[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Licenses may be rescinded, refused, forfeited, suspended or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.
Shall mean:
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.
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:
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.
[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:
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.
[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:
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.
[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:
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.
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:
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: 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]
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]
[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:
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.
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.
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.
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:
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."
[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:
Shall mean the Board of Health of the Township of Fairfield.
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.
Shall mean the Health Officer of the Township of Fairfield,
as appointed by the Board, and his designated agents, officers and
inspectors.
Shall mean a certificate issued by the Health Officer to
a proprietor under the provisions hereof.
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:
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.
[Added 6-28-2021 by Ord.
No. 2021-10]
As used in this section, the following terms shall have the
meanings indicated:
A neighborhood gathering, or organized party, of persons
who reside on the portion of a residential street sought to be closed
for said gathering or party.
Includes the block party contact person, the applicant of the permit, the persons indicated within Subsection 4-14.3c6 and participants.
[Added 6-28-2021 by Ord.
No. 2021-10]
No person or organization shall use any public street, sidewalk
or public right-of-way for a block party in the Township without a
permit.
[Added 6-28-2021 by Ord.
No. 2021-10]
a.
A person seeking issuance of a block party permit shall file an application
with the Township Clerk, together with an application fee of $20 on
forms provided by the Township Clerk.
b.
Filing Period. An application for a block party permit shall be filed
with the Township Clerk not less than 30 days before the date on which
it is proposed to conduct the block party.
c.
Contents of Application for a Block Party Permit. The application
for a block party permit shall set forth the following information:
1.
The name, address and telephone numbers (home phone number, work
phone number and another supplemental number, such as a cell phone
number) of the person requesting the block party permit. The person
requesting the permit shall be deemed the contact person unless otherwise
specified to the Township Clerk.
2.
The name and address of any organization the applicant is representing.
3.
The proposed date and time of the block party, including the times
at which such block party will start and terminate, said termination
being no later than 10:00 p.m.
4.
The Township street where the block party is proposed, along with
any cross streets.
5.
The names, addresses, telephone numbers, blocks and lots of the property
owners for each impacted property on the street or portion of the
street where the block party is proposed.
6.
Signatures of all of those property owners indicated in Subsection 4-14.3c5, said signatures indicating consent to the proposed block party, consent to the proposed street closure, and acknowledgment that all residents shall adhere to all applicable laws, regulations and ordinances, including, but not limited to, noise ordinances, fireworks regulations, and ordinances prohibiting public consumption of alcoholic beverages.
7.
The activities planned for said block party, the estimated number
of persons participating and/or attending, and any large items, including,
but not limited to, dunk tanks, inflatable jumps, stages, and vehicles/trailers
which will be parked or placed in the street.
8.
Whether any music will be provided at the block party, either live
or recorded.
9.
The number, types and locations of all loudspeakers and amplifying devices to be used. Upon submission of an application for a block party and acceptance of the appropriate fee, the Township Clerk shall request a certified list of property owners from the Tax Assessor for the area of the proposed block party. Said list shall be kept on file with the application. The Township Clerk shall review the application for completeness and forward said application to the Chief of Police and the Township Administrator for review in accordance with Subsection 4-14.4.
[Added 6-28-2021 by Ord.
No. 2021-10]
a.
Approval of the Chief of Police.
1.
The Township Clerk shall notify the Chief of Police of the block
party application and request that the area of the proposed area be
inspected using the following criteria:
(a)
The conduct and location of the block party will not substantially
interrupt or impede the safe and orderly movement of traffic.
(b)
The conduct of the block party will not be likely to result
in damage to persons or property nor cause serious harm to the public.
(c)
The conduct of the block party will not interfere with the movement
of first aid or firefighting equipment to such an extent that adequate
fire protection cannot be provided to the Township.
(d)
Such other concerns deemed necessary in order to properly provide
for traffic control, street and property maintenance and the protection
of the public health, safety and welfare.
2.
If the Chief of Police determines that the criteria of this section
are satisfied, he or she shall sign the application, indicating whether
said application is approved and any special conditions required.
b.
Closing of Streets.
1.
The Township Clerk shall forward a block party application to the
Township Administrator, who will then forward to the Mayor and Council,
for a determination as to the closing of streets. A block party permit
shall be subject to the provisions and procedures provided herein
for the closing of municipal streets. Any permit issuance shall be
contingent upon the Township Administrator providing for the closing
of the street or streets which are the subject of the block party
application, to be determined in accordance with this section.
2.
Pursuant to N.J.S.A. 40:67-16.9, after a determination by the Mayor
and Council, the governing body, if in agreement, may authorize the
Township Administrator to provide for the closing of any Township-owned
street, or portion thereof, to motor vehicle traffic on any day or
days, or during specified hours on any day or days, whenever he/she
finds that such closing is necessary for the preservation of the public
safety, health or welfare, in accordance with the requirements provided
for herein:
(a)
The Township street proposed to be closed is a cul-de-sac, dead
end or circular street.
(b)
The portion of the street proposed to be closed is 1/2 mile
or less in length and intersected by no more than two other streets.
(c)
The speed limit on the section of the street is 25 miles per
hour or less.
(d)
The street has no more than two lanes.
(e)
The street does not have an active bus stop.
(f)
The street must be reopened by 10:00 p.m.
(g)
Proper warning signs of such closing of any street, or portion
thereof, must be posted during the time same is closed.
(h)
Prior to the issuance of any block party permit, the purpose
of the block party must be approved and authorized by the Mayor and
Township Council. The purpose for a block party shall be reserved
for gatherings that involve a reasonable amount of residents on the
street or area where the block party is taking place and/or where
the main purpose for the gathering is for local neighborhood residents
to congregate together in their own neighborhood.
(i)
The Mayor and Council shall reserve the right to waive any of
the above conditions, for any reason.
c.
Insurance and Indemnity.
1.
All applicants must provide a certificate of insurance specifically
naming the Township of Fairfield as an additional insured providing
general liability, bodily injury and property damage coverage with
minimum limits of liability not less than $1,000,000. If the applicant
is an individual and the block party is not being held on behalf of
any organization, the applicant may request a waiver of this requirement
upon a showing to the Township Administrator of undue hardship.
2.
The applicant shall agree to indemnify, defend and hold harmless
the Township, its agents, servants, representatives and employees,
from and against all losses, damages, claims, liabilities and causes
of action of every kind, or character and nature, as well as costs
and fees, including reasonable attorneys' fees connected therewith,
and the expense of investigation thereof, based upon or arising out
of damages or injuries to third persons or their property caused by
the acts, omissions or negligence of the applicant, anyone for whose
acts the applicant may be liable, or any claims arising out of or
in any manner relating to the activities permitted pursuant to this
section to the extent permitted by law. The applicant shall give the
Township prompt and reasonable notice of any such claims or actions.
3.
Any applicant that is insured by the Suburban Metro Joint Insurance Fund shall be exempt from the requirements listed in Subsection 4-14.4c1 and 2. If an organization other than the applicant will be using Township property in connection with participation in a particular event and no separate application is submitted by that organization, the organization must comply with the requirements listed in Subsection 4-14.4c1 and 2. If the additional organization(s) is also insured by the Suburban Metro Joint Insurance Fund, then that organization shall also be exempt from the requirements listed in Subsection 4-14.4c1 and 2.
d.
Other Requirements.
1.
No block party permit shall be issued if, within the last calendar
year prior to the date of the proposed block party, a block party
permit has been issued for the same street or portion of the street
which is the subject of the currently proposed block party.
2.
No block party permit shall be issued if a block party permit has
been previously issued for the same street or portion of the street
which is the subject of the currently proposed block party, and said
previously issued permit was revoked by the Township due to violations
of this section or of any applicable ordinances, laws or regulations.
3.
Block parties shall be authorized only upon Township-owned streets,
and shall not be authorized upon any street which is owned and under
the jurisdiction of Essex County, the State of New Jersey, or any
public entity other than the Township of Fairfield.
[Added 6-28-2021 by Ord.
No. 2021-10]
If all the requirements of this section for the issuance of
a block party permit have been met satisfactorily, the Township Clerk
shall issue a permit for a block party, subject to any conditions
determined by the Township Administrator to be reasonably calculated
to reduce or minimize dangers and hazards to vehicular or pedestrian
traffic and the public health, safety and welfare, including, but
not limited to, changes in time, duration or number of participants.
Upon issuance of a block party permit, the Township Clerk shall forward
a copy of said permit to the Township Administrator, the Chief of
Police, the appropriate fire chief, the road department, and water
and sewer utility department.
[Added 6-28-2021 by Ord.
No. 2021-10]
In addition to any duties of the permittee(s) which are a condition
of the block party permit as issued and any other obligations of the
permittee(s) delineated otherwise in this section, all permittees
shall:
a.
Comply with all applicable laws and ordinances.
b.
Be responsible for cleanup of any items, trash and garbage from the
street which is the subject of the permit.
c.
Require that the block party contact person or other person heading
or leading such activity shall carry the block party permit upon his
or her person during the conduct of the parade or block party.
d.
Assure that any vendors utilized during the block party are properly
licensed as required under any other ordinance or law.
[Added 6-28-2021 by Ord.
No. 2021-10]
The Township shall have the authority to revoke a block party
permit issued hereunder upon the violation of any of the standards
for issuance as set forth in this section or in the event of circumstances
endangering public health, safety and welfare.
[Added 6-28-2021 by Ord.
No. 2021-10]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine of not more than $1,000,
by imprisonment for a term not to exceed 30 days and/or by a term
of community service not to exceed 30 days. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
[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:
Shall mean any individual, corporation, partnership, association
or other entity.
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.
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]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance. No. 98-06.
[Ord. No. 99-06 § 1; Ord. No. 2013-05 § 1]
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.
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.
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.
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.
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.
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.
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.
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.
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.
Shall mean the Fairfield Township Public Works Garage located
at 230 Fairfield Road, Fairfield.
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:
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GVW - 30,000 lbs.
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GCWR - 80,000 lbs.
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Boom and winch rating - 50,000 lbs.
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Cable size - 5/8 inch
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Cable length - 200 feet
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Wheel lift retracted rating - 25,000 lbs.
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Wheel lift extended rating - 12,000 lbs.
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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.
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.
Inside storage shall have a minimum of 900 square feet.
No more than one license can be issued to a facility.
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.
Shall mean any wrecker licensed pursuant to the provisions
of this section.
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.
Shall mean a tow truck with dual rear wheels capable of towing
or wheel lifting vehicles and shall meet the following minimum standards:
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GVW - 14,000 lbs.
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Boom rating - 8,000 lbs.
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Winch rating - 8,000 lbs.
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Cable size - 3/8 inch
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Cable length - 100 feet
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Wheel lift retracted rating - 6,000 lbs.
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Extended rating - 3,000 lbs.
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Shall mean distance in miles that a tow vehicle travels while
towing a vehicle.
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:
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GVW - 18,000 lbs.
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Winch rating - 8,000 lbs.
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Cable size - 3/8 inch
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Bed length - 19 feet
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Bed width - 7 feet (inside side rails)
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Wheel lift retracted rating - 6,000 lbs.
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Wheel lift extended - 3,000 lbs.
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Shall mean a tow truck with dual rear wheels capable of towing
and wheel lifting small trucks and shall meet the following minimum
requirements:
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GVW - 18,000 lbs.
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Boom rating - 16,000 lbs.
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Winch rating - 16,000 lbs.
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Cable size - 1/2 inch
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Cable length - 200 feet
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Wheel lift retracted rating - 10,500 lbs.
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Extended rating - 8,500 lbs.
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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.
Shall mean a motor vehicle storage facility that is not completely
indoors and must meet the following minimum standards:
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.
No more than one license can be issued to a facility.
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.
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.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean the Township of Fairfield Police Department.
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 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.
Shall mean any part of a twenty-four-hour day with a new
day beginning at midnight.
Shall mean the storage housing or holding of vehicles indoors
or outdoors by a licensee under authority of this section.
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.
Shall mean any vehicle towed by a licensed tower under this
section that is left unclaimed for a period of two weeks or more.
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.
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.
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.
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.
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:
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.
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TOWNSHIP OF FAIRFIELD TOWING AND STORAGE RATE SCHEDULE
| |||
|---|---|---|---|
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A.
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Basic Towing Service (2-Axle Vehicle) Under 8,000 lbs
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$110
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1.
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Each Additional Axle $35
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2.
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Loaded Mileage Rate Outside the Boundaries of Fairfield
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$4 per mile
| |
|
B.
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Basic Towing Service (2 Axle Vehicle) 8,001-16,000 lbs
|
$245
| |
|
1.
|
Each Additional Axle
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$45
| |
|
2.
|
Loaded Mileage Rate Outside the Boundaries of Fairfield
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$5 per mile
| |
|
C.
|
Basic Flatbed
|
$125
| |
|
1.
|
Loaded Mileage Rate - Same as A or B
| ||
|
D.
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Motorcycles/Motorized Bicycles
|
$100
| |
|
1.
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Loaded Mileage Rate - Same as A
| ||
|
E.
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Heavy Duty Towing - Over 16,001 lbs
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$350 per hour
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|
1.
|
Shaft Removal
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$50
| |
|
2.
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Brake Release
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$50
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F.
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Storage Per Day
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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:
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.
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]
[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.
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:
[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]
As used in this section, the following terms shall have the
meanings indicated:
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.
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.
A dealer who conducts business intermittently within the
municipality or at varying locations.
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.
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.
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.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
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.
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.
A member of the public who sells or pawns used goods such
as precious metal, jewelry, or other secondhand goods to a dealer.
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
shall, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, and/or conduct a name search
through the NCIC database, which may require an additional fee from
the applicant.
[Amended 6-28-2021 by Ord. No. 2021-11]
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." These forms shall be issued by the Fairfield Police
Department. Any other forms created by the seller or business will
not be approved or accepted.
[Amended 6-28-2021 by Ord. No. 2021-11]
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.
11.
The receipt books will be managed and distributed by the Fairfield
Police Department. No other form of receipts created by any other
person or organization will be acceptable.
[Added 6-28-2021 by Ord. No. 2021-11]
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. The system that is authorized is the RAPID database system. Use of any other system will not be authorized without the permission of 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.
[Amended 6-28-2021 by Ord. No. 2021-11]
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.
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:
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.
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.
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:
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]
[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:
A person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership or control with
another person.
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.
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.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and
receivers.
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.
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.
Consistent with 47 CFR 1.6002(1), "small wireless facilities"
are facilities that meet the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
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;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
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;
The facilities do not require antenna structure registration
under 47 CFR Part 17; and
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).
The State of New Jersey.
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.
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.
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.
Includes every person who provides telecommunications services
over telecommunications facilities without any ownership or management
control of the facilities.
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.
The Township of Fairfield.
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.
Any perennial plant having a diameter of four inches or greater
measured at a point four feet above the ground.
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundation or supports
for overhead facilities.
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).
Any easement owned by the Township and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications 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.
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:
f.
If applicant is proposing an underground installation within new
ducts or conduits to be constructed within the public ways:
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.
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.
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:
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.
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.
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:
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.
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:
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, shall be considered an assignment or transfer requiring Township approval pursuant to § 4-23.37 hereof. Transactions between affiliated entities are not exempt from Township approval.
A license granted by the Township to use or occupy public ways
of the Township may be revoked for the following reasons:
a.
Construction or operation in the Township or in the public ways of
the Township contrary to a license grant.
b.
Construction or operation at an unauthorized location.
c.
Unauthorized substantial transfer of control of the licensee.
d.
Unauthorized assignment of a license.
e.
Unauthorized sale, assignment or transfer of the licensee's assets,
or a substantial interest therein.
f.
Misrepresentation or lack of candor by or on behalf of a licensee
in any application to the Township.
g.
Abandonment of telecommunications facilities in the public ways.
i.
Failure to pay fees and costs when and as due the Township.
j.
Insolvency or bankruptcy of the licensee.
l.
Violation of the material terms of a license agreement.
In the event that the Township Mayor and Council believes that
grounds exist for revocation of a license, it shall give the licensee
written notice of the apparent violation or noncompliance, providing
a short and concise statement of the nature and general facts of the
violation or noncompliance, and providing the licensee a reasonable
period of time not exceeding 30 days to furnish evidence:
In the event that a licensee fails to provide evidence reasonably satisfactory to the Township Mayor and Council as provided in § 4-23.40 hereof, the Mayor and Council shall provide the licensee with notice and a reasonable opportunity to be heard concerning the matter.
If persuaded that the licensee has violated or failed to comply with material provisions of this § 4-23, or of a license agreement, the Township Mayor and Council shall determine whether to revoke the license or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:
a.
Whether the misconduct was egregious.
b.
Whether substantial harm resulted.
c.
Whether the violation was intentional.
d.
Whether there is a history of prior violations of the same or other
requirements.
e.
Whether there is a history of overall compliance.
f.
Whether the violation was voluntarily disclosed, admitted or cured.
No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the Township except as provided in this § 4-23.
Telecommunications facilities shall be constructed, installed,
operated and maintained in accordance with all applicable federal,
state, and local codes, rules and regulations including the Electrical
Code currently in effect.
No person shall construct or install any telecommunications facilities within the Township without first obtaining a license therefor; provided, however, that no license shall be issued for the construction or installation of telecommunications facilities in the public ways unless the telecommunications carrier has applied for and received a license pursuant to this § 4-23.
All license applications shall be accompanied by the certification
of a professional engineer licensed in New Jersey that the drawings,
plans and specifications submitted with the application comply with
applicable technical codes, rules and regulations.
All license applications which involve work on, in, under, across
or along any public ways shall be accompanied by a traffic control
plan demonstrating the protective measures and devices that will be
employed, consistent with the New Jersey Department of Transportation
regulations, to prevent injury or damage to persons or property and
to minimize disruptions to efficient pedestrian and vehicular traffic.
The plan will be submitted to the Fairfield Township Chief of Police
for review and approval. The Township may require the applicant to
hire traffic directors (off-duty police officers) on an as-needed
basis.
The licensee shall submit a written construction schedule to
the Township Engineer 10 working days before commencing any work in
or about the public ways. The licensee shall further notify the Township
Engineer not less than two working days in advance of any excavation
or work in the public ways.
The licensee shall maintain a copy of the license and approved
plans at the construction site, which shall be displayed and made
available for inspection by the Township Engineer or his representatives
at all times when construction work is occurring.
If the license specifies the location of facilities by depth,
line, grade, proximity to other facilities or other standard, the
licensee shall cause the location of such facilities to be verified
by a licensed New Jersey land surveyor. The licensee shall relocate
any facilities which are not located in compliance with license requirements.
The licensee shall promptly complete all construction activities
so as to minimize disruption of the Township ways and other public
and private property. All construction work authorized by a license
within Township ways, including restoration, must be completed within
120 days of the date of issuance.
Within 60 days after completion of construction, the licensee
shall furnish the Township with two complete sets of plans, drawn
to scale and certified to the Township as accurately depicting the
location of all telecommunications facilities constructed pursuant
to the permit. This information shall be provided through computer
aided design and drafting (CADD) files in a .dwg file format.
Unless otherwise provided in a license agreement, all telecommunications carriers are subject to the requirements of this § 4-23.
The owner of the facilities to be constructed and, if different, the licensee, are responsible for performance of and compliance with all provisions of this § 4-23.
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08; 2-12-2024 by Ord. No. 2024-05]
As used in this section, the following terms shall have the
meanings indicated:
Any products containing 0.5 milligrams or more of any combination
of THC or adult use cannabinoids as defined herein, including delta-8
THC or delta-8-tetrahydrocannabinol, delta-10 THC. Tetrahydrocannabivarin
("THC-V"), THC-O-Acetate ("THC-O"), hexahydrocannabinol ("HHC"), or
any other cannabinoids advertised by the manufacturer or seller as
having an intoxicating effect.
Any tetrahydrocannabinols, artificially-derived cannabinoid,
or hemp product or that is not subject to regulation pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, New Jersey Compassionate
Use Medical Marijuana Act, and/or Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act, or otherwise regulated
by State law, and that is reasonably determined to have an intoxicating
effect when ingested, smoked, or otherwise consumed;
Tetrahydrocannabinolic acids that are artificially or naturally
derived;
Delta-8 THC;
Optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16, for use in cannabis products as set forth in this Act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:61-1 et
seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana
as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth
in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as
defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and
applied to any offense set forth in the "New Jersey Controlled Dangerous
Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or
hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019,
c. 238 (N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
The transportation of cannabis items and related supplies
to a consumer. "Cannabis delivery" also includes the use by a licensed
cannabis retailer of any third-party technology platform to receive,
process, and fulfill orders by consumers, which third party shall
not be required to be a licensed cannabis establishment, distributor,
or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a
certified cannabis handler performing work for or on behalf of the
licensed cannabis retailer, which includes a certified cannabis handler
employed or otherwise working on behalf of a cannabis delivery service
making off-premises deliveries of consumer purchases fulfilled by
that cannabis retailer.
Any person or entity holding a Class 6 cannabis delivery
license issued by the State of New Jersey that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
Shall mean a cannabis cultivator, a cannabis manufacturer,
a cannabis wholesaler, a cannabis retailer, a cannabis distributor
and a cannabis delivery service.
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the Honig Act and N.J.S.A. 18A:40-12.22. et al., or hemp
or a hemp product cultivated, handled, processed, transported or sold
pursuant to the "New Jersey Hemp Farming Act" N.J.S.A. 4:28-6. et
al.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
Shall mean the sale of any object containing cannabis or
a cannabis product wherein the cannabis itself is assigned no or a
below market price sales price.
Shall have the same meaning as defined in N.J.S.A. 24:6I-33
and operated in accordance with N.J.A.C. 17:30-6.7. Per statute, it
means a person or entity licensed by the State as a cannabis cultivator,
cannabis manufacturer, cannabis wholesaler, cannabis distributor,
cannabis retailer, or cannabis delivery service that may only, with
respect to its business operations and capacity and quantity of product:
employ no more than 10 employees; operate a cannabis establishment
occupying an area of no more than 2,500 square feet, and in the case
of a cannabis cultivator, grow cannabis on an area no more than 2,500
square feet measured on a horizontal plane and grow about that plane
not higher than 24 feet; possess no more than 1,000 cannabis plants
each month, except that a cannabis distributor's possession of
cannabis plants for transportation shall not be subject to this limit;
acquire each month, in the case of a cannabis manufacturer, no more
than 1,000 pounds of usable cannabis; acquire for resale each month,
in the case of a cannabis wholesaler, no more than 1,000 pounds of
usable cannabis, or the equivalent amount in any form of manufactured
cannabis product or cannabis resin, or any combination thereof; and
acquire for retail sale each month, in the case of a cannabis retailer,
no more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof. The application fee and license fee for a
microbusiness shall be 50% of the standard application and standard
license fee.
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including but not limited to, a public street, road,
thoroughfare, school, sidewalk, bridge, alley, plaza, park, playground,
swimming pool, shopping area, public transportation facility, vehicle
used for public transportation, parking lot, public library or any
other public building, structure or area.
All other terms as defined in the Act are hereby incorporated
herein by reference and shall have the meanings set forth in the Act,
as may be amended or superseded.
In addition, the following terms shall have the meanings
indicated:
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08; 2-12-2024 by Ord. No. 2024-05]
No person or entity shall operate directly or indirectly as
a Cannabis Distributor, Cannabis Manufacturer, or Cannabis Wholesaler
without first applying for and receiving a license from the Township
Administrator of the Township of Fairfield. Consequently, the Township
may or may not establish locations for the use and operation of the
three types of cannabis business licenses and operations as set forth
in the Act. Should the Township establish more than one type of cannabis
license, nothing herein shall prohibit a single owner from owning
more than one such license, provided such ownership is not prohibited
by State statute or rule. The issuance of a license under this section
is in addition to, and not in derogation of, any law of the State
of New Jersey or ordinance of the Township regulating the business
so licensed. The changes and amendments made herein to prior ordinances
are retroactive to June 10, 2021.
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08; 7-24-2023 by Ord. No. 2023-13; 2-12-2024 by Ord. No. 2024-05]
a.
The Township permits Cannabis Distributor, Cannabis Manufacturer,
or Cannabis Wholesaler cannabis businesses. Any person or entity seeking
to operate as a Cannabis Distributor, Cannabis Manufacturer, or Cannabis
Wholesaler under the provisions of this section shall (1) submit a
request to the zoning official for a zoning determination letter accompanied
by the required fee; (2) submit an application to the Municipal Clerk
accompanied by the required fee; (3) the application shall be reviewed
by the Cannabis Advisory Committee; (4) the Cannabis Advisory Committee
will advise the Governing Body to issue or not to issue a resolution
of support. The applicant has the option to apply to the Planning
Board at this time or later in the process. However, no cannabis license
shall be issued without Planning Board approval. The application shall
be on a form provided by the Municipal Clerk.
b.
The applicant shall provide sufficient documentation as necessary
to confirm compliance with the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act as well as any applicable
regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Licenses shall be issued by the Township Administrator after review
and in consultation with the Cannabis Advisory Committee. To be deemed
complete, all applications shall be accompanied by the following:
1.
Every applicant shall specify the location where the cannabis facility
will operate. Name, address of owner, applicant, property location,
including address and lot and block on the official tax map and zone
identification. A separate application shall be required for each
location at which a cannabis facility operates. The Township shall
permit the co-location of cannabis businesses at the same location
subject to State statute and regulations. All other requirements and
fees apply.
2.
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis establishment,
which proof may consist of a deed, lease, a real estate contract contingent
upon successful licensing, or a binding letter of intent by the owner
of the premises indicating an intent to lease the premises to the
applicant contingent upon applicant's receipt of a license from
the State of New Jersey.
3.
The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in the land development portion of the Township of Fairfield
Municipal Code. A letter from the appropriate zoning official indicating
that the location proposed for licensing by the applicant complies
with all applicable Township zoning laws and the location restrictions
set forth herein. The fee for the letter from the zoning official
is $100 and is non-refundable.
4.
The applicant, owner and its principals, as may be applicable, shall
submit, to the satisfaction of the Cannabis Advisory Committee, proof
of financial capability to open and operate a cannabis establishment
for which the applicant is seeking a license. Standards of proof of
financial capability shall be determined by the Township. Completed
applications shall include a business plan outlining the proposed
operations of the cannabis business.
5.
The applicant shall submit all required nonrefundable fees for the
application and license in accordance with the fee schedule.
6.
In addition to complying with any state requirement related to good
character and criminal background, any person proposed to have an
ownership interest in the license shall not have had any cannabis
license or permit revoked for a violation affecting public safety
in any state.
d.
Under no circumstances shall a local license for a cannabis business
issued by the Township be effective until or unless the State has
issued the requisite licenses to operate such a facility. It is the
intent of this section that no cannabis business may lawfully operate
in the Township without the issuance of a State license and full regulatory
oversight of the cannabis business by the Cannabis Regulatory Commission
or other state licensing authority as required by law as well as a
resolution of approval from the appropriate land use board and finally
oversight and issuance of a license by the Township.
e.
Resolutions of support shall be issued by the Governing Body. A resolution
of support issued by the Governing Body pursuant to N.J.A.C. 17:30-5.1(g)1
to a cannabis business shall expire within 18 months unless the business
has secured at least one of the annual State issued cannabis licenses
for operation of a Cannabis Distributor, Cannabis Manufacturer, or
Cannabis Wholesaler within the Township. The Governing Body may extend
the resolution of support at its discretion for an additional period
of six months for good cause, including but not limited to delays
in the processing of approvals required from State, county or other
local agencies. There shall be a fee of $2,500 for each extension
request. This provision is retroactive and resolutions of support
18 months or older from the date of issuance are hereby expired.
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08; 12-27-2023 by Ord. No. 2023-21]
The fee for a Cannabis Distributor, Cannabis Manufacturer, or
Cannabis Wholesaler License shall be $10,000. The annual renewal fee
for a Cannabis Distributor, Cannabis Manufacturer, or Cannabis Wholesaler
License shall be $10,000.
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08]
a.
Any person aggrieved by a decision of the Township denying or revoking a license or a person requesting relief pursuant to subsection 4-24.4 may appeal to the Township Council. A written notice of appeal setting forth the reasons for the appeal shall be filed within 10 days of said decision.
b.
The Township Council shall set the matter down for a hearing within
30 days of the filing of the notice of appeal. The decision of the
Township shall be in the form of a resolution at the first regularly
scheduled public meeting, after the hearing of the appeal. The appellant
may agree in writing to a later date for the decision.
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08]
The approved license or a hue copy thereof shall be maintained
on the licensed premises. The applicant shall permit the Police Department,
the Fire Marshal or other Township inspectors to inspect the site
and equipment to be used.
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08; 2-12-2024 by Ord. No. 2024-05]
A Cannabis Distributor, Cannabis Manufacturer, or Cannabis Wholesaler
license may not be transferred without application to and express
written permission of the Township Administrator. Transfer of ownership
of any local license or change of location of any license or modification
to expand a licensed premises shall also be subject to joint Governing
Body and Land Use Board review and approval as well as a new license
application and the payment of new application fees.
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08; 2-12-2024 by Ord. No. 2024-05]
a.
Pursuant to N.J.S.A. 40:48I-1, a user tax is hereby established on
any concurrent license holder, as permitted by section 33 of P.L.
2021, c. 16, operating more than one cannabis establishment. The user
tax rate shall be equivalent to the transfer tax rates provided in
paragraph a, above, on the value of each transfer or use of cannabis
or cannabis items not otherwise subject to the transfer tax imposed
pursuant to paragraph a, above, from the license holder's establishment
that is located in the Township of Fairfield to any of the license
holder's other establishments, whether located in the municipality
or another municipality. The value of each transfer or use of cannabis
or cannabis items for user tax computation shall equal the statewide
average retail price of an ounce of usable cannabis for consumer purchase,
as determined by the Cannabis Regulatory Commission, less 10% or the
third-party dispensary wholesale price, whichever is less.
b.
Pursuant to N.J.S.A. 40:481-1, a user tax is hereby established on any concurrent license holder, as permitted by Section 33 of P.L. 2021, c. 16, operating more than one cannabis establishment. The user tax rate shall be equivalent to the transfer tax rates provided in subsection a, above, on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed pursuant to subsection a, above, from the license holder's establishment that is located in the Township of Fairfield to any of the license holder's other establishments, whether located in the municipality or another municipality.
c.
The transfer tax and user tax imposed pursuant to this section shall
be in addition to any other tax imposed by law. The transfer tax or
user tax shall be stated, charged, and shown separately on any sales
slip, invoice, receipt, or other statement or memorandum of the price
paid or payable, or equivalent value of the transfer, for the cannabis
or cannabis item.
d.
The transfer tax and user tax shall be remitted to the Township's
Chief Financial Officer quarterly, on February 1, May 1, August 1,
and November 1. The Chief Financial Officer shall allow a ten-day
grace period for such payments, after which time interest shall be
charged at a rate of 8% per annum on the first $1,500 of the delinquency
and 18% per annum on any amount in excess of $1,500, to be calculated
from the date the tax was payable until the date that actual payment
to the Chief Financial Officer is made. Any transfer tax or user tax
not paid within that time, along with any interest accruing thereon,
shall be a lien on the parcel of real property comprising the licensed
cannabis establishment's premises in the same manner as all other
unpaid municipal taxes, fees, or other charges. The lien shall be
enforced as a municipal lien in the same manner as all other municipal
liens are enforced.
e.
Administration of Transfer and User Taxes. Unless otherwise determined by the Governing Body, the Chief Financial Officer is charged with the administration and enforcement of the provisions of this section and is empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter pertaining to the administration and enforcement of this section, including provisions for the reexamination and corrections of declarations and statements, and of payments alleged or found to be incorrect, or as to which an overpayment is claimed or found to have occurred, and to prescribe forms necessary for the administration of this section. The Governing Body may determine at any time, in its sole discretion, to retain an outside third-party consultant (the "outside consultant") to exercise all of duties and responsibilities of the Chief Financial Officer as set forth above, with the exception of the power of enforcement, levying of fines and penalties and entering into agreements with the State of New Jersey. In the event that the Governing Body retains such an outside consultant, the fee schedule for the outside consultant shall be presented, for informational purposes only, to the cannabis business before such audit and other work is undertaken. The cannabis business shall be responsible for reimbursement to the Township of the fees incurred by the Township to the outside consultant for services rendered in its examination of the business's accounts for the determination of tax to be paid. A copy of the invoice shall be sent to the cannabis business by the municipality after the municipality is billed for the outside consultant's work. The cannabis business shall reimburse the municipality for the outside consultant's fees and expenses within 60 days thereafter. Failure to timely reimburse the municipality shall invoke subsection 4-24.9c3 of the Township Code. Should a cannabis business fail or refuse to provide adequate information to the chief financial officer or the outside consultant to determine the amount of tax due, the Chief Financial Officer or the outside consultant may use information provided from other sources (i.e., the NJ Cannabis Regulatory Commission or NJ Department of Treasury) to determine the amount of tax liability, and the licensee shall be subject to the penalties set forth in subsection 4-24.9c3 (suspension section) of the Township Code.
f.
The Chief Financial Officer or the outside consultant, as applicable,
is hereby authorized to examine the books, papers and records of any
taxpayer to verify the accuracy of any declaration or financial statement,
or if no declaration or financial statement was filed, to ascertain
the tax due. Every taxpayer is hereby directed and required to give
to the Chief Financial Officer, or to the outside consultant, as applicable,
the means, facilities and opportunity for such examinations and investigations,
as are hereby authorized or otherwise permitted by law.
g.
Returns and records filed by a licensee, and the records and files
of the Chief Financial Officer or the outside consultant, as applicable,
respecting the administration of the Transfer and User Tax, shall
be considered confidential and privileged and neither the Chief Financial
Officer nor any employee or outside consultant engaged in the administration
thereof or charged with the custody of any such records or files,
nor any former officer or employee, nor any person who may have secured
information therefrom shall divulge, disclose, use for their own personal
advantage, or examine for any reason other than a reason necessitated
by the performance of official duties any information obtained from
the said returns, records or files or from any examination or inspection
of the premises or property of any person, or to an officer of a public
entity for a reason authorized by N.J.S.A. 54:50-9. Neither the Chief
Financial Officer nor any employee or outside consultant engaged in
such administration or charged with the custody of any such returns,
records or files shall be required to produce any of them for the
inspection of any person or for use in any action or proceeding except
when the records or files or the facts shown thereby are directly
involved in an action or proceeding to collect or challenge the assessment
of Transfer or User Taxes hereunder, or where the determination of
the action or proceeding will affect the validity or amount of the
claim of the Township hereunder, or in any lawful proceeding for the
investigation and prosecution of any violation of this section or
of the criminal provisions of the State Uniform Tax Procedure Law
or of any State tax law, or where production is required pursuant
to the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1, et seq.)
or the Common Law, or the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16) or
other applicable law.
h.
Recordkeeping, Tax Payments and Financial Statements. Requirement
to Keep Records, Taxpayers liable for the transfer and/or user tax
are required to keep such records as will enable the filing of true
and accurate financial statements of the tax and such records shall
be preserved for a period of not less than three years from the filing
date or due date, whichever is later, in order to enable the Chief
Financial Officer or any agent designated by him to verify the correctness
of the declarations or financial statements filed. If records are
not available in the Township to support the financial statements
which were filed or which should have been filed, the taxpayer will
be required to make them available to the Chief Financial Officer
either by producing them at a location in the municipality or by paying
for the expenses incurred by the Chief Financial Officer or his agent
in traveling to the place where the records are regularly kept.
i.
Tax Payments and Financial Statements. All cannabis establishments
operating in the Township shall be required to file a transfer and/or
user tax statement with the Chief Financial Officer to report their
sales during each calendar quarter and the amount of tax in accordance
with the provisions of this section. Financial statements shall be
filed and payments of tax imposed for the preceding calendar quarter
shall be made on or before the last day of April, July, October, and
January, respectively. A taxpayer who has overpaid the transfer tax,
or who believes it is not liable for the tax, may file a written request
on an amended financial statement with the Chief Financial Officer
for a refund or a credit of the tax.
[Added 10-25-2021 by Ord.
No. 2021-17; amended 8-22-2022 by Ord. No. 2022-08; 2-12-2024 by Ord. No. 2024-05; 2-12-2024 by Ord. No. 2024-05]
a.
This section shall be enforced by the Code Enforcement Officer and/or
their designee.
b.
Jurisdiction. Violations of this section shall be adjudicated in
the Fairfield Municipal Court. This section shall not affect the judicial
proceedings of any other aspect of cannabis use in the Township of
Fairfield.
c.
Penalties. Convictions shall result in the following penalties:
1.
First Offense and Subsequent Offenses. A mandatory fine shall be
imposed in an amount of $5,000 per day per violation. In addition
to the mandatory fine, the following penalties may be imposed in the
discretion of the Municipal Court Judge:
2.
Each and every day of the violation shall be construed as a single
and separate offense.
3.
Summary suspension. Notwithstanding the foregoing, when the Township
Administrator has been notified of a third conviction by a licensee,
has reasonable grounds to believe that a licensee has engaged in deliberate
and willful violation of any applicable law or regulation, or that
the public health, safety, and/or general welfare has been jeopardized
and requires immediate action, or in circumstances where the licensee
has failed to reimburse the municipality for outside third party consultant
fees in a timely manner as set forth herein or if the corresponding
State license for the subject location is expired, surrendered, suspended,
or revoked, the Township Administrator in consultation with the Cannabis
Advisory Committee may enter a summary suspension order which immediately
suspends the licensee's license to operate and schedule a hearing
as follows:
(a)
The summary suspension order shall be in writing, shall state
the reasons therefor, and shall schedule a hearing not less than 10
nor more than 30 days from the date of the order. The order shall
be served upon the licensee immediately.
(b)
The Township Administrator in consultation with the Cannabis
Advisory Committee shall convene the Committee to conduct the hearing.
The licensee shall be permitted to appear at the hearing, along with
counsel, if so desired. The licensee must notify the Township Administrator
at least five days' prior to the hearing if the licensee plans
to bring counsel to the hearing. At the conclusion of the hearing,
the Cannabis Advisory Committee may lift the suspension order and
reinstate the license in cases where the licensee has taken sufficient
immediate actions to rectify the violation(s) which were the cause
of the summary suspension order. Alternatively, the Cannabis Advisory
Committee may impose any fines, conditions, restrictions, suspensions,
revocations or combination thereof as warranted.
(c)
Inactive licenses. Following the commencement of operations
by a cannabis business, the Township Administrator may suspend or
revoke any license if the licensed premises has been inactive or unoccupied
by the licensee for at least six months.
4.
State license. The Township Administrator may suspend or revoke any
locally-issued license if the corresponding State license for the
subject location is expired, surrendered, suspended, or revoked.
[Added 2-12-2024 by Ord. No. 2024-05]
a.
It shall be unlawful and a violation of this section to sell, or
offer for sale, or distribute any adult use cannabinoid item to an
individual under the age of 21 years.
b.
Any person who sells any adult use cannabinoid items and who has
reasonable cause to believe that a person who attempts to purchase
the product is under 21 years of age shall require that the purchaser
present identification that indicates his or her age.
c.
A person may only sell adult use cannabinoid items products in a
direct, face-to-face exchange between the retailer and the consumer.
Self-service displays, vending machines, and delivery of adult use
cannabinoid items are prohibited.
d.
In addition to the authority and powers conferred herein, the health
officer is authorized to suspend or revoke any license issued to a
license holder in violation of any of the provisions of this section.
No suspension or revocation shall take place prior to the license
holder having an opportunity to be heard upon at least 10 days'
notice.
[Added 2-12-2024 by Ord. No. 2024-05]
a.
Hours of operation.
1.
The hours of operation of vehicles on the premises of a cannabis
business with a gross vehicle weight rating of 25,000 lbs, or greater
for Classes 2 through 4 licensees shall be limited from 7:00 a.m.
to 7:00 p.m., inclusive, unless, as part of a site plan application
and for good cause shown and mitigation of noise, appropriate access
and site layout, an extended period, not to exceed 14 hours total
in any day, is approved by the Planning Board.
2.
Such hours shall be construed to mean Eastern Standard Time or Eastern
Daylight Savings Time; whichever time shall be in effect within the
Township of Fairfield.
b.
Prohibited Consumption. The consumption of cannabis items through
smoking, vaping, aerosolizing or other means (e.g., edibles) is prohibited
within or on the grounds of any licensed cannabis establishments within
the Township of Fairfield.
c.
Security. All structures shall be designed, using safety and security
barriers, to prevent the unlawful and unauthorized entry into the
structures as prescribed by State law.
1.
There shall be controlled access to the site, with 24/7 on-site video
monitoring of the exterior and interior of the facility. Video records
shall be retained and stored for the period prescribed by State law,
but in no case shall such video be retained and stored for less than
30 days.
2.
Any site plans, construction plan, reports and similar documents
depicting or describing access and security details information concerning
the facility shall be deemed and protected as confidential security
documents and exempt from disclosure as public records.
d.
Emergency Power. All licensed cannabis establishments services shall
have a backup generator, capable of maintaining, at a minimum, all
electronic security systems and odor control systems in the event
of a power failure for a period of at least 48 hours. Outside generators
and other mechanical equipment used for any kind of power supply,
cooling, or ventilation shall be enclosed and have appropriate baffles,
mufflers, and/or other noise reduction systems to mitigate noise pollution.
e.
Enclosed Building. All cannabis establishments, as may be permitted
within the Township, shall take place within an enclosed building.
Any facility that is not the sole occupant of its building shall have
no internal doorways, windows, or utility chases in common with other
spaces in the building and shall have a separate HVAC system (which
incorporates odor control) solely for the cannabis business.
f.
Pollen and Seed Control. Any cannabis business shall implement measures
to prevent cross-pollination and to prevent cannabis pollen and seeds
from leaving the premises, which may include, but not limited to,
use of pollen screens, ultraviolet light and other methods to ensure
that employees, customers, vendors and other persons on site do not
leave the premises while carrying any cannabis pollen or seeds knowingly
or unknowingly.
g.
Fencing. All fencing or walls, if required, installed for security
purposes shall be at least six feet in height. Such security structure
may be extended in height as approved on a site plan by the Planning
Board.
h.
Site Management. Any cannabis business shall properly store and dispose
of all waste generated on the site, including chemical and organic
waste, in accordance with all applicable laws and regulations. No
cannabis business shall dispose of cannabis or cannabis products unless
they have been made unusable and unrecognizable.
i.
Noise. All cannabis business facilities shall operate in compliance
with state, county, and local noise laws and regulations, except in
emergency situations requiring the use of a backup generator.
j.
Odor. All cannabis business facilities shall utilize available technology
to filter and recirculate air, so that odors are not discernable by
a reasonable person beyond the property line. Such determination shall
be supported by such exhibits, submissions and expert testimony in
a development application before the Planning Board for site plan
approval to which the approving authority may attach reasonable conditions.
The Planning Board may engage such experts as needed to evaluate the
submissions made by the applicant in accordance with the procedures
set forth in N.J.S.A. 40:55D-1, et seq.
k.
Site Plan and Other Necessary Land Use Approvals. All applicants
for a license to operate a cannabis business within the Township shall
be required to apply for and obtain site plan approval and any other
necessary land use approvals from the Planning Board.
l.
Host Community Agreement. Any applicant for a license to operate
a cannabis business within the Township shall be required to enter
into a host community agreement with the Township after obtaining
all approvals to (i) address on- or off-site impacts reasonably anticipated
because of the nature of the business and/or the property on which
such business is proposed to be located as a condition of local land
use approval, and (ii) memorialize an applicant's commitment
to the community and the Township.
m.
No outdoor storage of cannabis shall be permitted.
n.
No pictures, photographs, or drawings of cannabis or cannabis paraphernalia
shall appear on the outside of any licensed premises nor be visible
outside of the licensed premises on the licensed property. The word
"marijuana," and any other words used or intended to convey the presence
or availability of marijuana, shall not appear on the outside of the
licensed premises nor be visible outside of the licensed premises
on the licensed property. Any signage must first be approved by the
Building Department or Planning Board, as applicable.
[Added 2-12-2024 by Ord. No. 2024-05]
a.
A Township Cannabis Advisory Committee (CAC or Committee) as appointed
below will function as the body for local review for the Township
for all cannabis establishments but the authority and responsibility
to adopt a resolution of support remains with the Governing Body.
The Township Administrator shall engage with an applicant granted
a resolution of support and after all other approvals for a host community
benefits agreement which must be approved by the Governing Body. Under
all circumstances in which State law requires communication to the
Township by the Cannabis Regulatory Commission or any other State
agency with regard to the licensing of cannabis establishments by
the State, or in which State law requires any review or approval by
the Township of any action taken by the State licensing authority,
the exclusive authority for receiving such communications shall be
communicated through the Township Administrator's office upon
recommendation by the Township's Cannabis Advisory Committee
and authorized by the Township's Governing Body.
b.
To the extent necessary and in their sole discretion, the Committee
shall be supported by other legal and planning professionals. The
Committee may request additional resources as necessary to effectuate
the responsibilities of the Committee. The applicants shall deposit
and fund an escrow in the amount of $2,500 for the costs of said professionals.
If the Township must hire one or more consultants to evaluate a first-time
or renewal application for a license, the applicant will be responsible
for the review fees of the Township's hired consultant(s). To
the extent that the escrow is exhausted, the applicant shall provide
any replenishment amount required by the Committee within 10 days
of a replenishment request by the Committee.
c.
Duties of the Committee will be to advise the Governing Body as to
the issuance of a Resolution of Support and local cannabis license
within the Township. The Committee's work shall be made consistent
with the criteria outlined in this section but has discretion to deviate
from same. All applications shall be evaluated by the Cannabis Advisory
Committee. The Committee shall evaluate all applications and issue
to the Governing Body a recommendation as to the issuance of a resolution
of support or a rejection of the application. The Cannabis Advisory
Committee pursuant to this subsection shall prepare a memorandum addressed
to the Mayor and Council recommending whether to grant or deny each
completed application. The recommendation shall be made after consideration
and evaluation of the following criteria:
1.
The applicant's owners' or principals' qualifications
and experience operating in highly regulated industries, including
but not limited to, cannabis, pharmaceutical manufacturing, or secured
transportation with preference to experience operating such businesses
within the State of New Jersey and where the value of the owners'
experience shall outweigh the experience of non-owner principals.
2.
The applicant's qualifications and experience related to public
safety and security, including any of the applicant's owners'
or principals' experience in securing controlled substances or
valuable items. Applicant shall submit a summary of the applicant's
plans for storage of products and currency, physical security, video
surveillance, security personnel, and visitor management as well as
training plans.
3.
The status of the applicant's control over the premises at the
proposed location, and specifically whether the applicant owns or
has executed an agreement to lease or purchase the site.
4.
The extent of the applicant's ties to the community as measured
by residency in Fairfield by employees, managers and/or shareholders,
historical operation of a local business, historical ties to Fairfield
or area civic organizations and/or charities.
5.
Summary of the applicant's environmental impact and sustainability
plan.
6.
Any other information that the applicant may wish to highlight and
bring to the Township's attention regarding the proposed cannabis
business operation and/or the owners, principals or employees of the
business.
[Added 2-12-2024 by Ord. No. 2024-05]
Operation of any prohibited or unpermitted cannabis business
operation within the municipality in violation of the provisions of
this section is hereby declared a public nuisance and shall be abated
pursuant to all available remedies.
[Added 2-12-2024 by Ord. No. 2024-05]
No person shall gift cannabis in the Township of Fairfield as
part of a sale of another item or items and shall be abated pursuant
to all available remedies. Gifting is the knowing circumvention of
the state's cannabis laws by "gifting" cannabis in exchange for
non-cannabis-related purchases such as overpriced cookies, brownies,
jars, stickers and any other items.
