athletic events, contests or competitions or beauty pageants to be held on a non-regular basis and which require the payment of a fee for entry or admission, wherein such event is to take place within the confines of the Township; provided, however, that no such person shall be classified as a "transient merchant" if he is sponsored by any bona fide civic, fraternal, educational or religious organization having a local chapter in the Township.
[Ord. No. 95-15 § 2; Ord. No. 96-07 § 2]
a. 
The provisions of this section shall not apply to:
1. 
Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business.
2. 
Wholesale trade shows and/or conventions.
3. 
Sales of goods, wares or merchandise by sample catalogue or brochure for future delivery.
4. 
The retail sale of ice cream and/or flavored water ice by motor vehicle during the summer months.
5. 
Any general sale, fair, auction or bazaar sponsored by any civic, fraternal, educational or religious organization.
6. 
Garage sales held on the premises devoted to residential use.
7. 
Sales of crafts or items by hand and sold or offered for sale by the person making such crafts or handmade items.
8. 
Any new-home construction contractor, residential developer, master plumber or electrical contractor who is licensed or regulated by any State, County or municipal agency, division, department or professional board and any contractor of home improvements as defined in N.J.A.C. 13:45A-16.1, who, in the normal course of business, advertises or performs his services in the Township of Fairfield, provided that any such tradesman complies with all State, County and municipal regulations enforceable by the Township Construction Official.
9. 
The sale of produce, flowers or other agriculture products from buildings or from roadside stands where the premises in question are owned by the farmer, it being the express intention of this section that nothing herein shall prohibit the sale of agriculture products on land owned by the farmer unless prohibited by the Township Zoning Ordinance.
b. 
A transient merchant not otherwise exempted from the provisions of this section shall not be relieved or exempted from the provisions of this section by reason of associating himself temporarily with any local dealer, auctioneer, trader, contractor or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor or merchant.
[Ord. No. 95-15 § 3; Ord. No. 96-07 § 3]
a. 
It shall be unlawful for any transient merchant to transact business within the confines of the Township unless such merchant and the owners of any goods, wares or merchandise to be offered for sale or sold, if such are not owned by the merchant, shall have first secured a license and shall have otherwise complied with the requirements of this section.
b. 
Any person or entity that transacts a transient business as defined herein without having first obtained a license in accordance with the provisions of this section or who knowingly advertises, offers for sale or sells any goods, wares, merchandise or services in violation of the provisions of this section shall be a disorderly person. The penalties prescribed herein shall be in addition to any other penalties prescribed by law for any crime committed by the licensee.
[Ord. No. 95-15 § 4; Ord. No. 96-07 § 4]
Any transient merchant desiring to transact business within the confines of the Township shall make application for and obtain a license therefor. The application for license shall be filed with the Township Clerk and shall include the following information:
a. 
The name and permanent address of the transient merchant making the application and, if the applicant is a firm or corporation, the name and business and home addresses of the members of the firm or the officers of the corporation, as the case may be.
b. 
If the applicant is a corporation, there shall be stated on the application form the date of incorporation, the state of incorporation and, if the applicant is a corporation formed in a state other than the State of New Jersey, the date on which such corporation qualified to transact business as a foreign corporation in the State of New Jersey.
c. 
A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business and the location or locations of such proposed place of business.
d. 
The name and permanent address of the transient merchant's registered agent or office.
e. 
Proof that the applicant has acquired all other required Township, County and State permits and licenses, including those for the collection of sales taxes.
f. 
Proof that the applicant has obtained the consent of the owner of the premises upon which the transient business shall take place.
g. 
The number of convictions for misdemeanors or crimes and the nature of the offenses for which convicted.
[Ord. No. 95-15 § 5; Ord. No. 96-07 § 5]
a. 
Each registered agent designated by a transient merchant in the application for a license shall be a resident of the State of New Jersey and shall be agent of the transient merchant upon whom any process, notice or demand required or permitted by law to be served upon the transient merchant may be served. The registered agent shall agree, in writing, to act as such agent, and a copy of the agreement to so act shall be filed by the applicant with the application for a license.
b. 
The Township Clerk shall maintain an alphabetical list of all transient merchants in the Township and the names and addresses of their registered agents.
c. 
If any transient merchant doing business or having done business in the Township shall fail to have or maintain a registered agent in the State of New Jersey or if such registered agent can not be found at his permanent address, the Township Clerk shall be an agent of such transient merchant for service of all process, notices or demands. Service on the Township Clerk shall be made by delivering to and leaving with him or any person designated by the Clerk to receive such service duplicate copies of the process, notice or demand. When any such process, notice or demand is served on the Clerk, he shall immediately cause one copy thereof to be forwarded by certified mail to the permanent address of the transient merchant. The provisions of this section shall not limit or otherwise affect the right of any person to serve any process, notice or demand in any other manner now or hereafter authorized by law.
[Ord. No. 95-15 § 6; Ord. No. 96-07 § 6]
Each application for a transient merchant license shall be accompanied by a license fee hereby set as follows:
1 day license
$50
3 day license
$75
30 day license
$150
90 day license
$250
[Ord. No. 95-15 § 8; Ord. No. 96-07 § 7]
A transient business license shall be issued hereunder by the Clerk of the Township of Fairfield and only when all requirements of the chapter have been met. Such license shall not be transferable, shall be valid only within the territorial limits of the Township of Fairfield, shall be valid only for the period of time set forth thereon and shall be valid only for the business stated in the application. A license so issued shall be valid for only one person unless such person shall be a member of a partnership or employee of a firm or corporation obtaining such license. The Township of Fairfield may, in its sole discretion, deny the issuance of a transient business license if it determines that the issuance of the license will be inimicable to the health, safety and welfare of the people of Fairfield Township or any of them.
[Ord. No. 95-15 § 9; Ord. No. 96-07 § 8]
The Mayor and Council may revoke any license issued hereunder at any time if it finds that the conduct of the license or the continued existence of the license is inimicable to the health, safety and/or welfare of the people of the Township or any of them. In such event, the licensee shall be entitled to a hearing before the Mayor and Council within 30 days from the date of revocation. The licensee shall be entitled to appear with an attorney at the hearing and to present witnesses and other proofs tending to show that continuance of his license is not inimicable to the health, safety and/or welfare of the people of the Township or any of them.
[Ord. No. 95-15 § 10; Ord. No. 96-07 § 9]
It is the duty of the Township Police Department and the Township Construction Official to enforce the provisions of this section.
[Ord. No. 95-15 § 11; Ord. No. 96-07 § 10]
a. 
Any person who violates this section shall be subject to penalty as follows:
1. 
First offense; a fine of not more than $1,000 or 90 days in jail or a period of community service not to exceed 90 days.
2. 
Second offense; a fine of not less than $150 nor more than $1,000 or 90 days in jail or a period of community service not to exceed 90 days.
3. 
Third and subsequent offenses; a fine of not less than $300 nor more than $1,000 or 90 days in jail or a period of community service not to exceed 90 days.
b. 
Each day on which a violation occurs shall be deemed to constitute a distinct and separate violation of this section.
[Ord. No. 95-15 § 12; Ord. No. 96-07 § 11]
The Township Clerk shall, monthly, file a report with the Mayor and Council, showing the number of licenses granted by and the amounts of fees received therefor. Each report shall state the number of licenses suspended or revoked and the reasons for such suspension or revocation. The monthly report shall be cumulative during the course of the year so that each report summarizes the action of all preceding months of the current year.
[Ord. No. 95-15 § 13; Ord. No. 96-07 § 12]
Every person holding a license under this section shall carry the license with him or at his business premises while engaged in the business licensed. He shall produce the license at the request of any official of the Township.
[Ord. No. 96-02 § 1]
The purpose of this section is to serve in the prevention of the sale of cigarettes to minors as prohibited by N.J.S.A. 2A:170-51. It has been recognized that minors continue to purchase and use tobacco products from both retail over-the-counter sales and from automatic cigarette vending machines. Therefore, a substantial and legitimate public purpose exists for the Township to act in the interests of and in the promotion and protection of the health, safety and welfare of its inhabitants, especially minors, by prohibiting the accessibility of tobacco products to minors.
[Ord. No. 96-02 § 2]
It shall be unlawful for any person or entity, that operates any location within the Township where sales of tobacco products are made, to offer for sale or to sell any tobacco product through a vending machine except where the operation of the machine is possible only by the activation of an electronic switch or other device, which is controlled by the tobacco retailer or his designated adult employee, and only after the tobacco retailer or his adult employee has made reasonable determination that the patron wishing to use the tobacco vending machine is 18 years of age or older. In addition, all cigarette vending machines shall be under the visual supervision of the tobacco retailer and/or their adult employee, so that purchases from the machine are readily observable by the retailer or his or her adult employee.
[Ord. No. 96-02 § 3]
a. 
Provisions. No cigarette vending machine shall be placed on any premises, public or private, within the Township unless the owner or lessee of such a machine provides in writing and on a yearly basis, to the Township for each individual cigarette vending machine:
1. 
The name of the owner;
2. 
The name of the lessee (if any);
3. 
The address of the premises where the machine will be located;
4. 
The location within the premises where the machine will be placed;
5. 
The serial number of the machine;
6. 
Certification that operation of the machine is possible only by the activation of an electronic switch or other device which shall be controlled only by the tobacco retailer or their designated adult employee and that the machine shall be under the visual supervision of the tobacco retailer or their designated adult employee; and
b. 
Permit Fee. Provided that payment of a $100 per year permit fee shall be paid to the Township for each such machine.
c. 
Issuance of Permit. Upon compliance with the provisions of this subsection, a permit for the machine shall be issued by the Municipal Clerk.
d. 
Term of Permit. The permit shall be valid for a period of one year from the date of issuance.
[Ord. No. 96-02 § 4]
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable or permit another person to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine, at any location within the Township.
[Ord. No. 96-02 § 5]
A tobacco vending machine, which is not permitted under this section may be seized, forfeited and disposed of in the same manner as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. Any machine so seized shall be returned to its owner upon payment of the reasonable costs incurred in connection with seizure, together with any and all fines imposed by the Municipal Court.
[Ord. No. 96-02 § 6]
The Health Officer or his designee, or any other person charged with enforcement of this section, after giving proper identification, may inspect any matter, thing, premises or place as may be necessary for the proper enforcement hereof. It shall be unlawful for any person to oppose or otherwise obstruct a Health Officer, or his or her designee, in the performance of duties hereunder, and he or she may request the assistance of a law enforcement agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
[Ord. No. 96-02 § 7; New]
Any person, firm or corporation who violates any provision of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 but not less than $100 minimum.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance. No. 98-06.
[Ord. No. 99-06 § 1; Ord. No. 2013-05 § 1]
ABSORBENT
Shall mean a granulated or powder substance used to soak up fluids commonly found in the operation of motor vehicles. A bag or container of absorbent will be defined as weighing 50 lbs.
ADMINISTRATIVE CHARGES
Shall mean charge for post accident services including but not limited to services such as physical inspection, telephone and/or fax calls, removal of personal items and additional paperwork.
BASIC ENVIRONMENTAL CLEAN-UP
Shall mean the clean-up and removal of small quantities of fluids that are associated with the operation of a motor vehicle which leak onto the ground.
BASIC TOWING SERVICE
Shall mean the towing of a vehicle or the removal and transportation of a vehicle from a highway, street, or other public or private land.
CHIEF OF POLICE
Shall mean the highest ranking sworn officer within the Fairfield Police Department. Duties listed herein can be delegated to a designee approved by the Chief of Police.
CRUISING
Shall mean the operation of a tow truck upon a roadway within the Township of Fairfield to solicit vehicles towing and other related towing services except in response to a Police request.
DISABLED VEHICLE
Shall mean a motor vehicle which has been abandoned or rendered inoperable by mechanical failure or accident. Any motor vehicle, operable or inoperable, which constitutes a hazard to the motoring public by its location shall be deemed disabled for the purposes of this section.
EMERGENCY ROAD REPAIR SERVICE
Shall mean repairs which can be performed at the scene of a tow, including, but not limited to, flat tire changing, jump starting and gasoline deliveries.
EXAMINATION AREA
Shall mean an unobstructed flat paved 25 feet by 15 feet area where a vehicle can be placed when needed for inspection by the Police. Examination area must be outlined by painted markings on the pavement.
FAIRFIELD TOWNSHIP STORAGE FACILITY
Shall mean the Fairfield Township Public Works Garage located at 230 Fairfield Road, Fairfield.
HEAVY DUTY WRECKER
Shall mean a tow truck with dual rear wheels and air brakes capable of towing and wheel lifting large vehicles and shall meet the following minimum requirements:
GVW - 30,000 lbs.
GCWR - 80,000 lbs.
Boom and winch rating - 50,000 lbs.
Cable size - 5/8 inch
Cable length - 200 feet
Wheel lift retracted rating - 25,000 lbs.
Wheel lift extended rating - 12,000 lbs.
IMPOUNDMENT
Shall mean the act of storing and confining a motor vehicle upon an order of the Police Department at either the towing operator's storage area or at a Township facility as a result of abandonment, involvement in an accident, suspected criminal activity and any violation of the New Jersey Motor Vehicle Title 39 Statutes in which the Police may act upon.
a. 
Inside storage must have one or more openings or storage bins in the walls for the storage of motor vehicles, which is to be secured by a locking device on each bin or opening.
b. 
Inside storage shall have a minimum of 900 square feet.
c. 
No more than one license can be issued to a facility.
d. 
Licensee must dedicate the minimum square footage required by this section solely for cars towed in the Township and may not use this space for licensee's other clients.
LICENSED WRECKER
Shall mean any wrecker licensed pursuant to the provisions of this section.
LICENSEE
Shall mean any person, firm, partnership, association, corporation, company, or organization of any kind that is in contact with the Township, pursuant to this section, to provide wrecker/towing services to the Township.
LIGHT DUTY WRECKER
Shall mean a tow truck with dual rear wheels capable of towing or wheel lifting vehicles and shall meet the following minimum standards:
GVW - 14,000 lbs.
Boom rating - 8,000 lbs.
Winch rating - 8,000 lbs.
Cable size - 3/8 inch
Cable length - 100 feet
Wheel lift retracted rating - 6,000 lbs.
Extended rating - 3,000 lbs.
LOADED MILE
Shall mean distance in miles that a tow vehicle travels while towing a vehicle.
MEDIUM DUTY FLAT BED
Shall mean a vehicle carrier equipped with a wheel lift and roll back/tilt bed with dual wheels capable of removing and transporting small trucks, full size vans or large passenger cars damage-free and shall meet the following minimum requirements:
GVW - 18,000 lbs.
Winch rating - 8,000 lbs.
Cable size - 3/8 inch
Bed length - 19 feet
Bed width - 7 feet (inside side rails)
Wheel lift retracted rating - 6,000 lbs.
Wheel lift extended - 3,000 lbs.
MEDIUM DUTY WRECKER
Shall mean a tow truck with dual rear wheels capable of towing and wheel lifting small trucks and shall meet the following minimum requirements:
GVW - 18,000 lbs.
Boom rating - 16,000 lbs.
Winch rating - 16,000 lbs.
Cable size - 1/2 inch
Cable length - 200 feet
Wheel lift retracted rating - 10,500 lbs.
Extended rating - 8,500 lbs.
ORDINARY CARE
Shall mean care that is normally given to protect a motor vehicle from further damage including but not limited to usage of tarps for environmental protection and security protection for storage areas.
OUTSIDE SECURED STORAGE FACILITY
Shall mean a motor vehicle storage facility that is not completely indoors and must meet the following minimum standards:
a. 
The outside secured storage facility must be a minimum of 12,000 square feet in area. However, if outside secured storage facility does not meet this minimum square footage requirement, licensee may supplement this requirement by utilizing its inside building storage facility to make up the difference. This exception may not be used if it reduces below the inside building storage facility minimum square footage requirement of 900 square feet.
b. 
No more than one license can be issued to a facility.
c. 
Licensee must dedicate the minimum square footage required by this section solely for cars towed in the Township and may not use this space for licensee's other clients.
OWNER
Shall mean a person, firm, corporation or partnership who owns and/or operates a motor vehicle on the roads and highways within the Township of Fairfield.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
POLICE
Shall mean the Township of Fairfield Police Department.
PRINCIPAL LOCATION
Shall mean the business office of the licensee where the licensee shall conduct business associated with the towing and storage of vehicles under the authority of the towing license issued by the Township of Fairfield. Principal location must be staffed during business hours and shall maintain a clean, comfortable waiting area with toilet facilities and an accessible pay phone.
RECOVERY
Recovery can be achieved by several actions that may include but are not limited to winching and rigging. A recovery is when the tow operator applies his knowledge in a skillful manner to preserve the condition of the motor vehicle while moving the vehicle to a towable position.
STORAGE DAY
Shall mean any part of a twenty-four-hour day with a new day beginning at midnight.
STORAGE SERVICES
Shall mean the storage housing or holding of vehicles indoors or outdoors by a licensee under authority of this section.
TOWING OPERATOR
Shall mean a person, firm, corporation or partnership engaged in the business of providing towing, road service and storage services for motor vehicles that is licensed by the Township of Fairfield.
UNCLAIMED VEHICLE
Shall mean any vehicle towed by a licensed tower under this section that is left unclaimed for a period of two weeks or more.
VEHICLE
Shall mean every device in, upon or by which a person or property is or may be transported upon a highway except devices moved by human power.
VEHICLE REMOVAL CHARGE
Shall mean charge for a motor vehicle towed into the storage facility of the licensed tower that is not movable and must be towed from the licensed tower's storage facility to a public street for towing by the secondary tower.
WAITING TIME
Shall mean additional time a tow operator spends at the scene other than the time required for the actual tow and/or recovery. Examples of waiting time may include but are not limited to EMS services which must be performed and/or police investigations.
WINCHING
Shall mean the process of moving a motor vehicle by the use of a cable from a position that is not accessible for direct hook up by conventional means for loading onto a tow vehicle. Winching is not pulling a vehicle onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional tow sling.
WRECKER/TOW TRUCK
Shall mean a vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying, recovering or removing any and all kinds of motor vehicles, which are unable to be and actually are not operated under their own power from the place where they are disabled to some other place, or any vehicle(s) which the Police Department has ordered to be impounded. Tow vehicle must be manufactured by a tow truck manufacturer that is nationally recognized by the towing industry.
[Ord. No. 99-06 § 2]
a. 
Any person having the appropriate equipment and available space at a garage who desires to engage in municipal towing at Police request, as delineated in this section, must first apply for a license according to the terms and conditions of this section. Such persons shall be known as "licensees" and shall serve as such pursuant to the provisions listed under this section.
b. 
Nothing herein shall be construed to prevent the licensee from operating, or having an ownership interest in a body shop, repair facility, salvage yard.
[Ord. No. 99-06 § 3]
Licensees shall furnish towing, storage and emergency road repair services in conjunction with this section, to motor vehicles within the limits of the Township of Fairfield when requested to do so by the Fairfield Police Department.
[Ord. No. 99-06 § 4]
All applications for a towing license must provide the following:
a. 
The complete legal business name, business address and principal location address.
b. 
The complete home address, home telephone number, date of birth, and social security number of the applicant, if a sole proprietorship or the complete home addresses, home telephone numbers, dates of birth, and social security numbers of principal officers and partners if the licensee is a corporation or partnership.
c. 
Photocopies of all registrations of every tow vehicle to be operated by applicant. If the tow vehicle is leased the applicant is required to submit a lease agreement.
d. 
Names, addresses and telephone numbers of any lien holders on the principal location.
e. 
Name, address and telephone number of the insurer and photocopies of each certificate of insurance required.
f. 
Photocopies of all towing vehicle operators' current driver's licenses, along with their social security numbers.
g. 
Evidence to demonstrate that the applicant applying for this license has at least three years' experience in the field of towing and storing of vehicles.
h. 
Proof that the applicant has a principal location within five miles of the Township of Fairfield Municipal Complex, 230 Fairfield Road, Fairfield, NJ. Mileage will be calculated by shortest roadway travel route.
i. 
Proof that the applicant's principal location meets all zoning requirements applicable to the jurisdiction where it is located.
j. 
Proof that the applicant can ensure a 10 minute response time on all calls with exceptions of heavy or unusual traffic conditions.
k. 
The applicant shall provide an affidavit that the information given in application is true and correct.
l. 
The applicant shall provide an agreement that upon issuance of a license the licensee shall indemnify the Township of Fairfield against all claims of a third party relating to the towing and/or storage service of the licensee.
m. 
Application will be processed according to order received in which they were filed with the Township Clerk.
[Ord. No. 99-06 § 5]
All initial applications shall be accompanied by a nonrefundable fee of $400 payable to the Township of Fairfield. A renewal application shall be accompanied by a nonrefundable application fee of $200 payable to the Township of Fairfield. The application fees are in addition to any fee for criminal history check set forth in Subsection 4-18.6 as well as any other fees required by this section. Said fees do not include the license fees as set forth in Subsection 4-18.8.
[Ord. No. 99-06 § 6]
a. 
Applications received by the Township Clerk shall be referred to the Chief of Police within two business days of receipt. The Chief of Police shall initiate an investigation to be made of the applicant and of its proposed business operation and shall perform inspections of the vehicles to be licensed.
b. 
As part of the Chief of Police's investigation of the license application a criminal history check and drivers abstract will be performed on all persons listed in application.
c. 
The Township of Fairfield recognizes that the licensee must be trustworthy in that it is safeguarding vehicles belonging to others. Therefore, to protect the public interest, the Township may disqualify any applicant wherein an employee, owner, principal, agent, etc. that has been convicted of a crime or violation under this section which crime or violation would indicate that the applicant may not be responsible to perform in the best interest of others.
d. 
The Township of Fairfield recognizes that tow truck operators must also be drivers who abide by this State's motor vehicle laws. Accordingly, any tow truck operator having one or more convictions, within three years of the date of the filing of licensee's application, or renewal thereof, for a moving violation of the motor vehicle laws of this State, which the Township Chief of Police determines will negatively impact upon the ability of the tow truck operator to safely and properly operate a motor vehicle will be disqualified from operating any of the applicant's motor vehicles while performing services listed in this section. If the applicant is already licensed and upon a conviction for any moving motor vehicle violation which the Township Chief of Police determines will negatively impact upon the ability of the tow truck operator to safely and properly operate a motor vehicle, a tow truck operator will be immediately disqualified from operating any of the licensee's motor vehicles while performing duties associated with this section.
e. 
The Chief of Police shall have 60 days after the receipt of the completed application to complete the investigation and inspection and to submit a written report to the Fairfield Township Clerk. The report shall include recommendations that the applicant be accepted, denied or accepted with provisions.
f. 
The licensee shall notify the Police Department in writing of any criminal charges, motor vehicle offenses and ordinance violations that are issued against the licensee or its employees during the term of the license. Failure to make the proper notification to the Police Department may result in the revocation of the license.
[Ord. No. 99-06 § 7]
The following requirements must be met before any tower may be licensed:
a. 
That the public convenience and necessity will be served by the use of the vehicle(s) for which the application has been made;
b. 
That the insurance policies as required herein have been procured;
c. 
That the applicant and proposed operators are fit persons to operate the wrecker and conduct a wrecker service in the Township;
d. 
That all requirements of this section and all other governing laws, statutes and ordinances have been met;
e. 
That the wrecker(s) have been properly licensed and inspected by the State of New Jersey having the necessary stickers affixed, and meet the required minimum standards as set forth by this section;
f. 
That the applicant demonstrates to the Police Department that the applicant will be able to ensure a 10 minute response time for each call, heavy or unusual traffic conditions excepted.
[Ord. No. 99-06 § 8; Ord. No. 2008-04 § 1; Ord. No. 2013-05 § 2]
a. 
Upon written notification by the Chief of Police that an application has been approved, the Township Mayor and Council shall at a public meeting by resolution consider the issuance of a license.
b. 
In addition to any application or renewal application fees, the yearly license fee shall be $300 payable to the Township of Fairfield.
c. 
Upon approval by the Mayor and Council, the Municipal Clerk of the Township of Fairfield shall issue a license to the licensee under this section as well as individual stickers for each wrecker that has been inspected and approved by the Chief of Police to be operated during the term of the license.
d. 
All towing licenses will be issued for a period of one-year to begin January 1st of each year and expire on December 31st. Applications for license and license renewal are to be completed and returned to the Township Clerk by September 1st of each year for a license for the following calendar year. Licenses or renewals filed after September 1st will not be accepted for the calendar year 1999, applications will be accepted until May 1, 1999.
e. 
Licenses are the property of the Township of Fairfield and cannot be assigned, leased, shared, transferred or sold to another person, corporation or proprietorship under any circumstances.
f. 
After the issuance of the license, the licensee may during the term of the license advertise and place on his equipment that he is an authorized Police tower for the Township of Fairfield.
g. 
Upon issuance of the license the licensee shall pay to the Township of Fairfield a fee of $20 for each vehicle towed under this section. Said fee is for administrative costs incurred by the Fairfield Police Department in obtaining valid New Jersey Motor Vehicle Titles (N.J.S.A. 39:10A-1 et seq.) and conducting periodic public auctions for all motor vehicles towed under this section that are deemed abandoned in the licensee's storage areas. Licensee shall pay the towing fee on a monthly basis to the Fairfield Municipal Clerk with payment due on the 15th of every month. Licensee may not add the cost of the administrative fee to the tow invoice for reimbursement. If the payment is not made on a timely basis the license may be suspended or terminated.
h. 
(Reserved)
i. 
The Township of Fairfield may issue a temporary towing license in the event that any emergent situation arises for the purpose of adding additional towers replacing a current license, for reasons of revocation or closing of the business. Temporary licenses may be issued immediately but the applicant must submit an application within two business days after the issuance. A temporary towing license shall be valid for a period of 60 days. The Mayor and Council may at their discretion extend the temporary license for a period not to exceed 60 days. The Chief of Police shall investigate to ensure that the temporary licensee meets the requirements as set forth in subsections 4-18.6 and 4-18.7 of this section. The Chief of Police shall have 30 days to complete his investigation and forward a copy to the Township Clerk. Temporary licensee cannot advertise or display his business as a Township of Fairfield Police tower unless a yearly license is issued. The nonrefundable fee for a temporary license shall be $100.
[Ord. No. 99-06 § 9]
Each wrecker must meet all of the requirements of N.J.S.A. Title 39, "Motor Vehicle Rules and Regulations."
a. 
A licensee when filing an application, and at all times while holding a license under this section, shall own or lease for use in performing the services required by the license the following items of equipment:
1. 
Four wreckers (one must be a medium duty wrecker and one must be a heavy duty wrecker);
2. 
Two medium duty flatbeds.
b. 
The following safety equipment shall be carried on all towing trucks:
1. 
Chains and tie-downs to secure vehicle.
2. 
Snatch block.
3. 
Auxiliary safety light kit to be placed on rear of towed vehicle that does not have functioning tail light flashers.
4. 
Rotating amber emergency lights mounted on top of truck (State issued permit required and must be in truck).
5. 
Two white work lights facing from rear of truck.
6. 
One shovel and broom.
7. 
Fifty pounds of absorbent.
8. 
Jumper cables or jump box.
9. 
Steering wheel tie-down.
10. 
Toolbox with assorted hand tools normally used to conduct emergency roadwork and towing.
11. 
One reflectorized traffic vest.
12. 
One five-pound A-B-C rated dry powder fire extinguisher.
13. 
One flashlight.
c. 
Tow Truck Lettering. All tow trucks operated by the licensee shall be permanently lettered on both sides in accordance with N.J.S.A. 39:4-46. All tow trucks licensed shall display a sticker on the driver's side rear back glass that will be issued to licensee by the Township.
d. 
Required Communications. Licensee must maintain a twenty-four-hour telephone service for the Police to contact the licensee personnel. The use of answering machines or the like is not permitted. Such personnel must have constant two way communication, radio or cellular, with the licensee's vehicles. Licensee shall maintain a FAX machine at his principal location and its service must be available 24 hours a day.
e. 
Storage Facilities.
1. 
All cars stored under this section shall be stored and protected with ordinary care to protect the vehicle from further damage. All vehicle storage shall be one level.
2. 
There shall be no unescorted access to the storage area by the general public. Storage areas shall be visibly posted in accordance with the Fairfield Police Department requirements.
3. 
The Township of Fairfield Police Department shall have access to any part of the storage area, 24 hours a day, seven days a week, for the purpose of inspection or investigation. Access, under this provision, means an emergency contact person must be available to the Fairfield Police Department to provide entry to the storage area.
4. 
No vehicles towed by the licensee under the authority of Township of Fairfield license shall be stored outside a secured area.
5. 
Licensee shall maintain the following hours for release of vehicles from storage - Monday through Friday 8:00 a.m. to 5:00 p.m. and Saturday 8:00 a.m. to 12:00 p.m. Licensee may close during any and all New Jersey State holidays. The licensee, or his designee, authorized to act on his/her behalf, must be available during normal business hours to handle complaints and business transactions.
6. 
The Township reserves the right during any emergency to designate temporary areas owned or leased by the Township for the storage of vehicles at the direction of the Chief of Police. During said emergency, the licensee shall not be entitled to charge the owners of the vehicles for storage of vehicles so removed to that storage area.
7. 
Licensee must provide an examination area for Police examination of vehicles placed in the licensee storage area. When requested by the Police the licensee will move within a reasonable amount of time any vehicle the Police request to be examined.
f. 
On the 15th day of each month, the licensee shall notify in writing to the Fairfield Police Department of all unclaimed vehicles that were towed under the Fairfield Township license. The Fairfield Police Department shall then initiate action as set forth in N.J.S.A. 39:10A-1. If a vehicle remains unsold or unclaimed after the requirements are met in N.J.S.A. 39:10A-1 then the Township of Fairfield Police will turn over to the licensee a valid junk/salvage title. The licensee may then dispose of the vehicle and retain any payment he receives to cover the towing and storage expenses he incurred. The Township of Fairfield will not be responsible for the balance of any outstanding fees incurred during the towing, storage and administrative actions associated with the unclaimed vehicle.
[Ord. No. 99-06 § 10]
a. 
The licensee shall be responsible for the towing of automobiles as described herein on a twenty-four-hour basis, seven days a week during the term of the license.
b. 
Towing for licensees will be on a weekly rotational basis. Licensee's work week will begin at 0000 hours on each Monday and continue to 2359 hours the following Sunday. The Chief of Police will set up and monitor the weekly rotation list.
c. 
The licensee shall respond within 10 minutes to all requests for towing service by the Township unless heavy or unusual traffic conditions within Township prevent the licensee from arriving within the allotted time. In that event, the licensee shall arrive in a reasonable time given allowance for said traffic conditions. Repeated late arrivals without satisfactory cause shall constitute grounds in which the Township, in its discretion, may consider the licensee in violation of this section.
d. 
Licensee shall assist the Police in conducting a vehicle inventory for every vehicle impounded under this section. Impound tow inventory forms will be completed by the Police before the vehicle enters a storage area.
e. 
The licensee shall provide all towing services free of charge to all Township of Fairfield motor vehicles. The Township will incur 1/2 of the tow service fee as set forth in this section for towing of all Township vehicles over 10,001 pounds that are outside a 60 mile radius from the Township/Municipal Building located at 230 Fairfield Road, Fairfield.
f. 
Nothing in this section shall prevent the owner or operator of a vehicle from contacting a tower or wrecker of their own choice to remove the automobile from the public streets of the Township after it has become disabled or otherwise inoperable, unless the Police Officer on the scene determines that public safety requires that the vehicle be immediately removed from the scene, at which time a licensed tower will be notified.
g. 
All owners or operators of any disabled vehicle retain the right to direct the tower to remove the disabled vehicle to a garage or workshop of their own choosing. If, within reason, the licensee cannot immediately take the vehicle to the place requested by the owner the licensee will place the vehicle in storage. If the vehicle is towed after one hour before business closing hours the licensee can only charge one day storage until noon the following business day. Owner/operator of the stored vehicle may contract any tow service to remove the vehicle from storage.
h. 
The licensee shall be responsible for the towing of vehicles from public streets, public alleys, public right-of-way, public easements, avenues, thoroughfares, public or quasi-public places, including parks and playgrounds, or any other Township, County or State owned lots, as directed by the Township of Fairfield Police Department.
i. 
The licensee shall remove and tow vehicles for storage at either the licensee's storage yard or the Fairfield Township facility, as directed by the Fairfield Township Police Department, according to the following categories of vehicles for tow:
1. 
Vehicles to be towed to the licensee's storage facility may include abandoned, illegally parked, disabled, vehicles involved in accidents, unregistered/uninsured or any violation of N.J.S.A. Title 39 wherein the Police may remove the vehicle from the roadway.
2. 
Vehicles to be towed to the Fairfield Township storage facility will include those suspected of involvement in criminal activity, vehicles confiscated or seized pursuant to the Forfeiture Statute and vehicles which may be involved in any fatal accident. After investigation is completed the tower will be directed to remove the vehicle to his storage lot. There shall be a vehicle removal charge payable by owner for this service, and the tower may begin storage when vehicle enters their lot. In cases where the licensee is directed to tow a vehicle to the Fairfield Township storage facility, the Township Police Department shall direct the licensee where to place the towed vehicle upon arrival at the Township storage facility.
j. 
When in the event that the licensee has been contacted to tow a disabled vehicle by the Police Department and the owner or operator of that vehicle appears prior to the licensee's arrival and requests his own towing service the licensee may not charge for the response. However if the licensee arrives and owner requests his/her own towing service the licensee will be allowed to charge the rate for emergency road service.
k. 
The licensee shall be responsible, at no charge to vehicle owner, to clean up and remove all broken glass and debris at the scene of accidents as per N.J.S.A 39:4-56.8.b. The licensee will also be responsible for basic environmental clean up and may charge a fee to the owner as set forth in Subsection 4-18.11 of this section. The licensee shall also be responsible to replace and remove any absorbent that the Fairfield Fire Department uses at an accident scene. Licensee may charge the vehicle owner for any bags of absorbent that are given as replacements to the Fairfield Fire Department.
l. 
In the event that an emergency arises and the on-call licensed tower cannot provide adequate service when requested the Police Department may at its discretion contact other Township of Fairfield licensed towers to respond.
m. 
The licensed tower may not charge any owner for any damage to his tow equipment or storage facilities resulting from any towing operation.
n. 
Before towing a vehicle the licensee shall remove or secure anything that may fall from the disabled vehicle while being towed.
[Ord. No. 99-06 § 10; Ord. No. 2007-25 § 1; Ord. No. 2009-32 § 1; Ord. No. 2013-05 § 3]
a. 
The rates on the "Township of Fairfield Towing and Storage Rate Schedule"[1] annexed hereto and incorporated herein by reference, represent the maximum rates permitted under this section. It shall be unlawful for any licensee to charge a rate in excess of the rates prescribed in this section for the services regulated herein.
[1]
Editor's Note: The schedule referred to herein may be found at the end of this section.
b. 
Mileage Rates. There shall be no mileage charge for any vehicle towed under this section from point of service back to the licensee's principal location. If the owner or operator designates the vehicle to be towed to another location other than the licensee's principal location then the licensee can only charge for loaded mileage outside the boundaries of the Township of Fairfield.
c. 
Vehicle Recovery. The Township of Fairfield recognizes that vehicle recovery is a varied and complex function that is conducted on a case by case basis. To perform vehicle recovery, the Township requires that the licensee have on-scene a recovery supervisor with a Level three-driver certification from WreckMaster, the Towing and Recovery Association of America (TRAA), or equivalent program approved by the Police Department. To perform vehicle recovery under this section the licensee must:
1. 
Visually document the recovery scene through photos or videotape.
2. 
Prepare a written report of all procedures employed, actions taken, equipment used and manpower requirements to complete the recovery process in the safest manner.
3. 
Prepare an itemized billing invoice for all services rendered.
If the licensee finds it necessary to subcontract services or equipment for recovery, the subcontracted service providers must work under the supervision of the licensee. The licensee may charge no more than 20% above the invoice amount for the service or equipment rented.
d. 
Rate Schedule.
TOWNSHIP OF FAIRFIELD TOWING AND STORAGE RATE SCHEDULE
A.
Basic Towing Service (2-Axle Vehicle) Under 8,000 lbs
$110
1.
Each Additional Axle $35
2.
Loaded Mileage Rate Outside the Boundaries of Fairfield
$4 per mile
B.
Basic Towing Service (2 Axle Vehicle) 8,001-16,000 lbs
$245
1.
Each Additional Axle
$45
2.
Loaded Mileage Rate Outside the Boundaries of Fairfield
$5 per mile
C.
Basic Flatbed
$125
1.
Loaded Mileage Rate - Same as A or B
D.
Motorcycles/Motorized Bicycles
$100
1.
Loaded Mileage Rate - Same as A
E.
Heavy Duty Towing - Over 16,001 lbs
$350 per hour
1.
Shaft Removal
$50
2.
Brake Release
$50
F.
Storage Per Day
Under 10,000 lbs. (outside)
$35
Under 10,000 lbs. (inside)
$45
Each Additional Axle
$25
Over 10,001 lbs. Single Axle Straight
$100
Over 10,001 lbs. Tandem Axle Straight
$125
Tractor Trailer Combo
$150
G.
Other Charges
1.
Winching - Light Duty/ Medium Duty Tows
$125*
2.
Basic Environmental Cleanup
$75*
3.
Waiting Time - Light/Medium Duty Tows
$50*
4.
Skate(s)
$40
5.
Vehicle Removal Charges and Police HQ Towback (1/2 of Vehicle Basic Tow Rate)
6.
Administrative Charges
$35
The administrative charge of $35 shall be imposed only if a vehicle is impounded at the direction of the Police Department for DUI, lack of credentials, a crime, etc. The $35 administrative charge shall not apply to the storage of a vehicle solely due to damage because of a motor vehicle accident.
7.
Towing Fee
$20
* Licensee may charge the rate of 1/2 minimum. Thereafter the charge is in fifteen-minute increments.
** Licensee is solely responsible for this charge and the licensee may not add this cost to the towing invoice or otherwise seek reimbursement of this fee.
H.
Emergency Road Service (Vehicles under 16,001 lbs. ONLY)
$60
NOTE: If emergency road service results in a tow, then the licensee may not charge for the road service.
I.
Vehicle Recovery:
1.
Medium Duty Wrecker
$165
2.
Heavy Duty Wrecker
$350
3.
Additional Manpower
$65
4.
Level 3 Recovery Expert
$100
[Ord. No. 99-06 § 11]
The licensee shall have in effect, prior to application and at all times during the term of the license the following insurance:
a. 
Garage keeper's liability must be maintained in the amount of $500,000 for any one claimant, and $1,000,000 for more than one claimant along with $500,000 coverage for property damage for any one event.
b. 
Automobile insurance must be maintained and it must be issued by a financially sound insurance corporation, or authorized to transact business in the State of New Jersey. The policy must insure every tow truck operator against liability imposed by law for damages arising out of bodily injury, including death, sustained by any person and injury or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of the tow truck of the licensee. The amount of the limits of liability coverage to be offered by such policy shall be $1,000,000 for bodily injury to each person, $3,000,000 for bodily injuries in each accident and $500,000 for property damage in each accident.
c. 
The licensee shall supply a certificate of insurance to the Township Clerk, which describes each policy of insurance and identifying the Township as an additional insured party. Each certificate of insurance shall contain a provision that no cancellation of the policy shall become effective until after the expiration of 15 days' written notice of such proposed cancellation forwarded by the insurance company to the Township Clerk.
[Ord. No. 99-06 § 12; Ord. No. 2013-05 § 4]
a. 
Licensee shall prepare and issue to the owner/operator a written invoice for services rendered under this section. The invoice shall reflect the date, time, location, the employee that performed the service, that the service performed was at the request of the Township of Fairfield Police Department and an itemized list of all charges authorized by this section. A copy of invoice shall be retained by licensee and filed in a manner that coincides with the licensee's current filing methods that will allow immediate access to such record when requested by the Township of Fairfield Police Department.
b. 
Licensee has discretion to establish the method of payment and forfeits all mechanic lien rights once he physically releases a vehicle from his custody. The Township will not be held liable for, or assist the licensee, to collect any unpaid fees that were incurred under the provisions of this section.
c. 
Licensee shall incur the cost of and shall post the rate schedule listed in this section in a conspicuous location at the licensee's principal location where payment of fees are transacted.
d. 
Licensee shall incur the cost of preparing a payment rate circular for fees listed under this section and shall distribute this rate circular to all customers, at no cost.
e. 
Licensee shall not release any vehicle impounded under this section without a written release from the Township of Fairfield Police Department. The release form must be attached and filed with the licensee copy of the invoice.
f. 
All records, payment invoices and other documentation resulting from the licensee's compliance with this section must be kept by the licensee for a period of two years.
[Ord. No. 99-06 § 13]
a. 
At all times the licensee and his employees will present a neat appearance and act in a professional and courteous manner when interacting with the public and the police. Operators and employees shall wear clothing bearing the licensee's name.
b. 
No licensee shall employ directly or indirectly any officers of the Township of Fairfield Police Department.
c. 
No licensee may wait on any public street, intersection or any public property to solicit any towing services. Additionally licensee may not wait on private property without first obtaining the consent of the property owner.
d. 
No licensee may cruise for potential towing or servicing of vehicles on any roadway in the Township of Fairfield.
e. 
No licensee shall solicit, demand or receive from any person any pay, commission or tip except the rate fees established in this section.
f. 
No licensee shall pay any gratuity, tip or commission to any third party to receive work listed under this section.
g. 
No licensee may solicit vehicle repair at the location of any disabled vehicle.
h. 
All towing vehicles shall be operated in accordance with all existing traffic regulations and statutes and in a safe and prudent manner. Tow vehicle operators must request Police assistance whenever their activities will obstruct or impede traffic flow.
i. 
The investigating Police Officer and/or supervisor at the accident scene shall maintain complete charge of the incident scene (excluding actual towing operations) and all tow operators shall comply with the officers'/ supervisors' instructions.
[Ord. No. 99-06 § 14]
a. 
Tow truck drivers shall have and maintain a valid driver's license for the tow vehicle that they operate. Drivers that operate heavy duty wreckers shall have a valid HAZMAT endorsement on their commercial driver's license.
b. 
Within two years of the adoption of this section all tow truck drivers that operate tow vehicles must obtain the Towing and Recovery Association of America National Driver Certification (TRAA) Level 1. Drivers that operate the heavy duty tow truck must obtain the Level 2 certification.
c. 
New employees shall have one year from their date of hire to obtain the TRAA Level 1 certification. During the initial year of employment they may perform services as listed under the provisions of this section providing that the licensee documents that he has trained the employee in the proper use of the equipment he will operate.
d. 
To perform any recovery operation the licensee must have at least one employee certified as a TRAA Level 3.
[Ord. No. 99-06 § 15]
a. 
The Chief of Police shall investigate and keep a record of all complaints that are received regarding the provisions set forth in this section.
b. 
The Chief of Police has the authority to suspend any license at any time for criminal activity, Title 39 violations or any violation(s) of this section. When a license is suspended the Chief of Police shall forward a full report to the Mayor and Council within 15 business days after said suspension. If the licensee objects to the determination of the Chief of Police, the licensee may request a hearing before the Mayor and Council. Licensee must notify the Township Clerk in writing of a request for a hearing within 20 days of the suspension/termination notice issued by the Chief of Police.
c. 
The Chief of Police shall oversee all licensed wreckers to ensure that they are kept in a safe condition. The Chief of Police may inspect any or all licensed wreckers at any time. If at any time the Chief of Police finds the equipment inadequate or unsafe the Chief of Police may demand immediate correction and suspend the wrecker license until such time the violation is corrected. Once a wrecker license is suspended all identifiers, listing the wrecker as a Township of Fairfield Police wrecker, shall be removed from the wrecker by the licensee.
d. 
The Chief of Police is authorized and empowered to establish additional rules and regulations as may be necessary and reasonable to govern the issuance and the operation of towing services and storage faculties. Such rules and regulations shall be issued by publication in a local newspaper and provision of same in writing to all towers then licensed.
e. 
Upon suspension, revocation, or expiration of any license issued pursuant to this section, the licensee shall immediately surrender all indicia of licensing including stickers, cards, medallions or other means of identification and licensee may not advertise or display that they are licensed Police towers for the Township of Fairfield during the suspension period.
[Ord. No. 99-06 § 16]
Any complaint or dispute by an owner of a vehicle that is towed or stored without the owner's consent pursuant to the provisions of the within section, shall be submitted to the Township Administrator. Following the Administrator's review and/or investigation of said complaint, the Administrator shall make a recommendation for disposition of the complaint to the Mayor and Council for consideration.
[Ord. No. 99-06 § 17; Ord. No. 2013-05 § 5]
a. 
Any person who violates the provisions of this section shall, upon conviction, be fined not more than $1,000 and/or imprisonment for a term not to exceed 90 days.
b. 
In addition, the Governing Body may suspend a licensee for a minimum of one year if it is determined that the licensee is noncompliant with any provisions herein.
[Ord. No. 98-11 § 1]
As used in this section:
BUSINESS OF CONDUCTING HOTELS, MOTELS, LODGES OR INNS
Shall mean the renting, leasing, maintaining, keeping, operating, conducting or providing of overnight or temporary sleeping accommodations, for a consideration, to tourists, transients or travelers in any building or structure, or group of buildings or structures, devoted exclusively or primarily to the business commonly known as hotels, motels, lodges or inns, whether meals are served on the premises or not.
HOUSING OR LODGING UNIT
Shall mean any separate room, suite, cabin or quarters, whether or not physically attached or connected with any other buildings or structure, used for sleeping accommodations in the business of conducting hotels, motels, lodges or inns.
[Ord. No. 98-11 § 1]
No person, firm or corporation, shall engage in the business of conducting hotels, motels, lodges or inns without first having applied for and obtained from the Governing Body a license to do so. No such license shall be issued to any person who has been convicted of a crime involving moral turpitude nor shall any such license be issued to any firm or corporation in which any stockholder holding 10% or more of any of the stock thereof, or in which any director or officer shall have been convicted of a crime involving moral turpitude.
[Ord. No. 98-11 § 1]
Each applicant for such license shall make written application on forms approved by the Governing Body of the Township of Fairfield. Such application for license in the business of conducting hotels, motels, lodges or inns shall be made available at the office of the Township Clerk. The application shall be submitted under oath and shall set forth the following in detailed form:
a. 
The full name, residence and/or business office and post office address of the applicant;
b. 
The exact location of the proposed licensed premises, giving the street address, tax lot and block numbers and the exact dimensions of the lands on which the business is conducted or is to be conducted;
c. 
A description of the buildings, structures and accommodations upon said lands, or those proposed to be erected, thereon, including a statement of the number of housing or lodging units either erected or proposed, together with the maximum number of persons who can be or may be in the future accommodated at any given time; a description of the character of the buildings or structures as to size, type of construction and whether or not the same are or will be fireproof; a description of automobile parking space and facilities which must conform with the provisions hereinafter established;
d. 
The name and address of the owner of the lands and buildings;
e. 
The name of the person on the licensed premises upon whom process may be served;
f. 
Whether any person constituting the individual or partnership applicant or whether the corporate applicant or any stockholder holding 10% or more of the stock thereof or any director or officer thereof, has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and, if so, the details thereof, including, with respect to each conviction, the name of the person convicted, the date thereof, the nature of the offense, the court in which the conviction was entered and the punishment imposed. Traffic and motor vehicle violations need not be included;
g. 
In the case of corporate applicants, the names and residences of all stockholders constructively holding 10% or more of any stock of the corporation, the names and residences of all members of the board of directors of the corporation, and the names and residences of all officers of the corporation, and the office held by each;
h. 
Each application shall be made in triplicate and shall be signed and sworn to by the applicant and presented to the Township Clerk together with a certified or bank check or cash in the amount of the license fee pursuant to Subsection 4-19.5 of this section;
i. 
All physical descriptions called for above shall be accompanied by a sketch of the premises showing all buildings and structures already situated thereon and designation of any proposed structures, their size and location, and the parking area location or locations;
j. 
Any change in any fact set forth in said application shall be communicated to the Township Clerk within three days of said change, unless said change can be known in advance, in which event the change shall be communicated to the Township Clerk 10 days in advance of said change. All notifications shall be made in the same manner as the original application.
[Ord. No. 98-11 § 1]
The Township Clerk shall forthwith forward the application to the Fire Prevention Bureau of the Township of Fairfield and the Health Officer who shall inspect the premises to determine whether or not the premises comply with the health and fire ordinance regulations and statutes. If the premises do not so comply, the Fire Prevention Bureau and the Health Officer shall attach to the application a written list of recommendations and return the same to the Township Clerk no later than 10 days from receipt of the application, who shall in turn return the application with the list of recommendations to the applicant. If the premises do so comply, the Fire Prevention Bureau and the Health Officer shall attach thereto certificates of approval. When new construction for tourist accommodations are planned, the Health Officer, Fire Prevention Bureau and Construction Official shall review the plans to be sure the applicant complies with all Township ordinances and/or State regulations and if they do not comply, their recommendations shall be attached to the application and returned to the Township Clerk who shall in turn return the application along with the recommendations to the applicant.
[Ord. No. 98-11 § 1; Ord. No. 2009-14 § 1]
The fee for such license shall be $55 per housing or lodging unit per year. Licenses shall expire one year from the date of issuance.
[Ord. No. 98-11 § 1]
On application made therefor, setting forth the same matters and things as are required by the section to be set forth in connection with an original application for a license the Governing Body, with the consent of the licensee and upon payment of a fee of 20% of the annual license fee for the license sought to be transferred, may transfer to such applicant any license issued under the terms and provisions of this section. The 10% fee shall be retained by the Township of Fairfield whether the transfer be granted or not.
[Ord. No. 98-11 § 1; Ord. No. 99-22 § 1]
a. 
Each licensee shall at all times maintain and preserve on the licensed premises a register. All registers shall be kept, preserved and maintained on the licensed premises for a period of not less than six years, and shall be available on request to any law enforcement officer at any hour of the day or night. The register may be maintained by way of a retrievable paper printout.
b. 
No person shall occupy, and no licensee shall permit any person to occupy, a lodging unit on the licensed premises unless each licensee enters into the register or the person renting such lodging unit writes in the register, in ink and in their own handwriting, the following: the registrant's full and true name and address and relationship, if any, to the registrant of every other person who is to occupy such lodging unit; the make, year, and State license or registration number of the motor vehicle then being used by the registrant; the registrant's signature.
c. 
The licensee shall cause to be written in the register, the number of the lodging unit assigned to each registrant, the date and hour of registration, the signature of the person taking or accepting the registration and the registrant's signature and the date when the occupant of each lodging unit quits and surrenders the same.
[Ord. No. 98-11 § 1]
Off-street parking areas shall be provided on the premises for all vehicles belonging to the occupants of the housing unit as may be required by the Township.
[Ord. No. 98-11 § 1]
It shall be the duty of the Township Police Department and/or Fire Prevention Bureau to inspect the licensed premises from time to time, at any hour of the day or night, to determine that the provisions of this section are being complied with.
[Ord. No. 98-11 § 1]
Any person, firm or corporation who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5, but not less than $100 minimum fine for each day of violation.
[Ord. No. 2009-05 § 4-19.11]
Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a clothing donation bin within the Township for solicitation purposes unless all of the following requirements are met:
a. 
The clothing donation bin is owned or sponsored by a charitable organization registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.) or is sponsored by any department of the Township;
b. 
The registered charitable organization has obtained a permit, valid for a twelve-month period, from the Township's Zoning Officer in accordance with the following:
1. 
In its application for such a permit, the registered charitable organization shall indicate:
(a) 
The location where the bin is currently situated or proposed to be situated;
(b) 
The manner in which the charitable organization 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 the charitable organization and any entity which may share or profit from any clothing or other donations collected via the bin; and
(d) 
Written consent from the property owner to place the bin on its property.
2. 
The Zoning Officer shall not grant a permit to place, use, or employ a clothing donation 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 clothing donation bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.
3. 
The Zoning Officer shall impose a fee for such application, in the amount of $25 annually for each bin to offset the costs involved in enforcing this section.
4. 
An expiring permit for a clothing donation bin may be renewed upon application for renewal and payment of the applicable annual fee. Such application for renewal shall include information detailing:
(a) 
The location where the bin is situated, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted and written consent from the property owner to place the bin on its property; further provided the requirement of Subsection 4-20.2 are met; and
(b) 
The manner in which the charitable organization has used, sold, or dispersed any clothing or other donations collected via the bin; the method by which the proceeds of collected donations have been allocated or spent; and any changes the charitable organization anticipates it may make in the processes during the period covered by the renewal; and
(c) 
The name and telephone number of the bona fide office of the charitable organization and 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.
5. 
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the clothing donation bin in addition to the information required pursuant to Subsection 4-20.1 of this section.
c. 
The registered charity, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the charitable organization or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the charitable organization or other entity. For the purposes of this subsection, an answering service unrelated to the charitable organization does not constitute a bona fide office.
d. 
The following information shall be clearly and conspicuously displayed on the exterior of the clothing donation bin:
1. 
The name and address of the registered charitable organization that owns or is the sponsor of the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
2. 
The registered charitable organization's charitable registration number;
3. 
The telephone number of the registered charitable organization'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;
4. 
In cases when any entity other than the entity which 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 entity which owns the bin, and identifying all such entities which may share or profit from such donations; and
5. 
A statement, consistent with the information provided to the Township in the most recent permit or renewal application indicating the manner in which the entity 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.
[Ord. No. 2009-05 § 4-19.12]
a. 
The bins are not to be placed in the front yard.
b. 
A minimum ten-foot set back from property lines should be required.
c. 
Bins should not be placed in any required driveways or on any unimproved lot.
d. 
No bins permitted on or adjacent to residential properties.
e. 
Whenever possible, the bins should not be placed on lots adjacent to residences; however, should the Zoning Officer determine that it is appropriate to establish a bin on such a location, it must be set back a minimum of 10 feet.
f. 
Bins may be placed within a parking area, provided the Municipal Engineer determines that the space or spaces dedicated to the bin are underutilized.
[Ord. No. 2009-05 § 4-19.13]
It shall be the duty of each registered charitable organization issued a permit hereunder to properly maintain and service any clothing donation bin placed within the Township so as to prevent such clothing bin from creating any nuisance, hazardous or unsafe condition.
[Ord. No. 2009-05 § 4-19.14]
The Zoning Officer or other person designated by the Township's Council as a person authorized to enforce the provisions of this section shall, upon receipt of a complaint by a local resident or any other person that a clothing donation bin is causing a nuisance, hazardous or unsafe condition, investigate such complaint and take such enforcement action as is permitted pursuant to N.J.S.A. 40:48-2.62 and N.J.S.A. 40:48-2.63. The Zoning Officer shall not be authorized to issue more than two clothing donation bin permits at any given site.
[Ord. No. 2009-05 § 4-19.15]
Any licensee who violates any provision of this section and fails to cure such violation within 48 hours of notice of such violation shall be subject to the following penalties, in addition to those penalties and remedies set forth in N.J.S.A. 40:48-2.62 and 40:48-2.63:
a. 
For the first offense: $100 per day.
b. 
For the second offense: $250 per day.
c. 
For the third offense: mandatory revocation of permit.
[Ord. No. 2009-05 § 4-19.16]
The owner of any clothing donation bin which is sponsored by any department of the Township shall be required to comply with the licensure requirements hereof, but shall specifically be exempt from the fee requirement hereof.
[Ord. No. 2014-13; amended 4-22-2019 by Ord. No. 2019-07]
a. 
The purpose and intent of this § 4-21 is to assist law enforcement officials and victims of crime in recovering stolen precious metals and other secondhand goods by requiring minimum identification, reporting, maintenance and distribution criteria for licensed dealers in these goods.
b. 
No person shall use, exercise, or carry on the business, trade, or occupation of the buying, selling, or pawning of precious metals or other secondhand goods without complying with the requirements of this § 4-21 in the exact manner described herein.
As used in this section, the following terms shall have the meanings indicated:
ACCEPTABLE IDENTIFICATION
A current valid New Jersey driver's license or identification card, a current valid photo driver's license issued by another U.S. state, a valid United States passport, or other verifiable U.S. government-issued identification, which will be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department on request.
DEALER
Any person, partnership, limited-liability company, corporation, or other entity who, either wholly or in part, engages in or operates any of the following trades or businesses: the buying for purposes of resale of precious metals, jewelry, or other secondhand goods as defined herein; pawnbrokers as defined herein; itinerant businesses as defined herein. For the purposes of this § 4-21, transient buyers, as defined herein, are subject to the same licensing and reporting requirements as any other dealers.
ITINERANT BUSINESS
A dealer who conducts business intermittently within the municipality or at varying locations.
MUNICIPAL CLERK
The statutory officer whose duties are defined in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of the Township.
PAWNBROKER
Any person, partnership, association or corporation lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehousemen and lending money on goods, wares or merchandise pledged or deposited as collateral security.
PRECIOUS METALS
Gold, silver, platinum, palladium, and their alloys as defined in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
PUBLIC
Individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Every transaction conducted between a dealer and a member of the public in which precious metals, jewelry, or any other secondhand goods as defined herein are purchased or pawned.
SECONDHAND GOODS
Used goods such as antiques, gold, silver, platinum, or other precious metals, jewelry, coins, gemstones, gift cards, any tools, telephones, typewriters, word processors, GPS devices, computers, computer hardware and software, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, game cartridges, DVDs, CDs, and other electronically recorded material, firearms, cameras and camera equipment, video equipment, furniture, clothing, and other valuable articles. For the purposes of this § 4-21, "secondhand goods" shall not include goods transacted in the following manner: i) judicial sales or sales by executors or administrators; ii) occasional or auction sales of household goods sold from private homes; iii) auctions of real estate; iv) the occasional sale, purchase, or exchange of coins or stamps by a person at his permanent residence or in any municipally owned building who is engaged in the hobby of collecting coins or stamps and who does not solicit the sale, purchase, or exchange of such coins or stamps to or from the general public by billboard, sign, handbill, newspaper, magazine, radio, television, or other form of printed or electronic advertising.
SELLER
A member of the public who sells or pawns used goods such as precious metal, jewelry, or other secondhand goods to a dealer.
TRANSIENT BUYER
A dealer, as defined herein, who has not been in a registered 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 discontinue all retail business within six months.
No person, partnership, limited-liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in § 4-21.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this § 4-21. No person, partnership, limited-liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight-point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this § 4-21 and shall be subject to the penalties established in § 4-21.9.
a. 
Upon receipt of an application completed pursuant to this § 4-21, the Municipal Clerk shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee, pursuant to this § 4-21 for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:
1. 
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in § 4-21.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2. 
The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license;
3. 
Any criminal record of the applicant including any past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.
4. 
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business; however, applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by § 4-21.6d of this chapter will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under § 4-21.6a.
b. 
The Chief of Police shall complete any investigation pursuant to this § 4-21 within 30 days of the submission of the application to the Municipal Clerk, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received by the Chief of Police within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.
c. 
The Chief of Police shall, upon completion of the investigation, recommend "grant" or "denial" of the license to the Municipal Clerk, who shall grant or deny the license. Any recommendation of the Chief of Police shall be in writing and, in the case of a recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Municipal Clerk accepts the recommendation of the Chief of Police to deny any license, the applicant shall be notified in writing within 10 days of such denial and the Clerk shall forward to the applicant a statement of the reason or reasons for such denial.
d. 
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in § 4-21.5, the retention and inspection requirements of § 4-21.6, or any other portion of this § 4-21. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by § 4-21.8 of this chapter.
e. 
Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before a three-person panel (Township Administrator, Municipal Clerk and Chief of Police designee) appointed by the Township Council, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of denial of a license to act as a dealer of secondhand goods.
f. 
No license shall be assignable by the dealer.
For every transaction between a dealer and the public, the dealer shall be required to do as follows:
a. 
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in § 4-21.2.
b. 
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."
c. 
Record and issue to each person selling or pawning such goods on a sequentially numbered receipt:
1. 
The name, address, and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;
2. 
The name, address, date of birth, employment, and telephone number of the seller or sellers;
3. 
A photographed recording at the time of the transaction of the seller in a format acceptable to the Chief of Police, along with a physical description of the seller, including height and weight (approximate), hair color, eye color, facial hair, if any, etc.;
4. 
A photographed recording of the seller's presented acceptable identification, as set forth in § 4-21.2, in a format acceptable by the Chief of Police;
5. 
A photographed recording of all items sold in a format acceptable by the Chief of Police. When photographing, all items must be positioned in a manner that makes them readily and easily identifiable.
6. 
The receipt number;
7. 
A detailed, legible description of the item(s) and the manufacturer and model of the item(s) if known; in the case of jewelry, the descriptions must include style, length, color, design, and stones, if any; any identifying marks, including numbers, dates, sizes, shapes, initials, names, monograms, social security numbers, or any owner-applied markings engraved thereon, serial numbers, series numbers, or any other information, which sets apart the particular object from others of like kind;
8. 
The price paid for the purchase or pawn of the item(s);
9. 
If precious metals, the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1 et seq.;
10. 
The time and date of the transaction.
d. 
The information outlined in Subsection c above must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this § 4-21 and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection c above.
e. 
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this § 4-21 and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in § 4-21.6.
f. 
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 Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and where necessary, relinquish custody of those articles as provided in § 4-21.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
a. 
All secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 15 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in § 4-21.5 except for precious metals and jewelry, which must be maintained for at least 10 business days or for the statutory period provided in N.J.S.A 2C:21-36(d). The business, all precious metal or other secondhand goods purchased, and transaction data are subject to inspection and must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the retention period has expired. The pawnbroker must store and maintain pledged goods for the period prescribed above unless the pledged goods are redeemed earlier; provided, however, that within the first 15 days after the original pawn, the pledged goods may be redeemed only by the pledgor or the pledgor's attorney in fact.
1. 
Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b. 
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by § 4-21.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c. 
In addition to all other reporting requirements, every dealer shall maintain for at least five years a written record of all purchases of precious metals and other secondhand goods in the form prescribed in § 4-21.5c.
d. 
No dealer shall purchase any item covered by this § 4-21 from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Chief of Police or business designee identifying the individual from whom such purchase is to be made and the item to be purchased.
e. 
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to § 4-21.9 of this § 4-21.
1. 
Grounds for suspension. The following shall constitute grounds for suspension: violation of any provisions of this § 4-21, including failure to comply with any training or fees associated with the electronic database software system in use by the municipality; violation of any other statute, regulation, or local ordinance; or 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 or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to Subsection h. 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, receiving for pawn, and/or selling of precious metals and/or other 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 the Chiefs designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Township Council, upon the timely filing of an appeal as provided in Subsection h.
f. 
Revocation. A license issued under this § 4-21 may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this § 4-21. This penalty shall be in addition to any fines and penalties the dealer may incur under § 4-21.9.
1. 
Grounds for revocation. The following shall constitute grounds for revocation: a third violation under this § 4-21; a second violation under this § 4-21 less than one year after an earlier violation under this § 4-21; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.
2. 
Procedure for revocation. Upon a determination that appropriate grounds exist and that a revocation is warranted, the Chief of Police or the Chief's designee shall so report to the Municipal Clerk in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. A three-person panel, appointed by the Chief of Police, shall review the stated grounds for revocation and the panel shall issue an appropriate disposition of either suspension, revocation, or reinstatement. If the panel determines that revocation is the appropriate disposition, it shall set forth the grounds for the same in writing in the form of a notice of revocation, which shall be provided to the dealer. The notice shall advise the dealer of the right to appeal. If the panel determines that suspension is the appropriate disposition, it shall provide the dealer with a notice of suspension that shall advise the dealer 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 or other secondhand goods within the municipality.
g. 
Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall be entitled to a hearing before a three-person panel, appointed by the Township Council, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such suspension or revocation. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of revocation or suspension of license.
h. 
A dealer shall have the right to change the location of the licensed business within the municipality, provided that he or she notifies the Municipal Clerk, in writing, of the street address of said new location.
Each dealer covered under this § 4-21 shall deliver a bond to the Municipal Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by the Municipal Attorney, as defined in N.J.S.A. 40A:9-139, and shall be in the penal sum of $10,000, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the municipality in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the dealer licensed under this § 4-21, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the Township of Fairfield, be and remain for the benefit of any person who shall obtain a judgment against obligor as a result of damage sustained in operation pursuant to any license granted under this § 4-21." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this § 4-21, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by § 4-21.5(d). Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
Violation of any provision of this § 4-21 by any dealer shall, upon conviction thereof, be punished in accordance with § 1-5 of the Township Code in addition to a suspension or revocation of operating license as provided in § 4-21.6f and g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this § 4-21 within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in § 4-21.6g. 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 § 4-21.
a. 
Any person, partnership, limited liability company, corporation, or other entity engaging in the business of a pawnbroker, or a dealer in precious metals or other secondhand goods, shall conform to the provisions of this § 4-21 within 90 days following the effective date of this § 4-21.
b. 
Nothing contained in this § 4-21 is intended to replace any pre-existing statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1 et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq., the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or any other statutory provision regarding any subject matter discussed herein.
[Ord. No. 2014-15]
The Township Council finds and declares as follows:
a. 
Although the filming of motion pictures, television shows, advertising commercials, and other productions can sometimes bring positive exposure and economic benefits to a community, in many instances these activities can have negative side effects, unrelated to the subject matter or expressive content of the film or broadcast, that can seriously disrupt peace and good order or impose unanticipated costs on the Township, particularly the additional police protection often required.
b. 
Some of these negative side effects include: the presence of trucks and trailers to house equipment and cast, creating traffic and parking problems; the attractive nuisance created by the filming, which can attract crowds of onlookers; excessive noise and lighting; the erection and placement of filming equipment, which can obstruct public rights-of-way and other areas; activities extending well into the late nighttime or early morning hours, disturbing neighbors' peace and quiet enjoyment; the necessity of a constant police presence to keep the site secure and maintain order; and disorderly activities committed by either crew or cast members, or visitors to the site.
c. 
These undesirable effects are particularly acute in residential neighborhoods, where residents have a legitimate and legally protectable right to be free from unwanted and unnecessary intrusions into the peace and sanctity of their homes.
d. 
Both the Federal and State judiciaries have repeatedly reaffirmed that the protection of the well-being, tranquility, and privacy of the home, and the quality of life and aesthetic character of neighborhoods, is a legitimate governmental interest justifying reasonable time, place, and manner restrictions on expressive activities, including filmmaking.
e. 
This section is intended to advance that interest and control the undesirable effects of filmmaking.
[Ord. No. 2014-15]
As used in this section, the following terms shall have the meanings indicated:
FILMING
Shall mean the taking of still or motion picture, either on film, videotape, webcam, or digital recording medium, intended for viewing on television, in movie theaters, on the Internet, or for institutional uses.
PUBLIC LANDS
Shall mean any and every public street, highway, sidewalk, public park, playground or any public place which is within the jurisdiction and control of the Township of Fairfield.
RESIDENTIAL ZONE
Shall mean areas zoned as residential, pursuant to Chapter 45 of the Township Code.
[Ord. No. 2014-15]
a. 
Residential Zones. The filming of any motion picture, television show, or advertisement, produced for commercial or profit-making purposes and for distribution or dissemination in movie theaters, on cable or broadcast television, or over the internet, is prohibited in Fairfield Township's residential zones.
b. 
Exceptions. The prohibition in Subsection a does not apply to:
1. 
Coverage of news events or matters of public importance by print, broadcast, or electronic media.
2. 
Filming of limited duration, intended for personal, documentary, or promotional purposes, conducted primarily or exclusively in the interior or immediate exterior of a residential dwelling, that does not involve a movie studio or production company.
[Ord. No. 2014-15]
a. 
Permission to Film. The filming of motion pictures, television shows, and advertisements, produced for commercial or profit-making purposes and for distribution or dissemination in movie theaters, on cable or broadcast television, or over the internet, is permitted in any area in the Township in which it is not prohibited pursuant to Subsection 4-22.3a, provided a permit is obtained as provided herein.
b. 
Permit Requirements. To obtain a film permit, the following requirements must be satisfied:
1. 
Issuance. Permits may be obtained from the office of the Township Clerk upon the filing of an application and payment of all fees required pursuant to this chapter.
2. 
Permit Fee. A fee of $350 per permit shall apply.
3. 
Number of Permits. A permit is required for each location where filming will take place.
4. 
Application Deadline. Permits must be applied for no later than 14 days prior to the scheduled filming.
5. 
Content of Permits. Permits shall state the approved location, dates, and times of filming and any conditions imposed thereon.
6. 
Duration of Permits. Permits shall be valid for a minimum of one day and a maximum of 10 days calculated from the date of issuance.
(a) 
If because of inclement weather or other good cause, filming must extend beyond the approved dates, the Township Clerk may issue upon request an extension of the original permit, with no additional fees, for the days remaining thereon.
(b) 
Requests for a longer duration shall be submitted to the Governing Body. If the request is granted, the fee shall be $35 per additional day for each location. In rendering a decision for an extension of time, the Governing Body shall objectively consider the requirements of this section, the information provided in the permit application, any recommendations provided by other Township officials, and any support or objections expressed by the general public.
7. 
Insurance. As part of the application, the applicant must present proof of insurance coverage for bodily injury in the amount of $1,000,000 and for any aggregate occurrence in the amount of $3,000,000. The Township of Fairfield shall be named an additional insured on the policy and a certificate of insurance evidencing the required coverage must be submitted with the application.
8. 
Notice. Applicants are required to provide written notice to any residents, businesses, and merchants located within a 200-foot radius of the film site. The notice shall state the location and approximate duration, and describe the nature and extent, of the filming. Proof of this notice shall be submitted as part of the application.
9. 
Hold Harmless/Indemnification. Applicants must agree to hold harmless, defend and indemnify the Township for any and all claims, liabilities, judgments, and damages, including reasonable attorneys' fees and costs of suit, resulting from death, bodily injury, or property damage arising out of or in any way connected with their filming activities.
10. 
Additional Police Protection. If the Township determines that additional police protection is necessary to maintain peace and good order and control traffic and spectators at the film site, the full cost thereof shall be paid by the applicant. The applicant shall execute an agreement with the Township setting forth the terms and conditions of this arrangement as provided in Chapter 2, Article VIII of the Township's Code Book.
c. 
Exceptions. The permit requirement does not apply to:
1. 
Coverage of news events or matters of public importance by print, broadcast, or electronic media.
2. 
Filming of limited duration intended primarily for personal, documentary, or promotional purposes that does not involve a movie studio or production company.
d. 
Rules and Regulations. Once a permit is obtained, permit holders must abide by the following rules and regulations. Failure to do so shall result in a revocation of the permit and immediate suspension of all filming activities.
1. 
Permit holders shall take all reasonable measures to minimize interference with the free passage of pedestrians and vehicular traffic over public lands and shall comply with all lawful directives issued by the Fairfield Police Department pertaining thereto.
2. 
Permit holders shall film only in permitted areas.
3. 
Permit holders shall minimize inconvenience or discomfort to adjoining property owners and, to the extent practicable, abate noise and park vehicles associated with filming off public streets.
4. 
Permit holders shall avoid any interference with previously scheduled activities upon public lands and limit to the extent possible any interference with normal activity in public areas.
5. 
Permit holders shall abide by all Federal, State, and local laws and regulations.
6. 
Filming may take place between the hours of 8:00 a.m. and 9:00 p.m. Upon the applicant's request, a waiver may be granted by the Township Administrator to film at earlier or later hours, but in no case earlier than 6:00 a.m. or later than 11:00 p.m., provided applicant sufficiently demonstrates that earlier or later filming will not negatively impact the surrounding area or adjoining property owners.
e. 
Review and Approval.
1. 
Permit applications shall be reviewed by the Township Administrator and any other Township official he or she designates.
2. 
The Township Administrator shall render the final decision whether to grant or deny a film permit pursuant to this section. In rendering a decision, the Township Administrator shall objectively consider the requirements of this section, the information provided in the permit application, any recommendations provided by other Township officials, and any support or objections expressed by the general public.
3. 
Permits may be denied on any or all of the following grounds:
(a) 
The time and location of the filming violates any law or Township ordinance, or will violate the State's noise standards.
(b) 
Filming would unreasonably interfere with the use and enjoyment of adjoining properties.
(c) 
Filming would unreasonably impede the free flow of vehicular or pedestrian traffic.
(d) 
Filming would endanger the public's health, safety, or welfare, or otherwise create a public nuisance.
(e) 
Filming would negatively affect residents' quality of life.
(f) 
Filming would negatively impact local businesses.
(g) 
Filming would unduly strain Township resources.
(h) 
Noncompliance with the provisions of this chapter.
(i) 
Other municipalities' experience with the applicant's activities.
(j) 
The cast or crew's prior criminality.
4. 
The Township Administrator's decision shall be communicated in writing to the applicant. Denials shall be accompanied by a brief statement of reasons therefor.
5. 
The grant of a permit may be limited by conditions to mitigate the negative impact of filming. Those conditions shall be stated in the permit.
f. 
Appeal. An aggrieved applicant may appeal the denial of a film permit, or the imposition of any conditions imposed thereon, in accordance with the procedures set forth in this section.
1. 
Time for Appeal. The appeal must be submitted in writing to the Township Administrator no later than seven business days following the decision denying or conditionally approving the film permit.
2. 
Appeal Panel. The appeal will be reviewed by a three-member panel composed of the Chief of Police, or his designee; the head of the Engineering Department or Building Department; and a third member appointed by the Township Administrator. The appeal will be adjudicated based on the written submissions of the parties, unless a conference is requested by the appeal panel.
3. 
Standard of Review.
(a) 
The denial of a film permit, or the imposition of any conditions thereon, may be overturned only upon a showing by clear and convincing evidence that the filming will not produce any of the negative effects upon which the original denial was based.
(b) 
The denial of a film permit pursuant to Subsection 4-22.3a may be overturned only upon a showing by clear and convincing evidence that the filming: i) will not result in the negative effects identified in subsections 4-22.1 or 4-22.4d3ii) will be completed in less than three days; iii) will take place largely in the interior of the residential dwelling; iv) will not violate any applicable Township zoning ordinance; and v) will comply with all other provisions of this section.
4. 
Decision on Appeal. The panel shall issue written decision affirming, reversing, or modifying the original determination no later than 21 days following the filing of the appeal.
[Ord. No. 2014-15]
Violation of this section shall be punishable by penalty pursuant to Chapter 1, § 1-5 of the Township Code.
[Added 12-23-2019 by Ord. No. 2019-28]
For the purpose of this § 4-23, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
AFFILIATE
A person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.
EXCESS CAPACITY
The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
OTHER WAYS
The highways, streets, alleys, utility easements or other rights-of-way within the Township but under the jurisdiction and control of a governmental entity other than the Township.
OVERHEAD FACILITIES
Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON
Includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.
PUBLIC STREET
Any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the Township which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
PUBLIC WAY
Includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the Township, but only to the extent of the Township's right, title, interest or authority to grant a license to occupy and use such streets and easements for telecommunications facilities.
SMALL WIRELESS FACILITIES
Consistent with 47 CFR 1.6002(1), "small wireless facilities" are facilities that meet the following conditions:
a. 
The facilities:
1. 
Are mounted on structures 50 feet or less in height including their antennas; or
2. 
Are mounted on structures no more than 10% taller than other adjacent structures; or
3. 
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10% whichever is greater;
b. 
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
c. 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
d. 
The facilities do not require antenna structure registration under 47 CFR Part 17; and
e. 
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
STATE
The State of New Jersey.
SURPLUS SPACE
That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Board of Public Utilities, to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER
Includes every person that directly or indirectly owns, controls, operates or manages plant, equipment, or property within the Township, used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIES
The plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antenna, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
TELECOMMUNICATIONS PROVIDER
Includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.
TELECOMMUNICATIONS SERVICE
The providing or offering for rent, sale or lease, or an exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
TOWNSHIP
The Township of Fairfield.
TOWNSHIP PROPERTY
Includes all real property owned by the Township, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the Township, which are not subject to the right-of-way licensing as provided in this § 4-23.
TREE
Any perennial plant having a diameter of four inches or greater measured at a point four feet above the ground.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundation or supports for overhead facilities.
USABLE SPACE
The total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Board of Public Utilities (BPU).
UTILITY EASEMENT
Any easement owned by the Township and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
UTILITY FACILITIES
The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the Township and used or to be used for the purpose of providing utility or telecommunications services.
Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate small wireless facilities in, under, over or across any public way of the Township for the sole purpose of providing telecommunications service to persons in areas outside the Township shall first obtain a license granting the use of such public ways from the Township pursuant to this § 4-23. Any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate Telecommunications Facilities other than small wireless facilities in, under, over or across any public way of the Township must also obtain a license granting the use of such public ways from the Township; such applicants must submit the application information set forth in § 4-23.6, and consideration and approval of such applications shall be at the discretion of the Township Mayor and Council if the applicant demonstrates that its objective cannot be achieved through the use of small wireless facilities.
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this § 4-23 shall be punishable as provided in Chapter 1, § 1-5, General Penalty. A separate and distinctive offense shall be deemed committed each day on which a violation occurs or continues.
Nothing in this § 4-23 shall be construed as limiting any judicial remedies that the Township may have, at law or in equity, for enforcement of this § 4-23.
No license granted hereunder shall be effective until the applicant and the Township have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the Township will be granted.
Any person that desires a telecommunications license for a small wireless facility pursuant to this § 4-23 shall file an application with the Township which shall include the following information:
a. 
The identity of the license applicant, including all affiliates of the applicant.
b. 
A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities.
c. 
A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services.
d. 
Preliminary engineering plans, specifications and a network map of the facilities to be located within the Township, all in sufficient detail to identify:
1. 
The location requested for applicant's proposed small wireless facilities.
2. 
A description of the type and height of the structure on which the small wireless facilities are being mounted, and a description of the proximity of the equipment to any other equipment on the same structure.
3. 
The size and weight of the proposed equipment.
4. 
A description of any proposed lighting, and if any, proposed focusing/shielding to avoid projection towards adjacent/nearby properties.
5. 
A description of the noise output of the proposed small wireless facility in decibels.
6. 
A description of any proposed excavation.
7. 
Radiofrequency radiation levels of the proposed equipment. This must include a certification of a professional engineer licensed in New Jersey that said levels do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).
8. 
The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way at the proposed site.
9. 
The location(s), if any, for interconnection with the telecommunications facilities of other communications carriers.
10. 
The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.
e. 
If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
1. 
The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities.
2. 
The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
f. 
If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
1. 
The location proposed for the new ducts or conduits.
2. 
The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
g. 
If applicant is proposing construction of facilities above ground, but below a height of 15 feet, applicant shall submit a survey with a minimum fifty-foot radius that is adequate to demonstrate no negative impacts to sight distance or sight triangle. Such survey shall be submitted in NAVD 88 datum.
h. 
The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways.
i. 
A preliminary construction schedule and completion date.
j. 
A preliminary traffic control plan in accordance with the New Jersey Department of Transportation regulations.
k. 
Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
l. 
Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
m. 
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
n. 
All fees, deposits or charges required pursuant to this § 4-23.
a. 
Applicants seeking to install up to five small wireless facilities shall pay an initial application fee of $500. An additional $100 shall be required for each small wireless facility beyond five.
b. 
An annual fee of $270 per small wireless facility per year for access to and inspection of such facilities shall be required.
Applicants seeking to install small wireless facilities within the Township, including within the public right-of-way, shall submit an application to the Township. Small wireless facilities applications shall be reviewed by the Township Mayor and Council pursuant to the following:
a. 
The Township Mayor and Council shall review applications to collocate small wireless facilities on existing structures within 60 days of receipt of the application, and applications for new construction of small wireless facilities within 90 days. "Batch" applications seeking both to collocate and to construct new small wireless facilities shall be reviewed within 90 days.
b. 
The time period for review shall be tolled during any period in which the applicant is notified that it has not submitted a complete application.
c. 
Complete applications that comply with the standards set forth in § 4-23.19 shall be granted within the applicable time period.
No license granted under this § 4-23 shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the Township for delivery of telecommunications services or any other purposes.
No license granted under this § 4-23 shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.
Unless otherwise specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of five years.
A small wireless facilities license granted under this § 4-23 shall be limited to a grant of specific public ways and defined portions thereof.
All licensees are required to obtain construction permits for small wireless facilities; provided, however, that nothing in this § 4-23 shall prohibit the Township and a licensee from agreeing to alternative plan review, permit and construction procedures, provided such alternative procedures provided substantially equivalent safeguards for reasonable construction practices and are not in derogation of any applicable provisions of the Uniform Construction Code.
a. 
A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its small wireless facilities in public ways of the Township which are not included in a license previously granted under this § 4-23.
b. 
If ordered by the Township to locate or relocate its small wireless facilities in public ways not included in a previously granted license, the Township shall grant a license amendment without further application.
A licensee that desires to renew its license under this § 4-23 shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the Township for renewal of its license which shall include the following information:
a. 
The information required pursuant to § 4-23.6 of this chapter.
b. 
Any information required pursuant to the license agreement between the Township and the grantee.
c. 
Such additional reasonable and relevant information as may be determined by the Township Mayor and Council as essential for acting upon the renewal application.
Within 90 days after receiving a complete application under § 4-23.15 hereof, the Township shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
a. 
The financial and technical ability of the applicant.
b. 
The legal ability of the applicant.
c. 
The continuing capacity of the public ways to accommodate the applicant's existing facilities.
d. 
The applicant's compliance with the requirements of this § 4-23 and the license agreement.
e. 
Applicable federal, state and local telecommunications laws, rules and policies.
f. 
Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this § 4-23, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the Township.
The regulatory fees and costs provided for in this § 4-23 are separate from, and additional to, any and all federal, state, local and Township taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.
a. 
Small wireless facilities shall be collocated on existing structures when possible. Collocation of small wireless facilities is preferred to construction of new structures intended to solely support a small wireless facility, unless the new structure is designed to conceal the small wireless facility.
b. 
Absent a showing of necessity, the following shall apply:
1. 
There shall be no more than one small wireless facility located on any single structure.
2. 
Small wireless facilities shall not be located within 1,000 feet of any existing small wireless facilities.
c. 
No new small wireless facilities shall be located within five feet of a private driveway or in a manner that would otherwise obstruct visibility from a private driveway to the public right-of-way of the exposed back of the curb or from the edge of pavement or within an easement extending onto privately owned land.
d. 
Any required accessory equipment, not including the antenna, shall be located underground to the extent possible. Accessory equipment that cannot be located underground must be located on the structure. No accessory equipment may be located on the ground adjacent to the structure. Antennas and associated equipment for small wireless facilities located in a flood zone shall be mounted on the supporting structure at or above the FEMA Base Flood Elevation plus any federal, state or local freeboard requirement or shall be located in a floodproof underground cabinet.
e. 
Any disturbance to the landscaping or improvements in the public right-of-way as a result of the construction of the small wireless facilities shall be restored to its original condition post construction to the satisfaction of the Township Engineer.
All license or franchise grantees shall, before commencing any construction in the public ways, comply with all regulations of the BPU and of the applicable state, federal and local regulations.
No licensee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the Township, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the licensee, temporarily or permanently, as determined by the Township Engineer.
No licensee nor any person acting on a licensee's behalf shall take any action or permit any action to be done which may impair or damage any Township property, public ways of the Township, other ways or other property located in, on or adjacent thereto.
Unless otherwise provided in a license agreement, no licensee nor any person acting on the licensee's behalf shall commence any nonemergency work in or about the public ways of the Township or other ways within 10 working days advanced notice to the Township.
In the event of an unexpected repair or emergency, a licensee may commence such repair and emergency response work as required under the circumstances, provided that the licensee shall notify the Township as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advanced notice is not practicable.
Each licensee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
Within 30 days following written notice from the Township, a licensee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the Township shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
a. 
The construction, repair, maintenance or installation of any Township or other public improvement in or upon the public ways.
b. 
The operations of the Township or other governmental entity in or upon the public ways.
Within 30 days following written notice from the Township, any licensee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the Township shall, at its own expense, remove such facilities or appurtenances from the public ways of the Township. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
a. 
Upon expiration or termination of the licensee's telecommunications license.
b. 
Upon abandonment of a facility within the public ways of the Township.
c. 
If the system or facility was constructed or installed without the prior grant of a telecommunications license.
d. 
If the system or facility was constructed or installed without the prior issuance of a required construction permit.
e. 
If the system or facility was constructed or installed at a location not permitted by the licensee's telecommunications license.
The Township retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the Township, as the Township may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
Unless directly and proximately caused by the willful, intentional or malicious acts by the Township, the Township shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the Township as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the Township.
a. 
When a licensee or any person acting on its behalf does any work in or affecting any public ways, other ways or Township property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the Township.
b. 
If weather or other conditions do not permit the complete restoration required by this section, the licensee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the licensee's sole expense and the licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
c. 
A licensee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle property by reason of such work in or affecting such ways or property.
Each licensee shall provide the Township with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. In addition, the licensee shall provide a computer aided design and drafting (CADD) file containing the facilities' mapping in the .dwg format. Each licensee shall provide updated maps annually unless there is no change to the previously-submitted maps.
Within 10 days of a written request from the Township Mayor and Council or Township Administrator, each licensee shall furnish the Township with information sufficient to demonstrate:
a. 
That licensee has complied with all requirements of this § 4-23.
b. 
All books, records, maps and other documents maintained by the licensee with respect to its facilities within the public ways shall be made available for inspection by the Township at reasonable times and intervals.
a. 
Unless otherwise provided in a license agreement, each licensee shall, as a condition of the license, secure and maintain the following liability insurance policies insuring both the licensee and the Township, and its elected and appointed officers, officials, agents and employees as coinsureds:
1. 
Comprehensive general liability insurance with limits not less than:
(a) 
For bodily injury or death to each person: $5,000,000.
(b) 
For property damage resulting from any one accident: $5,000,000.
(c) 
For all other types of liability: $5,000,000.
2. 
Automobile liability for owned, nonowned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident.
3. 
Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.
4. 
Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.
b. 
The liability insurance policies required by this section shall be maintained by the licensee throughout the term of the telecommunications license, and such other period of time during which the licensee is operating without a license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the Township, by registered or certified mail, of a written notice, addressed to the Township Clerk, of such intent to cancel or not to renew."
c. 
Within 60 days after receipt by the Township of said notice, and in no event later than 30 days prior to said cancellation, the licensee shall obtain and furnish to the Township replacement insurance policies meeting the requirements of this section.
Each license agreement shall include, to the extent permitted by law, the licensee's express undertaking to defend, indemnify and hold the Township and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the licensee or its affiliates, officers, employees, agents, contractors or subcontracts in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this § 4-23 or by a grant agreement made or entered into pursuant to this § 4-23.
Unless otherwise provided in a license agreement, a performance bond written by a corporate surety acceptable to the Township equal to at least 100% of the estimated cost of constructing licensee's telecommunications facilities within the public ways of the Township shall be deposited before construction is commenced.
a. 
The construction bond shall remain in force until released by the Township. The licensee may apply, in writing, for such release upon the lapse of at least 60 days after substantial completion of the work, as determined by the Township Engineer, including restoration of public ways and other property affected by the construction. The Township Engineer shall, within 45 days of receipt of the licensee's written request for release, file a written recommendation with the governing body concerning the release. The Township Mayor and Council shall take formal action on the request for release within 45 days of the filing of the Township Engineer's recommendation.
b. 
The construction bond shall guarantee, to the satisfaction of the Township:
1. 
Timely completion of construction;
2. 
Construction in compliance with applicable plans, permits, technical codes and standards;
3. 
Proper location of the facilities as specified by the Township;
4. 
Restoration of the public ways and other property affected by the construction;
5. 
The submission of as-built drawings, as well as a computer aided design and drafting (CADD) files containing the drawings in the .dwg format, after completion of the work as required by this § 4-23; and
6. 
Timely payment and satisfaction of all payments then due to the Township, all claims, demands or liens for labor, material or services provided in connection with the work.
All licensees are required to cooperate with the Township and with each other.
a. 
By February 1 of each year, licensees shall provide the Township with a schedule of their proposed construction activities in, around or that may affect the public ways.
b. 
Each licensee shall meet with the Township, other licensees and users of the public ways annually or as determined by the Township to schedule and coordinate construction in the public ways.
c. 
All construction locations, activities and schedules shall be coordinated, as ordered by the Township Engineer, to minimize public inconvenience, disruption or damages.
Ownership or control of a telecommunications system or license may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the licensee, by operation of law or otherwise, without the prior consent of the Township, which consent shall not be unreasonably withheld or delayed, as expressed by formal act and then only on such reasonable conditions as may be prescribed therein.
a. 
No license shall be assigned or transferred in any manner within 12 months after the initial grant of the license, unless otherwise provided in a license agreement.
b. 
Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.
c. 
The licensee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the Township not less than 150 days prior to the proposed date of transfer:
1. 
Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment;
2. 
All information required of a telecommunications license applicant pursuant to this § 4-23 with respect to the proposed transferee or assignee;
3. 
Any other information reasonably required by the Township.
d. 
No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this § 4-23.
e. 
Unless otherwise provided in a license agreement, the grantee shall reimburse the Township for all direct and indirect fees, costs, and expenses reasonably incurred by the Township in considering a request to transfer or assign a telecommunications license.
f. 
Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the Township under this section or pursuant to a license agreement shall be void and is cause for revocation of the license.
Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the licensee, of the ownership or working control of a telecommunications license or the ownership or working control of affiliated entities having ownership or working control of the licensee or of a telecommunications system, or of control of the capacity or bandwidth of licensee's telecommunications system, facilities or substantial parts thereof, sha