Township of Neptune, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 1576 § 1; Ord. No. 04-50 § 1]
It shall be unlawful for any person, firm, corporation or other business entity to commence or carry on any profession, trade, business, calling, soliciting, canvassing, peddling, hawking, or any itinerant merchant or transient vending occupation or business (hereinafter inclusively referred to as "occupation") in the Township of Neptune (the "Township"), in the County of Monmouth, State of New Jersey, without first having procured a mercantile registration from the Township authorizing such occupation to conduct such business in the Township. An applicant conducting an occupation at one (1) or more locations shall be required to obtain a mercantile registration for each address, building, building unit (unless connected by a common interior door and used for the same occupation), property, structure or premises to conduct such occupation. Noncompliance with any and all of the provisions of this chapter, or any other ordinance adopted by the Township being in full force and effect, shall constitute a separate and distinct violation for each and every day that such occupation continues to be conducted without procuring a mercantile registration. Neptune Township Code Enforcement and the Neptune Township Police Department, or any of their designated representatives, shall enforce the mercantile registration, and the codes and regulations adopted herein, in all buildings, structures and premises within the established boundaries of Neptune Township, excluding one-family owner-occupied structures. The applicant shall also faithfully comply with the requirements of the Uniform Fire Safety Act, Uniform Fire Code and any and all other ordinances adopted by the Township, or any regulations, statutes, laws, codes or otherwise enforceable by the Township of Neptune, County of Monmouth, State of New Jersey, United States of America or any other governmental entity who may have authority to regulate the applicant's business.
[Ord. No. 1576 § 2]
When used in this chapter, the following terms shall have the following meanings:
BUSINESS
Shall mean, for the purpose of this chapter, any person, whether as principal or agent, clerk or employee, either for himself/herself or any other person, or for any body corporate or an officer of any corporation or otherwise, shall be deemed engaging in business and subject to the provisions of this chapter when he or she does one (1) act of selling any goods or service or soliciting business or offering goods or services for sale or hire or acquiring or using any vehicle, machine or device, or any land or premises in the Township for business purposes.
PEDDLER OR HAWKER
Shall mean and include any person, whether a resident of the Township or not, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and delivering articles to purchasers.
SOLICITOR OR CANVASSER
Shall mean and include any person, whether a resident of the Township or not, who goes from house to house, from place to place or from street to street, soliciting or taking or attempting to take orders for sale of services, goods, wares or merchandise, including magazines, books, periodicals, photographs or personal property of any nature whatsoever for future delivery or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject for such order or whether or not he or she is collecting advance payments on such orders.
ITINERANT MERCHANTS OR TRANSIENT VENDORS
Shall mean and be defined in the category of hawker, peddler, solicitor, canvasser or junk dealer, as herein set forth.
PERSON
Shall mean and include any firm, partnership, partner, corporation or corporations, or persons. This chapter shall also include any person who distributes circulars or any other matter from house to house in the Township.
SALE
Shall mean any act wherein any person transfers to a customer goods, wares, merchandise, food or services in the ordinary course of their business and shall include not only the act of selling but also the opportunity to display goods and to interact with potential customers.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 1576.
[Ord. No. 04-50 § 1]
It shall be the duty of the Township Registration Officer to review applications and approve or deny registrations under this chapter for every person, firm, corporation or other business entity required to pay a registration hereunder. The registration shall set forth the fee and the calendar dates for which such shall be effective. The registration shall also state the name of the person, firm, corporation or other business entity to whom the registration was issued; the categorization of the occupation; and the address, location or place of business where such occupation is permitted.
[Ord. No. 04-50 § 1]
Unless otherwise specifically provided for herein or written in the registration, no registration granted or issued under the provisions of this chapter shall be transferred or assigned to any other person, firm, corporation or other business entity, other than as set forth in the registration. It is a violation of this chapter if any other person, firm, corporation or other business entity conducts the same or different occupation at the same or any other address without first obtaining a registration required under this chapter.
[Ord. No. 04-50 § 1]
A registration may, with approval from the Township Registration Official, be transferred by the person, firm, corporation or other business entity named therein to a different location in the event of removal from the place designated on said registration. A fee of twenty-five ($25.00) dollars shall be paid for any request to transfer the registration from one (1) location to another. Transfers shall only be valid if approved and signed by the Township Registration Officer.
[Ord. No. 04-50 § 1]
Registration shall be posted and exhibited in a conspicuous part of the place of business, and readily visible by consumers and Township officials. Every person, firm, corporation or other business entity who has a registration, without having a fixed place of business, shall carry such registration with him at all times while conducting the business for which the same was granted. Every person, firm, corporation or other business entity with a registration under the provisions of this chapter shall produce and exhibit the same whenever requested to do so by any Township Police Officer, the Township Registration Officer or by any other Township official authorized to inspect registrations.
[Ord. No. 04-50 § 1]
An applicant shall pay a fee of ten ($10.00) dollars for each duplicate registration requested to replace any registration issued under the provisions of this chapter. In no case shall any error made by the Township Registration Officer in calculating the amount of a registration fee prevent or prejudice the collection by the Township of Neptune of the amount which shall be actually due from anyone carrying on a business subject to a registration under this chapter.
[Ord. No. 04-50 § 1]
No refund shall be made for a mercantile registration application fee as a result of denial or withdrawal of any registration application.
[Ord. No. 04-50 § 1]
The payment of a registration fee required by this section, it's acceptance by the said Township, and the issuance of a mercantile registration shall not entitle or authorize the holder thereof to carry on any business in the Township of Neptune if such business would violate any ordinance of the Township of Neptune, or any statute, rule, regulation or otherwise promulgated by the United States of America, the State of New Jersey, County of Monmouth, Township of Neptune or other governmental entity.
[Ord. No. 04-50 § 1]
Every person, firm, corporation or other business entity required to register under this chapter shall comply with all laws of the State of New Jersey and ordinances of the Township of Neptune relating and pertaining to the preservation and protection of the lives, health, morals and general welfare of the citizens and visitors of the Township. For that purpose, the person, firm, corporation or other business entity hereby authorizes the Township Registration Officer, Code Enforcement Supervisor, Health Officer, Fire Inspector, Police Officer or any of their designated representatives to conduct inspections of any structure, building or premises at reasonable hours to ensure compliance with this chapter. Upon completing such inspections, it shall be the duty of those Township officials or their designated representatives to report to the Township Committee any violation of any laws of the State of New Jersey or of the Ordinances of the Township of Neptune, relating to the preservation and protection of the lives, health, morals and general welfare of the citizens and visitors in the Township. The Township Committee shall order and direct said officers forenamed to take such actions as they deem necessary and lawful to remedy and correct any violation.
[Ord. No. 04-50 § 1]
When any person, firm, corporation or other business entity applies for a registration to conduct any business which is not then being conducted at the building, land or premises for which the registration is sought, the Township Registration Officer shall first require the applicant to apply for a zoning permit with the Township Zoning Officer, to determine if the use is a permitted use in accordance with all applicable zoning ordinances or a continuation of a preexisting, nonconforming use at the building, land or premises, which has been grandfathered as a continuous use. If it is determined by the Zoning Officer that the proposed use does not comply with the zoning ordinance or it jeopardizes or constitutes a menace to the lives, health, morals, safety or general welfare of the citizens and visitors of the Township of Neptune, the Township Registration Officer shall refuse to issue the mercantile registration. Any denial or other action taken by the Township Registration Officer may be appealed within fifteen (15) days from the date of denial or action by the Township Registration Officer. Appeals may be made to the Township Committee who shall, after notice and hearing, determine whether the action of the Township Registration Officer shall be affirmed or reversed.
[Ord. No. 04-50 § 1; Ord. No. 10-29 § 1]
All registration fees shall be paid in advance of any determination by the Township Registration Officer, and shall be tendered in lawful money of the United States at the office of the Mercantile Registration Officer of the Township of Neptune. All annual registrations shall date from the first day of January and expire on the last day of December of each year. The registration fee shall be one-half (1/2) of the registration fees contained herein for any new registration applied for after September 1st of the current licensing year. No greater or lesser amount of money shall be received for any registration than is provided in the section, and no registration shall be issued for any period of time other than as provided herein. There will be a late fee penalty of ten ($10.00) dollars for each registration not received by January 31 of the current registration year.
[Ord. No. 04-50 § 1]
Home occupations are permitted occupations set forth in the Neptune Township Zoning Ordinance or other applicable Township Ordinances that are incidental to residential use of the premises and are conducted in the main building by a resident of the premises without assistance from nonresidents. Such occupations may not occupy more than thirty (30%) percent of the floor area of one (1) floor of the main building.
Registration for home occupations shall prohibit the following:
a. 
Client appointments shall not be conducted at the home.
b. 
Frequent deliveries of merchandise shall not be accepted at the home.
c. 
Nonresident employees shall not work at the home.
d. 
Displaying goods or signs on the residence or grounds to identify the occupation shall not be permitted.
e. 
Storing hazardous materials in the home or on the grounds shall be prohibited.
f. 
Storing large equipment or supplies on the grounds of the residence shall be prohibited.
Any behavior or activity related to operating the home occupation that disturbs the quiet demeanor of the residential area will be cause for the Mercantile Registration Officer to give notification, in writing, to the Township Committee to schedule a hearing for review of compliance or noncompliance with the regulations for operating a home occupation as cited in this chapter or any related ordinance.
[Ord. No. 1576 § 13 [1]]
Any person residing within the boundaries of the Township, soliciting orders for the sale of any goods, printed matter or merchandising and causing said goods, printed matter or merchandise to be delivered from any point within or outside the limits of the State of New Jersey to the solicitor's place of residence for distribution; or if in the residence, all or part of the records or monies pertaining to the goods, printed matter or merchandise, are maintained for any period of time, that person shall, for the purposes of this section, be deemed as having established, in effect, a situs of business, upon the premises or buildings of which it shall be unlawful to place any sign advertising same, if in a residential zone; and the solicitor, therefore, shall be considered as not engaged in interstate commerce and thus subject to the provisions of this section.
[Ord. No. 1576 § 13 [2]]
It shall be unlawful for any hawkers, peddlers, canvassers, solicitors or junk dealers, as defined in this section, to engage in any such business or operations in the Township without having first obtained a license therefor, in compliance with the provisions of this section and in any event, only in accordance with the terms and provisions of this section and only in parts or locations of the Township as permitted herein.
[Ord. No. 1576 § 13 [3]]
The terms of this section shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, and nothing contained herein shall be held to prohibit any sale required by Statute or by order of any Court.
[Ord. No. 1576 § 13 [4]]
Applicants for a license under this section must file with the Township License Officer a sworn application in writing which shall give the following information:
a. 
Name and physical description of applicant.
b. 
Complete permanent home and local address of the applicant.
c. 
Birth date of applicant.
d. 
Social Security Number.
e. 
A description of the nature of the business and the goods, services or wares to be sold.
f. 
If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship.
g. 
The length of time for which the right to do business is desired and the days of the week and the hours of the day within which the business will be conducted.
h. 
The source of supply of the goods or property or services proposed to be sold, where such goods, services or products are located and the method of delivery.
i. 
Appropriate evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
j. 
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or violation of any Municipal ordinance other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor.
k. 
The applicant shall be fingerprinted by the Neptune Township Police Department who shall determine whether the fingerprints are necessary for proper identification, which fingerprint records shall be immediately processed for classification and identification. The applicant shall also have two (2) photographs taken by the Neptune Township Police Department providing one (1) photograph to the License Officer and attaching one (1) photograph to the original application. The applicant shall provide a twelve ($12.00) dollar money order payable to "NJ State Police" for the fingerprinting process and pay four ($4.00) dollars to Neptune Township Police Department for the photographs. These fees are in addition to any other fees set forth herein.
l. 
At the time of filing the application, a fee of two hundred ($200.00) dollars shall be paid to the License Officer to cover the cost of investigation of the facts stated therein as to the original applicant. There shall be an additional charge of twenty-five ($25.00) dollars for each and every additional solicitor, canvasser, peddler, hawker, itinerant merchant or transient vendor requiring such investigation under one general application.
m. 
No license shall be issued until the application shall have been approved by the Police Department, allowing adequate time for investigation of the facts set forth in the application.
n. 
An application by a partnership shall be signed by all partners with foregoing provisions of this section, answered in detail as to each partner, and applications of corporations shall have attached thereto individual statements in accordance with all of the provisions of this section relating to every employee, agent, or servant who shall act as a solicitor and signed by each such agent, servant or employee and full compliance herewith by each of the individuals.
[Ord. No. 1576 § 1 [5, 6]]
a. 
Any person, organization, society or association desiring to solicit or have solicited in its name, money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Township for a charitable, religious, patriotic or philanthropic purpose shall be exempt from provisions of subsections 4-4.4 and 4-4.7, provided there is filed a sworn application in writing with the License Officer which shall give the following information:
1. 
Name and purpose of the cause for which the permit is sought.
2. 
Names and addresses of the officers and directors of the organization.
3. 
Period during which solicitation is to be carried on.
4. 
Whether or not any commission, fees or emoluments are to be expended in connection with such solicitation and the amount thereof.
5. 
Name and address of each agent or representative employed or affiliated with such organization, society, association or corporation.
6. 
Name of owner of property where solicitation is to be held.
b. 
Upon being satisfied that such person, organization, society or association is a religious, charitable, patriotic or philanthropic organization and that the agents or representatives who shall conduct the solicitations are of good moral character and reputation, the License Officer shall issue a permit without charge to such organization, association or corporation to solicit in the Township. Such organization, association, society or corporation shall furnish all its members, guests or representatives conducting solicitation, credentials in writing stating the name of the organization, name of the agent and purpose of solicitation.
1. 
Each application shall be referred to the License Officer who shall immediately institute such investigation of applicant's business and moral character as he/she deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section, within a reasonable period of time after it has been filed by the applicant.
2. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory or the product or services are not free from fraud, the License Officer shall endorse on such application his/her disapproval and his/her reasons for the same and no license shall be issued.
[Ord. No. 1576 § 13 [7]]
Every applicant for a license under this section shall pay a license fee of twenty-five ($25.00) dollars.
a. 
Any veteran who holds a special State license issued under the laws of the State of New Jersey, shall be exempt from securing a license as provided herein for hawking and peddling, but shall be required to comply with, all other provisions of this section applicable and shall be required to procure from the License Officer a special Veteran's Permit which shall be issued by the License Officer upon proper identification.
b. 
Any person to whom a valid mercantile license shall have been issued under provisions of laws other than the within section shall be exempt from securing a license as provided in this section, but said person or said person's employees, agents or servants shall be required to comply with all other provisions of this section and shall be required to procure from the License Officer a permit upon proper identification and compliance herewith.
[Ord. No. 1576 § 13 [8]]
Every person, society, association or organization to which a license is issued under the terms of this section shall be governed by the following rules and regulations:
a. 
All circulars, samples or other matter shall be handed to an occupant of the property and not left on or about the same.
b. 
No person subject to the provisions of this section shall canvass, solicit or distribute circulars or other matters or call from house to house except during the hours of 9:00 a.m. through 8:00 p.m., Monday through Saturday from May 1 to September 30 and 9:00 a.m. to 5:00 p.m. Monday through Saturday, from October 1 through April 30. No commercial solicitation, distribution or canvassing is permitted on Sunday in the Township.
c. 
No person subject to the terms of this section shall enter or attempt to enter the lands of any resident in the Township without an express invitation from the occupant of the house.
d. 
No person subject to the terms of this section shall conduct themselves in such a manner as to become objectionable to or annoy an occupant of any house.
e. 
Licensees are required to exhibit their certificate of license at the request of any citizen or member of Police Department.
f. 
All vending units shall not be permitted to be in use and shall be off the streets and sidewalks of the Township during the period from 9:00 p.m. to 9:00 a.m. daily.
g. 
All vending units must be on wheels and mobile.
h. 
No vending unit or motor vehicle shall be left unattended for any reason on the streets or sidewalks of the Township.
i. 
There shall be no sale of food or beverage for immediate consumption unless the vendor has made available for the public use a litter receptacle which is available for use by his patrons.
j. 
No vendor shall leave any location without first picking up, removing or disposing of all trash or refuse remaining from the sales made by him/her. He/she shall not sweep into or deposit any accumulation of litter into any gutter or street.
k. 
No vendor shall allow any items relating to the operation of the vending business to be placed anywhere other than in or on the vending unit.
l. 
No vendor shall set up, maintain or permit the use of any table, crate, carton or rack or other device to increase the selling or display capacity of his unit or motor vehicle. There shall be no stacking of items to be sold upon any sidewalk or street. All materials and/or merchandise must be located solely on the vending unit.
m. 
No vendor shall solicit or conduct business with persons in motor vehicles. All sales are to be conducted from the curbside of the vehicle and only to pedestrians.
n. 
No person shall sell anything other than such commodities described in his/her application.
o. 
No vendor shall use any device which produces a loud or raucous noise or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public.
p. 
No hawker, peddler or vendor shall have any exclusive right to any location in the public streets, nor shall be/she be permitted to operate in any congested area where his/her operation might unreasonably impede the public. A license to hawk, peddle or vend granted under this chapter does not authorize the display or sale of merchandise from a fixed location. The display or sale is hereby prohibited.
q. 
No person shall hawk, peddle or vend unless he/she has in his/her possession a valid State license, issued pursuant to Title 45, New Jersey Statutes Annotated, and his/her registration card.
r. 
No vendor vending from a motor vehicle shall conduct his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to an adequate access for fire, police or sanitation vehicles. No vendor vending from a motor vehicle shall stop, stand or park his/her vehicle on any street for the purpose of selling or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by Statute or ordinance. No vendor vending from a motor vehicle shall remain in any one place for a period longer than necessary to make his/her sale as defined herein after having approached or stopped for that purpose.
s. 
All vending units must be thoroughly covered with proper material to assure that no portion that is heated is exposed where the public is able to come in contact with it.
t. 
No vendor shall use any conveyance, device or thing whatsoever which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee.
u. 
No vendor shall stop, stand, park, place nor allow his/her conveyance closer than fifty (50') feet to any other location being used by any other vendor.
v. 
There shall be no mixing of food and non-food items for sale.
w. 
Any vending unit shall not park, even temporarily, in any no-parking area or yellow curbed area within this municipality.
x. 
Any vending unit operating within the municipality shall not remain in any fixed location for more than five (5) minutes from its last sale to any patron. When operating within the Township, such mobile vending unit shall park only in areas where automobiles are permitted to park and shall begin the sale of foodstuffs within five (5) minutes of the time it so parks and shall leave that location within five (5) minutes of its last sale to pedestrian patrons using the food service.
[Ord. No. 1576 § 13 [9]]
The Chief of Police shall report to the License Officer all convictions for violation of this section and the License Officer shall maintain a record for each license issued and record the reports of violations therein.
[Ord. No. 1576 § 13 [10]]
a. 
Licenses issued under provisions of this section may be revoked by the Township Committee of the Township of Neptune, in the County of Monmouth after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation or a material incorrect statement contained in the application for license.
2. 
Fraud, misrepresentation or a material incorrect statement made in the course of carrying on his/her business as solicitor, canvasser or peddler.
3. 
Any violation of this section.
4. 
Conviction of any crime or misdemeanor.
5. 
Conducting the business of peddler, canvasser or solicitor, as the case may be, in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of the hearing for the revocation of a license shall be given by the Township Clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the address listed on the license application or amendment thereto, at least five (5) days prior to the date set for hearing or shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing.
[Ord. No. 1576 § 13 [11]]
All licensees who shall offer to sell, display for sale or sell or deliver fruits and vegetables and farm products from any vehicles which are wholly or in part open on any of sides thereof, shall, at all times, keep all fruits, vegetables and produce of any kind and nature completely screened and covered with satisfactory materials in order to avoid and eliminate the accumulation of flies or any other insects from alighting around or upon any and all merchandise.
[Ord. No. 1576 § 13 [12]]
All licensees offering for sale, displaying for sale, selling or delivering seafood, meats, poultry or dairy products, shall transport the same solely in refrigerator portion of the vehicle at all times to the time of sale or delivery, and the refrigerated portion, during the uses thereof in accordance herewith, shall be maintained at a properly low temperature to completely safeguard all the products from a health and sanitary standpoint to the fullest reasonable extent possible for safety and welfare of the public.
[Ord. No. 1576 § 13 [13]]
No licensee shall at anytime permit any debris, waste material, rotting produce or merchandise of any kind or any unfit produce, to remain in or upon their vehicle, unless the same is contained in a metal, leakproof container having a metal, properly-fitted cover on the container.
[Ord. No. 1576 § 13 [14]]
No licensee shall canvass or solicit orders for any articles from pedestrian or vehicular traffic, other than when his/her vehicle shall be properly parked immediately adjacent to the curb of a public street in a permitted locality, and the licensee shall at no time double park when dealing with any of his/her trade, and in no event shall transact any of his/her business operations, other than on the curb side of his vehicle.
[Ord. No. 1576 § 13 [15]]
No licensee shall at any time permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks, and shall at all times remove any such debris that may have fallen from his vehicle, so that the same is immediately placed in the metal containers, as hereinabove provided.
[Ord. No. 1576 § 13 [16]]
All sales of merchandise by any licensee shall at the time of said sale, be placed in bags or other like suitable containers, when the same shall be handed to customers of the said licensee.
[Ord. No. 1576 § 13 [17]]
The licensee shall prohibit, as reasonably as possible, the eating of any merchandise directly from his/her vehicle.
[Ord. No. 1576 § 13 [18]]
All licensees and their respective vehicles or modes of transportation in carrying on their permitted business shall, at all times, fully comply with all terms, covenants and conditions of this section and all other applicable municipal ordinances and all other applicable State laws, regulations or provisions pertaining thereto and particularly, but not in limitation thereof, that may deal with provisions of health, safety and general welfare.
[Ord. No. 1576 § 13 [19]]
a. 
Before a licensee shall use a vehicle or mode of transportation in furtherance of his/her permitted business, said license shall submit said vehicle to the Neptune Township Health Officer for inspection and approval relative to compliance with the within Ordinance and shall, whenever requested during the term of said license, submit the vehicle for reasonable reinspections for said purpose.
b. 
No vehicle or mode of transportation shall be used by any licensee unless it has been approved for use by the aforesaid Health Officer, and the written approval shall remain in and upon the vehicle at all times and shall be shown by the operation thereof to any member of the Neptune Township Police Department, any official of the Township or any member of the public who may request to be shown the same.
[Ord. No. 1576 § 13 [20]]
All annual licenses issued under the provisions of this section shall expire at midnight of December 31 in the year when issued. Other than annual licenses shall expire at midnight on the date specified in the license.
[Ord. No. 1576 § 13 [21]]
This chapter shall not affect any person engaged in delivering wares, goods or merchandise or other articles or things in the regular course of business, to the premises of the person ordering or entitled to receive the same.
[1]
Editor's Note: Former Section 4-5, Special Events, Flea Markets and Related Activities, previously codified herein and containing portions of Ordinance No. 1576, was repealed in its entirety by Ordinance No. 10-29.
[Ord. No. 1576 § 15; New]
a. 
No person, firm or corporation shall hire out, keep or use for hire or pay, or cause to be kept for use or hire or pay, any horse-drawn vehicle, hereinafter called vehicle, within the territorial limits of the Township without first having obtained a license for that purpose.
b. 
Applications for a license to operate vehicle or vehicles shall be made by the owner, lessee or bailee upon a form to be furnished by the Township Mercantile License Officer. Such application shall contain the full name and address of the applicant, the year, type and model of the vehicle for which the license is desired, and the number of persons the vehicle will accommodate, which in no case shall exceed eight (8) passengers, to be determined by the Township License Officer at the time of the initial inspection.
c. 
No license shall be granted unless the number of licenses issued and outstanding shall be less than five (5).
d. 
The license fees for each vehicle and stand, shall be determined by the Chapter 4 Business and Licensing Regulations.[1]
[1]
Editor's Note: Chapter 4 codifies Ord. No. 1576 in its entirety.
e. 
No license shall be issued for a vehicle until it has been inspected and examined by the Township Mercantile License Officer, or his duly designated deputy, and determined to be in a safe condition for the transportation of passengers.
f. 
Upon approval and granting of a license to operate a vehicle, the Township Mercantile License Officer shall provide a license containing the name of the licensee, a straight front view photograph of the licensee and the number of the license.
g. 
No owner, licensee or bailee of a licensed vehicle shall sell, lease, rent, assign, transfer or, in any manner whatsoever, dispose of a vehicle license without first receiving written permission from the Township Mercantile License Officer.
h. 
No license shall be issued until the applicant shall have complied with the provisions of N.J.S.A. 48:16A-1 et seq., and the acts amendatory thereof and supplemental thereto.
i. 
In the event that the insurance provided for in N.J.S.A. 48:16A-1 et seq., is canceled or revoked for any reason whatsoever, the license shall forthwith be revoked by the Township Mercantile License Officer, or his/her duly designated deputy.
j. 
The Township Mercantile License Officer shall keep a register of the name of each person owning or operating a vehicle or vehicles licensed under this section.
k. 
No driver of a vehicle under the terms of this section, shall operate a vehicle unless the driver:
1. 
Be of the age of eighteen (18) years or older.
2. 
Present a certificate of a duly licensed and qualified physician certifying that the applicant has been examined and that he is of sound physical condition.
3. 
Is a citizen of the United States.
4. 
Has not been convicted of a crime within the last five (5) years prior to the issuance of the license.
5. 
Submit two (2) letters of his/her good character.
6. 
Submit four (4) photographs, front view, 2" x 2", provided by the Police Department of the Township at a fee of four ($4.00) dollars to be paid to the Police Department.
7. 
Submit proof that the applicant has been finger-printed by the Police Department of the Township.
l. 
Vehicle stands shall be designated by the Township Mercantile License Officer, subject to the approval of the Township Committee.
m. 
No vehicle, while waiting for employment by passengers, shall stand on any public street or space other than upon a vehicle stand designated or established in accordance with this section, nor shall any vehicle driver seek employment by repeatedly and persistently driving his/her vehicle to and fro in a short space before or otherwise interfering with proper and orderly access or egress from any theater, hall, hotel, public resort, railway station or other place of public gathering and no driver shall solicit passengers for a vehicle.
n. 
The horse used in drawing the vehicle shall be attended at all times while in the Township.
o. 
Every driver of a vehicle who shall discover any property lost or left in the vehicle must report in writing to the Police Department with brief particulars and description of the property within twenty-four (24) hours after their finding thereof unless sooner claimed or delivered to the owner.
p. 
Every vehicle shall have a permanent, illuminated vehicle sign and be plainly marked as a horse-drawn vehicle, slow moving, approved by the Township Mercantile License Officer and shall be in operation when the vehicle is commercially employed. In addition, the vehicle shall have front and rear lights.
q. 
Owners and vehicles shall comply with the provisions of N.J.S.A. 39:4-15 through N.J.S.A. 39:4-25-1.
r. 
No horse or horse-drawn vehicle shall be housed inside the geographical limits of the Township.
s. 
All horses drawing vehicles shall wear a sack-type apparatus designed to catch any droppings so that horse manure will not litter streets. Any accidental droppings in the streets shall be immediately removed and disposed of by the driver or owner.
t. 
All horses used in drawing vehicles shall be healthy, fed, housed and treated in accordance with standards established by The Society of the Prevention of Cruelty to Animals.
u. 
Every vehicle shall conveniently display a valid license for the vehicle and a front-view photograph of the driver and a valid insurance card issued in compliance with the State of New Jersey Revised Statutes, N.J.S.A. 48:16A-1 et seq., and the maximum rate schedule of fares issued by the Township.
v. 
All signs shall be professionally prepared, neat and attractive, and whenever possible, promote the business and activities of the Township.
w. 
In the event that the licensee shall be convicted in a Municipal Court, or is held for the action of the grand jury, the license shall be suspended until the licensee is either convicted or acquitted and upon conviction, the license shall be revoked.
x. 
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty established in Chapter 1, Section 1-5.
[Ord. No. 1576 § 16; Ord. No. 04-50 § 1; Ord. No. 10-29 § 2]
The registration provisions of this chapter shall not be deemed or construed to require the payment of a registration fee to conduct, manage or operate any business, occupation or activity from any institution or organization which is conducted, managed or operated wholly for charitable purposes, or from which profit is not derived, either directly or indirectly, by any individual, firm, corporation or other business entity based within the Township of Neptune.
[Ord. No. 1576 § 17; Ord. No. 04-50 § 1]
The Registration Officer, all Township Police Officers and any Township employee authorized by the Registration Officer, are hereby appointed inspectors of registrations required in this chapter. Such individuals are required to examine all places of business, and persons, firms, corporations or other business entities conducting business in the Township, to ascertain whether or not registrations have been approved. These Township employees/officials are authorized to do the following:
a. 
To enter any place or business for which a registration is required, and request the manager, employees or any other individual to exhibit the registration for the business for the current term. Failure of the individual to exhibit a current registration constitutes a violation of this chapter and shall subject the person, firm, corporation or other business entity to penalties as herein provided.
b. 
To cause complaints to be filed against all persons, firms, corporations or other business entities violating any of the provisions of this chapter.
c. 
To report to the Township Registration Officer all persons, firms, corporations or other business entities operating a business without a registration required pursuant to the provisions of this chapter.
Upon report of any violation of this chapter, it shall be the duty of the Registration Officer of the Township of Neptune to carry into effect all of the provisions of the chapter, and to file complaints in the Neptune Township Municipal Court, or other appropriate forum, for any violations of any provisions of this chapter.
[Ord. No. 1576 § 18; Ord. No. 1629 § 1; Ord. No. 04-50 § 1]
Any registration issued under the terms and provisions of this chapter may be revoked or suspended for any violation of any provision of this chapter when it shall appear that the occupation conducted by any person, firm, corporation or other business entity to whom such registration was issued is conducted in a manner that is:
a. 
Disorderly or improper;
b. 
In violation of any law, rule, regulation, statute or ordinance of the United States of America; the State of New Jersey; the Township of Neptune or any other governmental entity;
c. 
Improperly conducted by a person or persons who is/are unfit to conduct the business, trade, calling, profession or occupation;
d. 
Abusive and against the purpose for which the registration had been issued, detrimental to the public health, safety and general welfare, or for a different purpose than stated in the application.
A registration issued under the terms and provisions of this chapter shall not be revoked or suspended until a hearing thereon shall have been held by the Township Committee. Written notice of the time and place of such hearing shall be served upon the person, firm, corporation or other business entity at least three (3) days prior to the date set for such hearing. The notice shall also contain a brief statement of the grounds to be relied upon for revoking or suspending such registration. Notice may be given either by personal delivery thereof to the person to be notified, or by delivery via the United States Post Office in a sealed envelope, postage prepaid, addressed to the aggrieved party, and mailed by both regular and certified mail return receipt requested. It shall be presumed to have been received by the aggrieved party if the notice was mailed to the aggrieved party at the last known address as indicated in the registration application or any update thereto.
At the hearing before the Township Committee, the aggrieved person, firm, corporation or other business entity shall have any opportunity to answer questions and may thereafter be heard on the issues surrounding the revocation or suspension. Upon due consideration and deliberation by the Township Committee, the complaint may be dismissed, or if the Township Committee concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the registration held by the registrar. The aggrieved party shall be entitled to any appeals from the Township Committee's decision provided that such appeal is taken within the minimum statutory time frames as may be permitted for any action taken by a municipality.
If any such registration shall have been revoked, neither the holder thereof, nor any person acting for him directly or indirectly, shall be entitled to another registration to carry on the same business within the Township of Neptune, unless the application for such registration shall be approved by the Township Committee.
[Ord. No. 1576 § 19; Ord. No. 04-50 § 1]
No provision of this chapter shall be applied so as to impose any harmful burden on either interstate commerce or any activity of the State or Federal Government.
[Ord. No. 1576 § 20; Ord. No. 04-50 § 1]
Any person, firm, corporation or other business entity violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed five hundred ($500.00) dollars or by imprisonment in the County jail for a period not to exceed ninety (90) days, or both. Each violation of any of the provisions of this chapter shall be considered a separate offense, and each day the violation continues to persist shall also be considered a separate and distinct offense.
[Ord. No. 1576 § 23; Ord. No. 04-50 § 1; Ord. No. 05-04 § 1; Ord. No. 06-03 § 1; Ord. No. 10-29]
The annual fee under this section shall be fifty ($50.00) dollars for the first two thousand (2,000) square feet, or fraction thereof, of improved floor area occupied by the applicant to conduct the occupation. If the occupied square footage is greater than two thousand (2,000) square feet, the annual fee shall be increased by twenty-five ($25.00) dollars for each additional one thousand (1,000) square feet or fraction thereof. This fee shall be paid annually to the Township of Neptune, and shall be paid separately for each noncontiguous location in which the business is conducted.
For inspections requested to be scheduled outside of the Township's regular business hours, in addition to the regular registration fee set forth above, the following fee schedule shall be in addition to the minimum fees:
a. 
A minimum fee of one hundred ($100.00) dollars.
b. 
For each man-hour in excess of two (2) man-hours, an additional fifty ($50.00) dollars per man-hour.
Regular business hours shall mean the hours the Mercantile Registration Office is open.
Man-hour shall mean the time up to one (1) hour for one (1) inspector. Any fraction of a man-hour shall be considered one (1) man-hour.
As indicated, the following fee schedule may be in addition to the fees designated above:
Schedule of Additional Fees
"A"
Automobile Sales - New/Used
As per Section 4-12 plus
1—200 Vehicles
$100.00
201—500 Vehicles
$200.00
501 or more Vehicles
$300.00
"B"
Bathing Beaches
As per Section 4-12, plus (if applicable)
$200.00
Boat Sales - New/Used
As per Section 4-12 plus
1— 50
$100.00
51—100
$200.00
More than 100
$300.00
Boat Slips and Docks
As per Section 4-12 plus
1-5 slips
$50.00
Over 5 slips
$5.00 per additional slip
Boat Storage (outside)
$100.00 per lot
"C"
Coin Operated Machines (excluding laundromats)
(All types and uses) per machine
$15.00 for each machine
"H"
Home Occupation
In lieu of Section 4-12
$35.00
"J"
Junk and/or Salvage Yard
$300.00
"P"
Precious Metals and Previously Owned Jewelry
a. Initial application
$250.00
b. After a registration is issued, the annual renewal fee shall be as indicated in Section 4-12.
"R"
Rental Offices and Residential and/or Commercial Rental
Units
Rental Office
$50.00
Number of Residential and/or Commercial Units
1
$25.00
2
$50.00
3 to 12
$100.00
13 to 24
$150.00
25 to 50
$200.00
51 to 75
$250.00
76 to 100
$300.00
101+
$3.00 per each additional unit
"S"
Self-Storage Facilities
$300.00
"T"
Trailer Park
As per Section 4-12 plus
$100.00
"V"
Vendors, Transient Vendors or Itinerant Merchants
First registration request in any one calendar year
$200.00
Each additional registration request in any one calendar year
$25.00
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1450, 96-32, 98-8 and 06-32.
[Ord. No. 08-16 § 1]
DECAL
Shall mean the device issued by the Township which shall be placed on every taxicab, identifying the cab as a taxicab licensed to operate in the Township of Neptune.
DRIVER
Shall mean a person who drives a vehicle for hire and who is required to be licensed by Neptune Township to drive said vehicle.
MEDALLION
Is the official number issued by the Township of Neptune to each taxicab.
OPERATOR
Shall mean cab owner, person operating the cab business or lease holder. Operator must obtain a mercantile license to operate. Operator must obtain a taxi license to operate and must be eighteen (18) years of age or older and have a valid New Jersey Basic Driver's License as defined by the New Jersey Motor Vehicle Commission. Vehicle must be registered and insured to the operator.
OWNER
Shall mean a person, corporation or firm that is the holder of the ownership license. The owner must be eighteen (18) years of age or older and have a valid New Jersey Basic Driver's License as defined by the New Jersey Motor Vehicle Commission. The owner may lease out the rights of operation.
PUBLIC TAXICAB
Stand shall mean a section of a public street or public place set apart for the exclusive use of a limited number of taxicabs when such section is distinctly marked as such by a metal sign attached to a stanchion on the curb or other conspicuous place or by clearly visible marks upon the surface of the street or public place.
TAXICAB
Shall mean a motor vehicle used in the business of transporting passengers for hire within the Township.
TAXI COORDINATOR
Shall mean the person designated by the Chief of Police to oversee licensing, enforcement and inspections.
[Ord. No. 08-16 § 1]
a. 
The licensing of taxicabs shall be by the Township Mercantile Officer or designee. All fees to be paid hereunder shall be paid to the Township Mercantile Licensing Officer made payable to the Township of Neptune.
b. 
The regulating and inspection of taxicabs, the examination of applicants for license to own and operate taxicabs, the licensing of drivers and the enforcement of the provisions of this section shall be under the control of the Chief of Police.
c. 
The Chief of Police is authorized and empowered to establish reasonable rules and regulations for the inspection of taxicabs and requirements for construction and condition of fitness for the safe and adequate transportation of passengers and the general cleanliness of taxicabs.
[Ord. No. 08-16 § 1]
a. 
Required. No person, firm or corporation shall hire out, keep or use for hire or pay, or cause to be kept for use or hire or pay, any vehicle commonly known as a taxicab, within the territorial limits of the Township of Neptune, in the County of Monmouth without first having obtained an annual license. The operator is responsible to apply for and obtain a mercantile license annually. If an operator's license lapses more than ninety (90) days beyond April 30th of each year, his operator's license shall be revoked and returned to the Township and sold at a public sale held by the Township. The owner and the operator must be notified.
b. 
Application. Applications for a license to operate a taxicab or taxicabs shall be made by the operator of the cab. This will be upon a form that is to be furnished by the Township Mercantile License Officer. The operator is the person or corporation or lessee that the vehicle is registered and insured by which may be the owner, lessee or bailee. Such application shall contain the full name and address of the applicant, the year, type and model of the vehicle for which the license is desired, and the number of persons the vehicle will accommodate, to a maximum of eight (8) passengers.
c. 
Number. No taxicab license shall be granted unless the number of licenses used and outstanding shall be less than fifty (50).
d. 
Fees. The license fee for each taxicab shall be the sum of one hundred ($100.00) dollars for each year beginning the first day of April thereof, which fee shall not be apportioned and is imposed for the purpose of regulation.
e. 
Inspection of Vehicles. No taxicab shall be issued until it has been thoroughly and carefully inspected and examined by the Police Department and determined to be in a thoroughly safe condition for the transportation of passengers.
f. 
Issuance. Upon approval and granting of a license for the operation of a taxicab by the Township Committee, the Taxi Coordinator shall provide the licensee with a card containing the name of the applicant, the Township license number; in addition, the Taxi Coordinator shall issue a decal to be affixed to the vehicle by a representative of the Township. This decal is to be affixed to the left rear window.
g. 
Transfer of Ownership License.
1. 
No owner, licensee or bailee of a licensed taxicab shall sell, lease, rent, assign, transfer, or, in any manner whatsoever, dispose of a taxicab owner's license without first notifying the Township in writing. This notification must be in writing by the prospective new owner and the current owner, shall be notarized, and shall provide all necessary information. It shall be required that the Township Committee pass a resolution to affect the sale. This applies only to the sale of ownership.
2. 
There shall be a one time charge of one hundred ($100.00) dollars at the time of a sale or lease of an ownership license payable to the Township of Neptune.
h. 
Change of Vehicle. If a taxicab is taken out of service and is replaced by another taxicab, a form shall be furnished by the Taxi Coordinator, which shall be completed by the application. There shall be a charge of twenty-five ($25.00) dollars payable to the Township of Neptune.
i. 
Registration. New Jersey Motor Vehicle Commission Registrations shall be provided to the Taxi Coordinator within twenty-four (24) hours of submitting an application.
[Ord. No. 08-16 § 1; Ord. No. 09-13 § 1]
a. 
Required. No person shall drive a taxicab in the Township without a Neptune Taxicab Driver's license.
b. 
Fee. The license fee for a first time driver of a taxicab shall be fifty ($50.00) dollars for each year, or part thereof. Thereafter, the renewal application fee shall be thirty-five ($35.00) dollars.
c. 
Conditions. For first time applicants, no application for a taxicab driver's license, under the terms of this section, shall be issued unless the applicant:
1. 
Be of the eighteen (18) years or older and have a valid New Jersey Basic Driver's License as defined by the New Jersey Motor Vehicle Commission.
2. 
All applicants, both new and renewals, shall annually present a certificate of a duly licensed and qualified physician certifying that the applicant has been examined within thirty (30) days of the date of the application and is of sound physical condition and healthy enough for the safe operation of a taxicab.
3. 
Shall have an acceptable understanding of the English language.
4. 
Produce affidavits of his/her good character from at least three (3) reputable citizens who have known him/her personally.
5. 
Shall not be addicted to the use of narcotics or intoxicating liquors.
6. 
Shall be a citizen of the United States and present a Social Security Card as proof thereof or present a temporary or permanent Alien Registration Card, a work visa or a Federally approved work permit.
7. 
Fill out upon a form provided by the Township Mercantile Licensing Office his full name, residence, places of residence for the preceding five (5) years, age, color, height, color of eyes and hair, place of birth, previous employment, whether married or single, a photograph, whether he has ever been convicted of a crime or a violation of this section, and whether his license has ever been revoked or suspended and for what cause, in this or any other state, which statement shall be signed and sworn to by the applicant and filed with the Township Taxi Coordinator as a permanent record.
8. 
Shall be fingerprinted and photographed by the Police Department. The Police Department Identification Bureau shall collect any fees necessary from the applicant to cover the cost of any State or Federal fingerprint criminal background checks and photographs and forward them to the proper agency.
9. 
Never have been convicted of a crime in New Jersey or engaged in conduct in any other state or jurisdiction, which if committed in New Jersey, would constitute a crime. For purposes of this section, a "crime" shall be any offense that is a violation of Title 2C of the New Jersey Statutes, excluding disorderly persons and petty disorderly persons offenses. The Police Chief shall have the ability to exempt an individual from this section by determining the affirmative demonstration of rehabilitation from any person who has been convicted of a crime. The determination would on the basis of the following: (1) nature and seriousness; (2) circumstances under which occurred; (3) the date; (4) the age at the time at which the crime occurred; (5) whether the crime was repeated; (6) social conditions which may have contributed to the crime; and (7) evidence of rehabilitation, including good conduct in the community, counseling, psychological or psychiatric treatment, additional academic or vocational training or personal recommendations.
d. 
Issuance of License. Upon satisfactory fulfillment of the foregoing requirements, there shall be issued by the Township's Taxi Coordinator to the applicant, after the approval of the Chief of Police, a taxi license identification card, which shall contain the photograph, name, address, taxi stand and any other information that shall be deemed necessary by the Taxi Coordinator. Upon receipt of the criminal and motor vehicle background checks, the Taxi Coordinator shall be authorized to issue a taxi license. A temporary license valid for thirty (30) days may be issued for renewals only, at the discretion of the Taxi Coordinator. If the taxicab driver requests a replacement of the annual or temporary license, there shall be a charge of twenty-five ($25.00) dollars.
e. 
Revocation or Suspension of License.
1. 
If at any time within the licensed year a taxicab driver is convicted of a crime, or has permitted his cab to be used for any illegal or immoral purpose, the Township Committee shall immediately suspend or revoke the taxicab driver's license.
2. 
The Township Committee, after a hearing, may suspend or revoke the taxicab license of any taxicab driver who loiters within any space prohibited by law or ordinance, or who stands in a prohibited place soliciting or waiting for new passengers, or who violates any provision of the New Jersey Motor Vehicle Commission Laws or of this ordinance, or any of the rules or regulations made by the Township Committee or Chief of Police regulating taxicabs.
f. 
License Renewals. Taxicab driver's licenses must be renewed annually. The annual renewal application fee shall be thirty-five ($35.00) dollars. No renewal shall be granted until such time as the applicant has been fingerprinted by the Neptune Township Police Department. Fingerprints will be taken by the Police Department on Tuesdays and Thursdays, 8:00 a.m. to 4:00 p.m. The Police Department Identification Bureau shall collect any fees necessary from the applicant to cover the cost of any State or Federal fingerprint criminal background checks and forward them to the proper agency.
[Ord. No. 08-16 § 1]
a. 
Required. No license for the operation of a taxicab shall be issued until the applicant shall have complied with the provisions of N.J.S.A. 48:16-1 et seq. and the acts amendatory thereof and supplemental thereto. All taxicabs in the Township of Neptune shall carry a minimum of fifty thousand ($50,000.00) dollars insurance. A permanent Certificate of Insurance shall also be placed on file with the Township Clerk.
b. 
Temporary Certificate of Insurance. In the event a temporary Certificate of Insurance is provided for which the total annual premium has not been paid, the applicant shall be required to submit additional Certificates upon expiration of the temporary Certificate. If an additional certificate is not received by the Clerk by the expiration date of the temporary certificate, there shall be a charge of a twenty ($20.00) dollars for administrative fee to the Township of Neptune each time a temporary certificate is filed with the Township as required hereinabove.
c. 
Revocation of License. In the event that the insurance provided for in paragraph a is canceled or revoked for any reason whatsoever, the operator's license shall forthwith be revoked by the Mercantile License Officer, or his duly designated deputy, subject to a hearing before the Township Committee, if requested by the licensee in writing to the Mercantile License Officer, to contest the cancellation and/or revocation.
[Ord. No. 08-16 § 1]
a. 
Record of Vehicle. The Taxi Coordinator shall keep a register of the name of each person owning or operating a vehicle or vehicles licensed under this section.
b. 
Right of Inspection.
1. 
Before any vehicle is used as a taxicab, it shall have a valid inspection sticker indicating that the vehicle has passed inspection as required under Title 39 of the Statutes of the State of New Jersey.
2. 
The Police Department shall maintain constant vigilance over all taxicabs to see that they are kept clean and in a condition of safety for the transportation of passengers and to this end shall have the right at any and all times to inspect any and all licensed vehicles.
[Ord. No. 08-16 § 1]
Public taxicab stands shall be designated by the Township Mercantile License Officer subject to the approval of the Township Committee.
[Ord. No. 08-16 § 1]
A schedule of rates shall be maintained on file in the Office of the Municipal Clerk and the Taxi Coordinator.
[Ord. No. 08-16 § 1; Ord. No. 09-13 § 2]
a. 
Waiting for Employment. No taxicab while waiting for employment by passengers shall stand on any public street or space other than upon a taxicab stand designated or established in accordance with this section, nor shall any taxicab driver seek employment by repeatedly and persistently driving his taxicab to and from in a short space before or otherwise interfering with proper and orderly access or egress from any theater, hall, hotel, public resort, railway station or other place of public gathering, and no driver shall solicit passengers for a taxicab.
b. 
Lost Property. Every driver of a taxicab who shall discover any property lost or left in said taxicab must report in writing to the cab stand with brief particulars and description of the property within twenty-four (24) hours after their finding thereof unless sooner claimed or delivered to the owner.
c. 
Soliciting Hotel Business. Any licensed driver or operator of a taxicab in the Township shall not enter into any agreement or arrangement with the proprietor of any hotel, motel or boarding house in the Township, or with any person connected with such hotel, motel or boarding house, whereby such licensed driver or operator received any fee, commission or money consideration in return for soliciting patronage from any hotel, motel or boarding house or for inducing persons to patronize same. A licensed driver shall not receive any fee, commission or money consideration for securing patronage from any hotel, motel or boarding house.
d. 
Signs. Each licensed taxicab shall have the following items displayed, with prior approval from the Taxi Coordinator:
1. 
A permanent, illuminated taxicab sign plainly marked as a taxicab or taxi and clearly visible. Said illuminated taxicab sign shall be in operation when said taxicab is commercially employed.
2. 
The taxicab number plainly marked and clearly visible. The taxicab number shall match the medallion number.
3. 
The name, trade name or corporate name of the owner clearly displayed.
e. 
Place of Business. Every taxicab operator shall operate his business from an established place or designated taxi stand.
f. 
Display of License and Rates. Every taxicab shall conveniently display a valid license for the vehicle, a valid license for the driver with a front view photograph, and the valid insurance card issued in compliance with the Revised Statutes of the State of New Jersey, Section 48:16-1 et seq. and the maximum rate schedule of fares on file at the Township of Neptune.
[Ord. No. 08-16 § 1]
a. 
Holders. All advertising carried by taxicabs shall be placed in standard holders presently acceptable and used throughout the taxicab industry and affixed in such a manner so as not to violate any motor vehicle regulations of the State of New Jersey.
b. 
Professional Preparation Required. All signs shall be professionally prepared, neat and attractive.
c. 
Prohibited Advertising. Advertising in the following categories shall not be permitted:
1. 
Promotion of rival resort communities and their activities;
2. 
Highway shopping centers and amusement centers whose promotion would tend to affect the economic development of the Township.
d. 
Questions Regarding Suitability. Questions arising as to the suitability of the advertising material should be first directed to the Township Mercantile License Officer for approval.
e. 
Additional Regulations. The provisions of this section are in addition to the provisions entitled "Business Licenses."
[Ord. No. 08-16 § 1]
A license to operate a taxicab may be revoked or suspended at any time after hearing by the Township Committee, if the vehicle is not in a clean and safe condition for the transportation of passengers, and kept in conformity with the terms of this section or any of the rules and regulations adopted by the Township Committee.
[Ord. No. 08-16 § 1]
Any person violating any of the provisions of this section shall, upon conviction, be punished by a fine not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars or ninety (90) days in the County jail or both.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 1418, 95-38, 99-52, 03-40, 05-08.
[Ord. No. 2014-42]
As used in this section, the following terms shall have the meanings indicated:
BASIC TOWING SERVICE
Shall mean private property towing and other non-consensual towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; fifteen (15) minutes daytime and twenty-five (25) minutes nighttime waiting time; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes the clean up of glass and debris as well as the issuing of the documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance appraiser or adjuster; and retrieving a motor vehicle from storage during the hours in which the storage facility is open, see subsection 4-18.10 for required hours of operation. The basic tow fee incorporates all anticipated administrative costs. Additional administrative costs are unauthorized unless extraordinary circumstances exist. Any additional administrative costs must be pre-authorized with the customer, and a detailed explanation included in the itemized bill.
CHIEF OF POLICE
Shall mean the Chief of the Neptune Township Police Department or his/her designee.
DECOUPLING
Shall mean releasing a motor vehicle to its owner or operator when the motor vehicle has been, or is about to be, hooked to or lifted by a tow truck, but prior to the motor vehicle actually having been moved or removed from the property.
MOTOR VEHICLE
Shall include all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
NON-CONSENSUAL TOWING
Shall mean the towing of a motor vehicle without the consent of the owner or operator of the vehicle. "Non-consensual towing" includes towing a motor vehicle when law enforcement orders the vehicle to be towed whether or not the owner or operator consents.
PERSON
Shall mean an individual, a sole proprietorship, partnership, corporation, Limited Liability Company or any other business entity.
RECOVERY
Shall mean the winching of any vehicle off the roadway.
SNOW EMERGENCY
Shall mean anytime the Township declares a snow emergency and vehicles are to be removed from roadway in accordance with subsection 7-7.3.
STORAGE FACILITY
Means a space at which motor vehicles that have been towed are stored. Said facility is to be surrounded by a fence, wall, or other physical barrier that is at least six (6') feet high and is lighted from dusk to dawn.
TOWING
Shall mean the moving or removing from public or private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is damaged as a result of an accident or otherwise disabled, is recovered after being stolen, or is parked illegally or otherwise without authorization, parked during a time at which such parking is not permitted, or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. Dues or other charges of clubs or associations which provide towing services to club or association members shall not be considered a service charge for purposes of this definition.
TOWING LIST
Shall mean the list maintained by the Neptune Township Police Department containing the names of those active towing operators whom are licensed with the Township to provide municipal towing services for the Township.
TOWING OPERATOR
Shall mean any person who owns a tow/recovery vehicle and is in the business of offering towing services whereby motor vehicles are or may be towed or otherwise removed from one place to another by the use of a motor vehicle adapted to and designated for that purpose.
VEHICLE
Shall mean any device in, upon or by which a person or property is or may be transported upon a roadway.
YARD FEE
Shall mean any fee charges to move a stored vehicle within the tow yard. The vehicle shall be stored in a manner to facilitate access and removal from the tow yard. Yard fees are unauthorized under this section.
TOWNSHIP
Shall mean the Township of Neptune, Monmouth County, New Jersey.
[Ord. No. 2014-42]
It is the purpose of this section to establish a non-discriminatory method of rotating calls between all licensed operators requesting to provide municipal towing services at the request of, on behalf of, or for the Township or its Police Department.
[Ord. No. 2014-42]
a. 
Any towing operator desiring to provide municipal towing services for the Township must file an application with the Township, meeting the requirements of this section, and obtain a license from the Township for such services. Said license will be a supplemental use to the annual Mercantile Registration.
b. 
The Township shall issue a license to those towing operators who file applications with the Township and desire to provide municipal towing services for the Township. The license shall provide for an annual review of the towing operator's services and compliance with this section. The license shall prohibit subcontracting or transfer by the towing operator.
c. 
In order to continue to provide municipal towing services for the Township, the towing operator shall file a new application, with the required submissions, and obtain a new license from the Township.
d. 
Applications must be submitted annually by November 30 to the Township Mercantile Officer. The license shall not be exclusive, with the Township being able to award licenses to multiple towing operators at any time.
e. 
The Township shall have the sole discretion to deny a license to any towing operator failing to file the requisite application or to meet the requirements of this section. All applications for a license for the provision of municipal towing services filed with the Township shall be granted or denied by the Mercantile Officer, based upon the approval of the Chief of Police, upon review of the applications.
[Ord. No. 2014-42]
a. 
No person shall be eligible to provide municipal towing services for the Township until it submits an application with the Township.
b. 
An application for municipal towing shall be made in writing to the Mercantile Officer, in the form prescribed by the Mercantile Officer, and shall be accompanied by a fee of $150.00 which is inclusive of the annual mercantile registration fee.
c. 
The applicant shall state the complete street address of the location or locations from which the business of towing shall be conducted, indicating which the principal location is and which is the storage facility, which shall meet the requirements of subsection 4-18.10 of this section. The applicant shall also provide a lease agreement for any and all land areas being used as a storage location that they do not own.
d. 
The applicant shall identify and provide a description of its towing vehicles, including vehicle registration number, gross vehicle weight, and purpose, with which the applicant intends to provide towing services.
e. 
The applicant shall provide the name, address and driver's license number of the applicant and all employees of the applicant that are expected to be involved in the operation of the applicant's vehicular equipment for the towing of motor vehicles. All drivers for the applicant shall be at least 18 years of age and possess a valid New Jersey driver's license for the operation of the towing equipment.
f. 
The application shall include a valid certificate of insurance from an insurer authorized to do business in the State, at the minimum amounts set forth in subsection 4-18.7 of this section.
g. 
The applicant shall furnish any additional information concerning the personnel, vehicles, equipment and storage facilities of the applicant as may be required by the Chief of Police during the review of the application.
h. 
If any of the information required in the application changes, or if additional information should be added after the filing of the application, the applicant shall provide that information to the Mercantile Officer, in writing, within fifteen (15) calendar days of the change or addition. Any application to add an additional driver during the contract term shall be accompanied by a fee of $25.00.
i. 
The applicant shall provide a certified statement of compliance with the minimum requirements of subsection 4-18.5 of this section.
[Ord. No. 2014-42]
a. 
The Township may deny, suspend or revoke any license for municipal towing services upon the recommendation of the Chief of Police, or upon other proof that the towing operator, or any of its employees or agents:
1. 
Has obtained a registration through fraud, deception, or misrepresentation;
2. 
Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense;
3. 
Has engaged in gross negligence or gross incompetence;
4. 
Has engaged in repeated acts of negligence or incompetence;
5. 
Has had a towing operation registration or license revoked or suspended by any other state, agency, or authority for reasons consistent with this section;
6. 
Has violated or failed to comply on more than three occasions with the schedule of tariff or fee regulations herein; or
7. 
Has violated any municipal ordinance;
8. 
Has been convicted of:
(a) 
A crime under Chapter 11, 12, 13, 14 or 15 of Title 2C of the New Jersey Statutes;
(b) 
Motor vehicle theft or any crime involving a motor vehicle under Chapter 20 of Title 2C of the New Jersey Statutes; or
(c) 
Any other crime under Title 2C of the New Jersey Statutes relating adversely to the performance of towing services or the storage of motor vehicles as determined by the Chief of Police.
b. 
A final refusal to license, or the suspension or revocation of a license by the Township shall not be made except upon reasonable notice to the applicant, and an opportunity for the applicant to be heard by the Township Committee.
[Ord. No. 2014-42]
The Chief of Police is authorized to establish a system of rotation for the assignment of licensed towing operators to provide municipal towing services required pursuant to this section. Pursuant to N.J.S.A. 40A:11-5(1) (w), the rotation system shall be established on a non-discriminatory and non-exclusionary basis. Only licensed towing operators with the Township shall be assigned to the rotation list. The rotation list shall be composed so as to permit a reasonable rotation of licensed towing operators. If the towing operator currently on-call under the rotation list cannot respond and provide the required municipal towing service, the Township shall move to the next towing operator on the rotation list. If no towing operator on the rotation list is able to respond and provide the required municipal towing service, the Chief of Police may deviate from the rotation list and arrange for another towing operator to provide such service. Notwithstanding the above rotation list, in the interests of public safety, the Chief of Police, at his/her discretion, taking into account the emergency, safety and location of the situation, may part from the rotation list and call for the closest available towing operator to respond.
[Ord. No. 2014-42]
In addition to the insurance requirements set forth in N.J.A.C. 45A-31.3, as may be amended from time to time, all licensed towing operators providing municipal towing services must maintain the following insurance policies, naming the Township as an additional insured:
a. 
Garage Keeper's Policy. A garage keeper's liability policy in the minimum amount of fifty thousand ($50,000.00) dollars, and "on-hook" coverage, for each vehicle damaged on a separate claim.
b. 
Garage Liability Policy. A garage liability policy covering applicant's business, equipment and vehicles in the minimum amount of five hundred thousand ($500,000.00) dollars for any one person injured or killed, and a minimum of one million ($1,000,000.00) dollars for more than one person killed or injured in any accident and an additional one hundred thousand ($100,000.00) dollars for any damage arising from injury or destruction to property, and/or a combined single limit of one million ($1,000,000.00) dollars. In addition to each policy containing an endorsement showing the Township as an additional insured, such policy shall also provide an endorsement entitling the Township to 30 days' prior written notice to the Mercantile Officer in the event of any change in coverage under the policy, or in the event of the cancellation of the policy.
[Ord. No. 2014-42]
Any license issued by the Township to a towing operator pursuant to this section shall include a provision whereupon the licensed towing operator assumes all liability and shall indemnify and save the Township, its committees, boards, departments, agents, and employees, harmless from damages or losses sustained by vehicles while being towed, stored or released from towing operator's possession, and from all personal injuries and property damage occurring to any persons, or property, as a result of the performance of the towing operator's services, including, but not limited to, towing, storage, or other such activities relating to the municipal towing services. All responsibility for the release of a stored vehicle shall be on the towing operator only.
[Ord. No. 2014-42]
a. 
A towing operator may only charge a fee for those towing and storage services set forth as follows unless otherwise provided for in N.J.A.C. 13:45A-31.4:
Service Provided
Fees (Not to Exceed)
Light Duty Rate
(Less than 10,000 G.V.W.)
Tow
$100.00 (Basic Tow is a Flat Rate)
Recovery
$110.00 (Recovery is billed per hour, per truck, with 1 hour minimum and 30 minute increments thereafter)
Medium Duty Rate
(10,000 to 32,000 G.V.W.)
Tow
$110.00 (Basic Tow is a Flat Rate)
Recovery
$120.00 (Recovery is billed per hour, per truck, with 1 hour minimum and 30 minute increments thereafter)
Heavy Duty Rate
(Greater than 32,000 G.V.W.)
Tow
$400.00 (Basic Tow is a Flat Rate)
Recovery
$425.00 (Recovery is billed per hour, per truck, with 1 hour minimum and 30 minute increments thereafter)
Mileage
$3.00 per mile from scene or site of tow to locations outside of the boundary of Neptune
Storage, per day
Light Duty
$35.00
Medium Duty
$50.00
Heavy Duty
$75.00
Snow Emergency
Snow Emergency Tow
$90.00
Snow Emergency Storage, per day
$20.00
Other
Road Service
$60.00 — per call
Decoupling Fee
$25.00 — per call
Clean-up charge (the bagging and proper disposal of less then 1 gallon of Antifreeze or oil or any other vehicle fluids)
$35.00 — per call
Police Investigations
Criminal Investigations Impound
No fee
b. 
A towing operator may not charge a service fee for towing and storage services, which are ancillary to and shall be included as part of basic towing services, and is not included in the schedule approved by the Township.
c. 
A towing operator that engages in private property towing or other non-consensual towing shall calculate storage fees based upon full 24-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 p.m. on one day and the owner of the motor vehicle picks up the motor vehicle on or before 7:00 p.m. the next day, the towing operator shall only charge the owner of the motor vehicle for one day of storage. If a motor vehicle is stored for more than twenty-four (24) hours, but less than forty-eight (48) hours, the towing operator may only charge for two (2) days of storage.
d. 
A bill for private property tow or other non-consensual tow shall include the time at which a towed motor vehicle was delivered to a towing company's storage facility.
e. 
The Township Committee may annually change the fees set forth herein by duly adopted resolution.
[Ord. No. 2014-42]
a. 
The towing operator providing municipal towing services must tow all vehicles to a storage facility meeting the following requirements:
1. 
Have the ability to store a minimum of ten vehicles;
2. 
Is safe and secure such with a physical barrier that is at least six (6') feet high such as a wall or fence;
3. 
Is lighted from dusk to dawn;
4. 
Is located within the Township border;
5. 
Is open for release of vehicles Monday through Friday 8:00 a.m. to 5:00 p.m. and Saturday and Sunday 8:00 a.m. to 12:00 p.m.; and
6. 
All vehicles are to be released from the storage facility, unless other arrangements are made with the owner of the vehicle.
[Ord. No. 2014-42]
All towing operators who have been licensed with the Township to provide municipal towing services shall be obligated to comply with the following duties and regulations:
a. 
Remove and tow to the designated storage facility all vehicles directed by the Chief of Police to be removed and towed because such vehicles are, in the Chief of Police's sole discretion designated as abandoned, illegally parked, disabled, involved in an accident, or to be impounded because of criminal or other investigation. At the sole discretion of the Chief of Police, taking into consideration safety concerns, the owner or operator of a disabled vehicle may be permitted to arrange for the vehicle to be towed by a towing operator of his/her choice.
b. 
Store such vehicles and move such vehicles as directed by Chief of Police. When not otherwise directed or required by the Chief of Police, the owner or operator of a disabled vehicle may request that the vehicle be towed to a location other than the designated storage facility. Upon direction of the Chief of Police, the towing operator shall not release a vehicle towed which is subject to a criminal investigation, including, without limitation, compliance with "John's Law," without prior authorization by the Chief of Police.
c. 
Provide twenty-four (24) hours, seven (7) days a week service to the Township during the term of the contract.
d. 
Not utilize answering machines or answering services when on-call under the rotation list.
e. 
Respond promptly to all requests for municipal towing services by the Chief of Police. In any event, the towing operator shall respond and be present at the location (all locations within the Township) for municipal towing services within fifteen (15) minutes of receipt of notice of same between the hours of 8:00 a.m. and 5:00 p.m. (hereinafter "daytime"), and within twenty-five (25) minutes of receipt of notice between the hours of 5:01 p.m. and 7:59 a.m. (hereinafter "nighttime"). In the event a towing operator does not arrive at the tow location within the above time periods, the Police Officer on the scene shall have the right to have a substitute towing operator called to the location who will have the right to perform the municipal towing services; and the originally called towing operator shall have no right to payment from any party.
f. 
Not charge any fee for replacement of equipment or materials provided at the scene of the tow.
g. 
Tow any and all disabled Township owned or operated vehicle upon request by the Chief of Police to a location within the Township. The towing operator will not charge the Township for the towing of Township owned passenger vehicles or pick-up trucks within two miles of the Township border to a location within the Township. All other towing of Township owned or operated vehicles shall be charged pursuant to subsection 4-18.10 at a twenty (20%) percent discount. Nothing herein shall limit the Township from utilizing the towing services provided for in any public bid contract.
h. 
Clean up all broken glass and debris at the scene of accidents (all towing operators must be equipped with a broom and a shovel).
i. 
Ensure that all drivers and operators of the towing operator must wear ANSI Class II reflective safety vests at all times when responding to a request by the Township.
j. 
Furnish additional towing equipment and services during storm periods, periods of snow emergencies, traffic emergencies, natural, or other disasters, any acts of God, and for any other reason when so designated by the Chief of Police. Such standby service shall begin and end when the Chief of Police notifies the towing operator. The Township reserves the right, during any such emergency, to designate temporary areas owned or leased by the Township and/or the towing operator for the storage of disabled vehicles, and to direct the towing operator to remove such disabled vehicles to said areas.
k. 
A record of all vehicles towed and/or stored must be retained for a period of seven years. Such records shall include a report of all personal property found within a towed vehicle that can be observed by the towing operator at the time the vehicle came into the towing operator's possession, an accounting of all monies received for fees for towing, and a separate accounting of all monies received for fees for storage services pursuant to this section. The Chief of Police shall have access upon demand, to any and all records required to be kept by this section.
l. 
In all of the towing operator's dealings with the public, the towing operator shall act in a professional manner, courteous at all times, and respectful to members of the public, as well as representatives of the Township. Reports of discourteous behavior by the towing operator or his/her drivers which may be substantiated and documented, shall be considered by the Township as sufficient cause for revocation and termination of the towing operator's license, and be considered as material default under any license entered into with a towing operator pursuant to this section.
[Ord. No. 2014-42]
No towing operator, whether or not licensed with the Township, shall respond to the scene of an accident or emergency for the purposes of towing a vehicle unless specifically notified by the Chief of Police or his/her designee, or the individual involved in the accident or emergency. All persons, towing operators, and owners of towing equipment are hereby prohibited from soliciting business at the scenes of accidents and emergencies within the Township.
[Ord. No. 2014-42]
Any person having a dispute or complaint arising from a specific act of towing services or storage of motor vehicles which is regulated by this section shall present that complaint or dispute to the Chief of Police for resolution. The Chief of Police shall render his/her decision as to how the said complaint or dispute is to be resolved within fifteen (15) business days of his/her conducting a hearing as to the same. Such hearing can be in person, by telephone or on written presentation at the election of the Chief of Police. In the event of an adverse decision against a licensed towing operator, said license may be revoked. Any appeal of the Chief of Police's decision may be appealed to the Governing Body of the Township.
[Ord. No. 2014-42]
a. 
This section shall be enforced by the Neptune Township Police Department.
b. 
Any violation of the provisions of this section shall subject such violator, upon issuance of a summons and conviction in Municipal Court, and at the court's discretion, to the fines and penalties set forth in Township's General Penalty Ordinance (Section 1-5) for each such violation.
c. 
Any violation of the provisions of this section may also subject the violator to a revocation or non-issuance of the license with the Township. If a towing operator's license is revoked pursuant to this provision, such towing operator is barred from reapplying with the Township for a period of three (3) years from the date of the revocation.
d. 
In addition to any penalties or other remedies provided herein, the towing operator that has billed a person an amount in excess of the fee specified in this section for the service provided shall reimburse such person for the excess cost.
[Ord. No. 09-30]
On application to the Zoning Officer, or his or her designee, the Township Zoning Officer may permit, at his or her discretion, a special event, outdoor display and/or sale in parking lots, sidewalks or other premises adjacent to an applicant's commercial premises subject to the conditions contained herein.
[Ord. No. 09-30]
Special events shall include outdoor displays and/or sales of a commercial nature other than those sales covered by Section 4-20 and 4-21 of the Neptune Township Code.
[Ord. No. 09-30]
A permit for an outdoor special event, display and/or sale shall only be given if the applicant satisfies all of the following criteria:
a. 
A special event shall not extend beyond two (2) weeks and there shall be no more than two (2) permits for such activities issued per calendar year with each permitted activity not occurring closer than thirty (30) days from the end of the last permitted activity.
b. 
No food or foodstuffs shall be displayed or offered for sale except by a merchant whose normal business includes the sale of such items; said merchant must also maintain a valid permit for the food or foodstuffs displayed if the same area of the type which otherwise require a permit; said merchant shall also provide a trash receptacle of at least twenty-five (25) gallons capacity within five (5) feet of his/her display area.
c. 
The outdoor display and sale shall be restricted to areas zoned for commercial business and shall otherwise be in accord with all zoning regulations pertaining thereto.
d. 
The outdoor display sale shall not block pedestrian or motor vehicle traffic. Specifically, it shall not impede the flow of pedestrian traffic, including the handicapped, and said display shall in no way threaten the safety of the public. This includes, but is not limited to, ensuring that motorists are not visually or physically obstructed in an unsafe manner.
e. 
All signage and special effects must be limited to placement on the actual site of the special event, outdoor sale or display with detailed description set forth on the application concerning the number of signs, size and types. Said signage and special effects cannot adversely affect the health, safety or welfare of the public and are further subject to the Temporary Sign Ordinance found in the Land Development Ordinance of Neptune Township, Article IV, Section 416.05 and related ordinances.
f. 
The applicant shall demonstrate that the outdoor display and the sale serves the public purpose of furthering the commercial and mercantile growth and stability and/or aesthetics of the Township at large.
g. 
The permit shall not adversely affect the public welfare.
h. 
The applicant must complete a form prepared by the Township showing the applicant's name and location to be used for sale and display and a list of the goods or services to be displayed and offered for sale, with a diagram or narrative explaining exactly where the special event is to take place, the size and diameter of the event, the use of tents, signs and other advertising devices and the exact location of all displays. The application must be reviewed and approved for fire safety by the Fire Official of the Bureau of Fire Prevention, pedestrian and traffic safety by the Police Department and in the discretion of the Zoning Officer, any other official due to the unique nature of the special event. The Township can restrict any aspect of the special event if in its opinion any aspect of the event affects the safety, health and welfare of the public.
[Ord. No. 09-30]
The applicant shall pay a fee of one hundred ($100.00) dollars for each permit for special event and shall display the permit at the site of the special event in a conspicuous location that can be seen by the public.
[Ord. No. 09-30; Ord. No. 10-29 § 4]
Permits for outdoor displays, sales and special events are not required for Township-endorsed festivities or activities.
[Ord. No. 09-30]
This section shall be enforced by the Zoning Officer or his or her designee.
[Ord. No. 09-30; Ord. No. 10-29 § 5]
If the special event includes the sale of food by vendors, the coordinator of the special event shall indicate such on the Township application form. The Zoning Officer, or his designee, will notify the County Board of Health that foodstuffs are being sold at the special event. The coordinator of the special event shall be responsible for contacting the County Board of Health with a list of food vendors and any other information that the County Board of Health may require. There will be no additional fee collected by the Township for food vendors.
[Ord. No. 09-30]
a. 
Repealer. In the event that any clause, section or paragraph of this section is deemed to be invalid for any reason, then it is hereby declared to be the intent of the Governing Body that the balance of the section shall remain in full force and effect, the Governing Body hereby declaring that it would have adopted the remainder of the section even without the offending provision.
b. 
Severability. Any and all ordinances inconsistent with the provisions of this section shall be and the same are hereby repealed to the extent of any such inconsistencies.
c. 
Effective Date. This section shall become effective upon proper passage in accordance with the law.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 866, 97-46, 10-20, 10-29.
[Ord. No. 14-16]
a. 
Individual garage sale shall include lawn sale, yard sale, basement sale, or any occasion whereby used items owned by the resident of the premises are offered for sale on the premises.
b. 
Neighborhood/regional garage sale shall include lawn sale, yard sale, basement sale, or any occasion whereby used items owned by the resident of the premises are offered for sale on the premises owned by the collective residents of a neighborhood offered for the sale throughout the neighborhood. This may include a property owner's organization or group of property owners.
[Ord. No. 14-16]
a. 
No person or persons shall be permitted to conduct a garage sale without first obtaining a license from the Code Enforcement Officer. For neighborhood/regional garage sale, the Code Enforcement Officer must be notified thirty (30) days in advance of the sales date.
b. 
An application for a license shall be made on a form furnished by the Code Enforcement Officer and shall be accompanied by the required fee.
c. 
The Code Enforcement Officer shall issue the license provided that the following conditions are met:
1. 
The application is complete in all respects with the provisions of this section and all applicable State and municipal requirements.
2. 
Any premises on which a licensed garage sale is to be conducted conforms to all requirements of this section and all applicable State and municipal requirements and will be free of fire and other safety hazards.
3. 
The date(s) on which the proposed garage sale will be held has been clearly determined.
[Ord. No. 14-16]
a. 
The fee for the issuance of an individual garage sale license shall be ten ($10.00) dollars.
b. 
The fee for the issuance of a garage sale license for participants in a neighborhood/regional garage sale shall be five ($5.00) dollars.
[Ord. No. 14-16]
a. 
Any license for a garage sale shall be valid and remain in force for a maximum of three (3) days and shall apply only to the person to whom granted and shall not be transferable.
b. 
A license shall be valid for a single premises only. Participants in neighborhood/regional garage sale must each obtain a license.
c. 
Items must be displayed on the licensed premises only.
d. 
A garage sale may not be conducted earlier than 8:00 a.m. nor later than 5:00 p.m.
e. 
Posting of signs shall be in accordance with the Township's Sign Ordinance.
f. 
No person shall be issued more than two (2) licenses within twelve (12) months for the purpose of conducting a garage sale. Participation in a neighborhood/regional garage sale shall not be counted towards the two (2) annual individual licenses.
g. 
No more than two (2) licenses for a neighborhood/ regional garage sale shall be issued within a twelve (12) month period.
h. 
Any person to whom a license is granted shall be required to exhibit such license in a conspicuous location.
[Ord. No. 14-16]
Any license under this section shall be deemed null and void at the discretion of the Chief Law Enforcement Officer of the Township or his/her authorized representative for any of the following reasons:
a. 
Creating a nuisance or other public disturbance.
b. 
Creating traffic or other safety hazard.
c. 
Impeding pedestrian traffic.
[Ord. No. 214 § 1]
a. 
It shall be unlawful for any person to advertise or conduct any sale of goods, wares or merchandise, at retail, that is represented as a bankrupt, insolvent, assignees, adjusters, trustees, executors, administrators, receivers, wholesalers, jobbers, manufacturers, closing out, liquidation, closing stock, fire or water damage sale, or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares or merchandise, of any business for less than the current or going retail price thereof in the Township, without first filing with the License Collector the inventory hereinafter provided for and obtaining from him license so to do, to be known as a "Closing Out Sale License."
b. 
The fee for such a license shall be as follows: For a period not exceeding ten (10) days, one hundred ($100.00) dollars; for a period not exceeding twenty (20) days, two hundred ($200.00) dollars; for a period not exceeding thirty (30) days, three hundred ($300.00) dollars, provided, that only one (1) such license shall be issued to any one (1) person within a twelve (12) month period, and no such license shall be issued for more than thirty (30) days.
[Ord. No. 214 § 2]
a. 
The inventory required by subsection 4-21.1 shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required together with the wholesale price thereof, which inventory or list shall be signed by the person seeking the license, or by a resident agent thereunto authorized, and by affidavit he/she or such agent shall swear or affirm that the information therein given is full and true, and known by him/her or such agent to be so.
b. 
It shall be unlawful to sell, offer or expose for sale at any such sale, or to list on such inventory any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replacements or additions to such stock for the purposes of such sale, or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the License Collector of the Township may ascertain the kind and quantity or number sold.
[Ord. No. 214 § 3]
The License Collector may, in his or her discretion, verify the details of any inventory filed for the purpose of obtaining a "Closing Out Sale License," or he or she may make a check and verify the items of merchandise sold during the sale, and it shall be unlawful for any person to whom a "Closing Out Sale License" has been issued to fail or refuse to give the License Collector all the facts connected with the stock on hand or the proper information of goods sold, or any other information that he or she may require in order to make a thorough investigation of all phases connected with the sale.
[Ord. No. 214 § 4]
The provisions of subsections 4-21.1, 4-21.2, and 4-21.3 shall not be applicable to trustees in bankruptcy, executors, administrators, receivers, or public officers acting under judicial process.
[Ord. No. 214 § 5]
As used in this section:
ANY BUSINESS
Shall mean and include the business formerly carried on or conducted by any other person other than the person so conducting such sale. The provisions of this section shall apply, though the sale is conducted or run in conjunction with or in addition to regular or ordinary business of the person operating or conducting such sale.
PERSON
Shall mean and be deemed to include any individual, partnership, firm or corporation.
[Ord. No. 214 § 6; New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 214 § 7]
The provisions of this section are in addition to any other applicable provisions of this chapter.
[Ord. No. 696 § 1]
As used in this section:
POOL OR BILLIARD HALL OR PARLOR AND LICENSED PREMISES
Shall mean any place of public assemblage in which the games commonly known as pool or billiards or games of a similar nature are played.
[Ord. No. 696 § 2]
No person shall operate or conduct a pool or billiard hall or parlor without having first obtained from the Township a license to do so and upon payment to the Township of an annual license fee as provided in the Mercantile License Ordinance of the Township.[1]
[1]
Editor's Note: Fees are codified in Section 4-12 of this chapter.
Any person desiring to obtain a license shall make application for the same in writing to the Township License Officer, as provided in Section 4-2 of this chapter.
[Ord. No. 696 § 4]
No licensee, nor any agent, servant, or employee of a licensee, shall allow, suffer, or permit, or cause to be allowed, suffered or permitted, the following:
a. 
The licensed premises to be or remain open for business between the hours of 1:00 a.m. and 9:00 a.m. on a weekday, and between the hours of 2:00 a.m. and 1:00 p.m. on a Sunday.
b. 
A minor under the age of sixteen (16) years, unaccompanied by a parent or guardian, to play in or at the licensed premises the games commonly known as pool or billiards or games of a similar nature, or to frequent or lounge or congregate or gather therein or in or about the front of the premises.
c. 
A minor over the age of sixteen (16) years and under the age of eighteen (18) years to play in or at the licensed premises, after the hour of 7:00 p.m. the games commonly known as pool or billiards or games of a similar nature, or to frequent or lounge or congregate therein.
d. 
Any gambling in any form in or at the licensed premises.
e. 
Any person under the age of twenty-one (21) years to be employed in any capacity in or at the licensed premises.
f. 
Any intoxicated or disorderly person to be admitted to the licensed premises or to remain therein or to loiter in front of the premises.
[Ord. No. 696 § 5; New]
Any person, firm, or corporation who shall violate any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 1556 § II; Ord. No. 95-6 § 1]
As used in this section:
BED AND BREAKFAST ESTABLISHMENTS
Shall mean a hotel which serves a continental breakfast, but does not serve regular meals, and:
a. 
Is comprised of a structure that was originally constructed for the purpose of a private residence.
GUEST HOUSE
Shall mean a facility providing sleeping or dwelling accommodations to transient guests;
a. 
Is comprised of a structure that was originally constructed for the purpose of a private residence;
b. 
Includes individual sleeping accommodations for twenty-five (25) or fewer guests;
c. 
Has at least one (1) dwelling unit occupied by the owner of the facility as his place of residence during the time that the facility is being used for the lodging of a guest;
d. 
Conforms to the requirements of a guest house under the Uniform Fire Code - 5:18-1.5.
HOTEL
Shall mean any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests. This definition shall also mean and include any motor lodge, motor court, motel, tourist lodge or tourist court.
HOUSING OR LODGING UNIT
Shall mean any room, cabin, or quarters, whether or not physically attached to or connected with any other building or structure, used for the sleeping or housing accommodations in the business of conducting tourist lodges, hotels, or motels.
PERSON
Shall mean any person, individual, firm, association, partnership or corporation.
[Ord. No. 1556 § III; Ord. No. 95-6 § II]
a. 
No cooking facilities of any kind shall be constructed, installed, placed or used in any tourist cabin, hotel, lodge, or motel within the confines of Neptune Township; nor shall any food be prepared, cooked, or made suitable for consumption on or about any tourist cabin, hotel, lodge, motel, nor shall the preparation, cooking or making suitable for human consumption of food on or about, or in such tourist cabin, hotel, lodge, or motel be permitted by the owners, managers, lessees, operators, or licensees thereof, except for a restaurant operating as such exclusively for the preparation and serving of food and except for one (1) superintendent's or manager's apartment.
b. 
This shall not prohibit any bed and breakfast establishment from serving a continental breakfast.
[Ord. No. 1556 § IV; Ord. No. 462 § I; Ord. No. 95-6 § III; Ord. No. 95-9 § I; Ord. No. 2016-26]
a. 
Each operator shall at all times cause to be maintained on the premises a register, which shall constitute the register of the premises, and an operator log, consisting of a bound book with consecutively numbered pages, which shall constitute the operator log of the premises. The register and operator log shall be preserved for seven (7) years upon the premises.
b. 
No person shall occupy and no operator shall permit any person to occupy any housing or lodging unit on the premises, unless each person or head of the party who is to occupy such housing unit shall first display to a duly authorized agent or employee of the hotel, motor lodge, in charge of the register at least one (1) form of identification which shall serve as written evidence of his or her identification and permanent address. The form of identification that was produced shall be recorded as well as any information from the identification that differs from the identification supplied by the person renting the room.
c. 
The operator shall cause to be written into the register, in ink, the number or name of the housing or lodging unit assigned to each registrant, the date of the registration, the signature of the person taking or accepting the registration and the date when the occupants of each housing or lodging unit quit and surrender the same.
d. 
In addition to the foregoing information, the operator shall cause to be written into the operator log, in ink, the number or name of the housing or lodging unit assigned to each registrant, the date of the registration, the initials of the person taking or accepting the registration and the date when the occupants of each housing or lodging unit quit and surrender the same.
e. 
The register and operator log shall be kept and preserved by the operator, and local police authorities or any duly authorized agent of the Governing Body of Neptune Township may seek authorization to inspect said register and operator log through an appropriately issued Subpoena or Court Issued Warrant, unless the hotel operator voluntarily and legally consents to the inspection, said consent of which can legally be withheld.
f. 
The Township's Director of Code/Construction shall be authorized to grant written approval to an automated system of record keeping proposed by the owner/ operator provided that said system contains all of the information as required herein. Any changes to an approved system will void said approval and require the owner/operator to contact the Director of Code/ Construction for review and approval.
[Ord. No. 1556 § V; Ord. No. 95-6 § IV]
It shall be the duty of the Police Department of the Township of Neptune, and any duly authorized agent of the Township to inspect the premises from time to time, at any hour of the day or night, to determine that the provisions of this section are complied with.
[Ord. No. 95-6 § V]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment in the County jail for a term not to exceed ninety (90) days, or both, in the discretion of the Court. The continuation of such violation for each successive day shall constitute a separate offense and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Ord. No. 1445 preamble]
The Township Committee is responsible for the health, safety and welfare of the residents of the Township.
Ocean Grove is an integral part of the Township.
The Township Committee has found that it is unable to adequately meet the needs of an increasing sheltered care population.
[Ord. No. 1445 § 1; Ord. No. 1628 § 1; Ord. No. 1644]
The number of beds in rooming houses, boarding homes for sheltered care, regardless of referral sources or statutory classification of clientele, in the Ocean Grove section of Neptune Township, shall be limited to two hundred seventy-nine (279) beds.
[1]
Editor's Note: Former Section 4-25, Rooming and Boarding House Site Licensing Board; Licensure of Rooming and Boarding Houses, previously codified herein and containing portions of Ordinance Nos. 1661, 95-37, 96-15, 97-9, 98-52, 99-14 and 08-05 was repealed in its entirety by Ordinance No. 13-37.
[Ord. No. 99-18 § 1]
As used in this section:
APPLICANT
Shall mean a person, firm, company, association or corporation applying for a license to operate rolling chairs on the boardwalk and permitted areas in the Township.
BOARDWALK
Shall mean elevated walk or promenade along the ocean front.
LICENSEE
Shall mean the person or corporation in whose name the license is issued by the Mercantile Officer of the Township of Neptune.
OPERATOR
Shall mean the driver or person at the controls of a rolling chair.
OWNER
Shall mean the person or corporation actually owning or leasing the rolling chairs.
ROLLING CHAIR
Shall mean a wheeled vehicle for the transportation of two (2) or three (3) persons for hire.
RUN
Shall mean the interval consumed between the time a passenger hires a rolling chair and the time the passenger leaves the rolling chair.
STREET
Shall mean the public streets in the Township of Neptune.
[Ord. No. 99-18 § 1]
No person shall operate, conduct or maintain a rolling chair, without written approval from the Ocean Grove Camp Meeting Association and a license for so doing from the Mercantile Officer of the Township of Neptune. Such license shall be effective for the period of April 1st to October 31st of the current year.
[Ord. No. 99-18 § 1]
The annual license fee for each rolling chair shall be thirty ($30.00) dollars.
[Ord. No. 99-18 § 1]
Upon providing written approval from the Ocean Grove Camp Meeting Association, payment of the license fee for a rolling chair as specified in this section and upon the full and complete compliance with all the terms and provisions of this section by an applicant, the Mercantile Officer of the Township of Neptune or other duly authorized agent for the Township of Neptune shall issue to the applicant a license therefor, for the rolling chairs proposed to be operated by such applicant, not exceeding ten (10) in number, copies of which license shall be securely fastened on the back of the chair at the left-hand side on a line with the seat, so that the same may be readily seen and inspected by the agents of Neptune and the public.
The maximum number of rolling chairs which may be licensed at any one (1) time for operations in the Township of Neptune shall be limited to ten (10).
Once an applicant has been issued a license and has become a licensee, and for so long as said license has not been revoked for cause, or the Township has decided to repeal this section and prohibit the use of rolling chairs, then said licensee shall be entitled to renew his license annually upon the payment of the required fees and upon compliance with this section. In the event that the applications for rolling chairs exceed ten (10) in any year, priority will be given to existing licensees who have complied with the terms of this section.
[Ord. No. 99-18 § 1]
The Mercantile Officer of the Township of Neptune or other duly authorized agents of the Township of Neptune shall keep a record of each license issued for rolling chairs, and shall in said record designate the person to whom such license is issued, and the number of rolling chairs for which the license has been issued.
[Ord. No. 99-18 § 1]
Any license issued to any one (1) person or persons under this section shall not be transferable to any other person or persons.
[Ord. No. 99-18 § 1]
Before the issuance of a license to an applicant, that applicant by April 1 of each year, shall file with the Mercantile Officer of the Township of Neptune, a statement which shall list the rates to be charged for hire of the rolling chairs described in the license and operated from the rolling chair station. It shall be unlawful for any licensee, owner, manager, operator or pusher to charge more than the price fixed in said schedule, at any time or under any circumstances. No change in any existing rate schedule filed, as aforesaid, shall become effective until ten (10) days after said new rate schedule shall have been filed in the office of the Mercantile Officer of the Township of Neptune.
The owner or licensee of each rolling chair shall place on the inside of the front of each rolling chair, open to the view of the passengers, a reproduction of the sign or rate card posted in the rolling chair station, in miniature form, not smaller than two and one-fourth inches by six and one-half (2-1/4" x 6-1/2") inches. It shall be unlawful for any owner, licensee or manager to operate any rolling chair unless the rate sign referred to in this section shall be affixed thereto.
The owner of each rolling chair shall place on either side and on the front thereof in line with the seat board of said chair, sign not exceeding three (3") inches in width and nine (9") inches in length, containing the name of the licensee of said chair, which chair shall also exhibit a copy of the Township of Neptune license and the rolling chair station number, if any.
[Ord. No. 99-18 § 1]
Rolling chairs shall be permitted to be operated on the boardwalk and on the sidewalk in the center of Ocean Pathway. It shall be unlawful for rolling chairs to operate anywhere in the Township except in areas as described above. Rolling chairs shall not be permitted on any street, avenue, way or road except to cross Ocean Avenue at the crosswalk between the pavilion at Ocean Pathway and Ocean Avenue and the sidewalk in the center of Ocean Pathway and the crosswalk on Beach Avenue at the center of Ocean Pathway. It shall be unlawful for any licensee, manager, or operator as heretofore defined, to establish a stand, concession or depot for the storage or hire of rolling chairs on or in any of the permitted operation areas as described herein.
It shall be unlawful for any licensee, manager, or operator as heretofore defined, to be under the influence of illegal drugs, alcohol, or smoking or chewing any tobacco product at any time while in the actual performance of his business or duty.
All operators, while in the performance of their business or duty, shall act in a kind, courteous and polite manner to customers or patrons of the rolling chair, and to all other persons. It shall be unlawful for any operator to shout, bounce the rolling chair, or operate the rolling chair in any fashion which would endanger the occupants thereof, or any other persons.
It shall be lawful for any operator to stop his rolling chair briefly for the convenience of a passenger. In such case, the chair shall be moved off the lane, and, if requested by the passenger to wait for a short interval, the operator may park the chair for a short interval.
It shall be unlawful for any owner, licensee, manager or operator to solicit the hiring of rolling chairs by use of any mechanical means.
It shall be unlawful for any licensee, owner or manager to operate or permit to be operated, any mechanically operated rolling chairs.
It shall be unlawful for any licensee, owner, manager or operator to permit or allow more than three (3) adults to ride in or occupy any rolling chair at any one (1) time. Children under eight (8) shall not be construed as adults.
Rolling chairs may be operated from 10:00 a.m. to 12:00 a.m. (midnight), seven (7) days per week.
It shall be unlawful for chairs to be operated in the same direction abreast of or alongside each other, except when passing each other, and not more than one (1) rolling chair shall pass another rolling chair at the same time and place. No rolling chair shall pass another rolling chair except by passing towards the center. No rolling chair shall pass more than three (3) preceding chairs at one time.
It shall be unlawful to operate any rolling chairs at a speed in excess of four (4) miles per hour.
No rolling chair shall be equipped with any horn, bell or other warning or signaling device, nor shall the use of any horn, bell or other warning or signaling device be permitted in its operation. No rolling chair shall have affixed to it any sign, display or advertising other than the name of the owner and operator of the rolling chair, and the schedule of rates.
It shall be unlawful for the operator of a rolling chair to impede or interfere with vehicles or traffic on public streets and the operator shall obey all traffic laws when operating a rolling chair on a public street.
Operators of rolling chairs shall be required to dress in a neat and appropriate fashion. All operators are required to wear shoes, pants and shirts. Each licensee shall establish a standard uniform or dress for its employees operating rolling chairs.
[Ord. No. 99-18 § 1]
All rolling chairs shall be properly maintained and neatly painted at all times. Rolling chairs shall not remain on the boardwalk during the hours of 12:00 a.m. (Midnight) to 10:00 a.m. In the event that the rolling chairs are stored during the hours of non-operation, the storage facility shall be maintained in an orderly and neat fashion and shall comply with all applicable zoning regulations.
[Ord. No. 99-18 § 1]
Before being granted a license, every applicant for a license shall file with the Mercantile License Officer of the Township of Neptune a Certificate of Insurance issued and duly countersigned by a duly licensed and authorized New Jersey insurance agent, evidencing the issuance and actual existence of a policy of insurance of a safe, reputable casualty insurance company duly licensed and authorized to transact business under the laws of the State of New Jersey. By such policy of insurance said insurance company shall agree, for and on behalf of such licensee and his, her, their or its servants, agents, employees, successors and assigns, to pay all sums, to the limits specified, which the licensee shall become legally obliged to pay as damages because of bodily injury, sickness or disease including death at any time resulting therefrom, sustained by any person or persons (other than any operator or person employed or under contract by said licensee), or damage to property, caused by accident and arising out of the ownership, maintenance, use of operation of rolling chairs, owned, leased to or rented by such licensee and arising or resulting from and out of any and all operation incidental to or connected with the conduct and operation of such rolling chair business by such licensee. Said policy shall indemnify and save harmless the Township of Neptune, its agents, servants and employees, from any liability to persons or property, including the payment of all attorneys fees and costs incurred to defend any suit, demand, presentation or action arising out of the licensee's ownership, maintenance, use or operation of rolling chairs within the Township of Neptune and said policy shall name the Township as an additional insured.
Such policy of insurance shall provide a minimum limit of liability on the part of the insurance company in the amount of five hundred thousand ($500,000.00) dollars for one (1) person for all damages, including damages for care and loss of service, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person in any one (1) accident and five hundred thousand ($500,000.00) dollars for each accident, which latter limit, subject to the above provisions respecting each person, is the limit of the insurance company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by two (2) or more persons in any one accident. Said policy of insurance shall further provide a minimum limit of liability on the part of the insurance company in the amount of five hundred thousand ($500,000.00) dollars for all damage to property, arising out of any one (1) accident.
[Ord. No. 99-18 § 1]
If any licensee shall fail to fully and promptly comply with the provisions of this section and with all other laws, ordinances and regulations pertaining to the business of such licensee, or in the event of the failure to maintain insurance in full force and effect without lapse, as required under this section, then and in either or any of such events, the rolling chair license issued to such licensee shall immediately cease, terminate and become null and void and of no effect and licensee shall forthwith and without delay of any kind surrender such license to the Mercantile License Officer of the Township of Neptune for cancellation and shall forthwith and immediately cease, terminate, discontinue and end all operations and business conducted by licensee under said license. All fees and costs shall be forfeited.
[Ord. No. 99-18 § 1]
The use of the word "person" shall, for the purpose of this section, be deemed to include persons, firms, associates, copartnerships and corporations.
[Ord. No. 99-18 § 1]
Any person violating any of the provisions of this section shall upon conviction in the Municipal Court of the Township of Neptune be punished for each offense by a fine not to exceed five hundred ($500.00) dollars and/or imprisonment in the County Jail for a term not to exceed ninety (90) days. Each time a chair shall be operated in violation of the foregoing section or any part thereof, it shall constitute a separate and distinct offense.
[Ord. No. 03-16 § 1]
Applicants for a license to operate and conduct a legalized game of chance within the boundaries of the Township of Neptune shall be subject to the rules and regulations promulgated by the New Jersey Legalized Games of Chance Control Commission and all applicable State statutes.
[Ord. No. 03-16 § 1]
The fees payable to the Township of Neptune to operate and conduct a legalized game of chance shall be the amount equal to the amount charged by the Control Commission pursuant to N.J.A.C. 13:47-4.9. However, the amount of the fees payable to the Township shall not exceed fifty ($50.00) dollars for any game of chance.
[Ord. No. 09-09; Ord. No. 11-20]
APPROPRIATE MUNICIPAL AGENCY
Shall mean the Zoning Officer or Code Enforcement Department of Neptune Township who shall be responsible to enforce compliance with the provisions of this ordinance and issue notices and violations for non-compliance with this section.
BINS
Shall mean canisters, cards, receptacles or other similar devices for the collection of money, personal property or other things of value.
PERSON
Shall mean any person, firm, partnership, corporation, limited liability company, company, organization or entity of any kind.
SOLICITATION OR SOLICIT
Shall mean the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money, property or other things of value. Solicitation shall take place whether or not the person making the solicitation receives any contribution.
[Ord. No. 09-09; Ord. No. 11-20]
Notwithstanding any other provision of this section, no persons shall place, use or employ a clothing donation bin for solicitation purposes, unless all the following requirements are satisfied:
a. 
The person has obtained a permit, valid for a period of one (1) year from the Mercantile Officer or other designated officer within the municipality in which the clothing donation bin will be placed in accordance with the following:
1. 
In applying for such permit, the person's application shall include:
(a) 
The location where the bin would be situated, as precisely as possible;
(b) 
The manner in which the person anticipates any clothing or other donations collected via the bin will be used, sold or disbursed, and the method by which the proceeds of the collected donations will be allocated or spent;
(c) 
The name and telephone number of the bona fide office required pursuant to paragraph b of this subsection, of any entity that may share or profit from any clothing or other donation collected via the bin;
(d) 
Written consent from the property owner to place the bin on its property.
2. 
The appropriate municipal agency or office shall review the application filed with the Mercantile Officer or other designated officer and the Mercantile Officer or other designated officer shall not grant an application for a permit to place, use or employ a clothing donation bin if the appropriate municipal agency determines that the placement of the bin constitutes a safety hazard. Such hazards shall include, but not be limited to, the following:
(a) 
Placement of a clothing donation bin within one hundred (100') feet of any place that stores large amounts of, or sells, fuel or other flammable liquids or gases.
(b) 
Placement that in the opinion of the appropriate municipal agency endangers the safety of persons or property.
(c) 
Placement that in the opinion of the appropriate municipal agency would unreasonably interfere with or impede the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicles.
(d) 
Placement that in the opinion of the appropriate municipal agency would unreasonably interfere with the ingress to or egress from any residence or place of business.
(e) 
Placement that unreasonably interferes with the use of traffic signs or signals, fire hydrants or mailboxes located or permitted at or near said location.
(f) 
Placement that is within fifteen (15') feet of any fire hydrant, fire call box, police box or other emergency facility.
(g) 
Placement that is within ten (10') feet of any building, showroom or residence unless written permission from the owner is secured and the same is submitted with the application.
(h) 
Placement within five (5') feet of or any public area improved with lawn, flowers, shrubs, trees or landscaping.
(i) 
Placement within three hundred (300') feet of any residential property.
(j) 
Placement in the front or side yard of property unless the appropriate municipal agency or office provides an exception wherein the best interests of the Township is served and where appropriate screening and access is provided.
3. 
The Mercantile Officer or other designated officer may impose a fee for such application, in the amount of twenty-five ($25.00) dollars for a permit of one (1) year. An expiring permit for a clothing donation bin may be renewed upon application for renewal and payment of a fee of twenty-five ($25.00) dollars annually.
4. 
Renewal applications shall include the following:
(a) 
The location where the bin is situated, as precisely as possible, and if the person intends to move it, the new location where the bin would be situated after the renewal is granted and the written consent from the property owner to place the bin on his property;
(b) 
The manner in which the person has used, sold or disbursed any clothing or other donations collected via the bin, the method by which the proceeds of the collected donations have been allocated or spent and any changes the person anticipates may make in these processes during period covered by the renewal; and
(c) 
The name and telephone of the bona fide office required pursuant to paragraph b of this subsection of any entity that shared or profited from any clothing or any other donations collected by the bin, and any entities that may do so during the period covered by the renewal.
5. 
A sticker with the permit number and the date of expiration shall be clearly and conspicuously displayed on the exterior of the clothing donation bin with additional information required pursuant to paragraph c of this subsection.
b. 
The person and any other entity that may share or profit from any clothing or other donations collected by the bin, maintains a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of obtaining information concerning the person or other entity. For purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office; and
c. 
The following information is clearly and conspicuously displayed on the exterior of the clothing donation bin:
1. 
The name and address of the registered person that owns the bin, and any other entity that may share or profit from any clothing or other donations collected by the bin;
2. 
The telephone number of the person's bona fide office and, if applicable, the telephone number of the bona fide office of any other entity that may share or profit from any clothing or other donations collected by the bin;
3. 
In cases when an entity other than the person who owns the bin may share or profit from any clothing or other donations collected by the bin, a notice written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both may be shared, or given entirely to, an entity other than the person who owns the bin, and identifying all such entities that may share or profit from such donations; and
4. 
A statement, consistent with the information provided to the appropriate municipal agency or office in the most recent permit or renewal application pursuant to paragraphs 1 and 4 of paragraph a of this subsection indicating the manner in which the person anticipates any clothing or other donations collected via the bin will be used, sold or disbursed, and the method by which the proceeds of the collected donations would be allocated or spent.
d. 
Clothing bins on any property shall be limited to a maximum of one (1) clothing bin per every fifty (50) marked parking stalls, or part thereof. In no instance shall the number of clothing bins exceed three (3) clothing bins per property.
[Ord. No. 09-09]
All bins placed in the Township of Neptune shall be subject to the following maintenance requirements:
a. 
Bins may not be left with personal property beyond the confines of the bin and/or lying on property surrounding the bin for more than twenty-four (24) hours from the time of notification by the appropriate municipal agency or office.
b. 
The bin shall not be used for advertising signs or publicity purposes other than those dealing with the display, or receipt of donated property.
c. 
Each bin shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limitation to the foregoing, each bin shall be serviced and maintained so that:
1. 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
2. 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof.
3. 
The structural parts of the bin are not broken or unduly misshapen.
4. 
The bins are free from all graffiti.
[Ord. No. 09-09; Ord. No. 11-20]
a. 
The appropriate municipal agency or office shall receive and investigate, within thirty (30) days, any complaints from the public about an existing bin. Whenever it appears that a person has engaged in, or is engaging in any act or practice in violation of this section, the person who placed the bin shall be issued a warning stating that if the violation is not rectified or a hearing with the appropriate municipal agency or office is not requested within fifteen (15) days, the bin will be seized and removed at the expense of the person who placed the bin and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
b. 
In the event the person who placed the bin does not rectify the violation or request a hearing within fifteen (15) days of the posting of the warning, the appropriate municipal agency or office may seize the bin and remove it or have it removed at the expense of the person who placed the bin and sell at public auction or otherwise dispose of any clothing or any other donations collected via the bin. Any proceeds from the sale of the donations collected by the bin shall be paid to the Chief Financial Officer of Neptune Township.
c. 
In the event that the person who placed the bin cannot be contacted after due diligence by the appropriate municipal agency and a violation of this section mandates the removal of the clothing bin, the owner of the property on which the clothing bin is located shall be responsible for the removal of the clothing bin or the expense of the cost of removal by the appropriate municipal agency.
[Ord. No. 09-09]
a. 
In addition to any of the other penalties or remedies authorized by the law of this State any person who violates this section that results in a seizure of the clothing donation bin shall be:
1. 
Subject to a penalty of up to twenty thousand ($20,000.00) dollars for each violation. The appropriate municipal agency or office may bring this action in the Municipal Court or the Superior Court as a summary proceeding under the "Penalty Enforcement Law of 1999" (N.J.S.A. 2A:58-10 et seq.) and any penalty monies collected shall be paid to the Chief Financial Officer of the Township of Neptune; and
b. 
Deemed ineligible to place, use or employ a clothing donation bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.61. A person disqualified from placing, using or employing a clothing donation bin by violating the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the appropriate municipal agency to have the person's eligibility restored. The appropriate municipal agency may restore the eligibility of a person who:
1. 
Acts within the public interest; and
2. 
Demonstrates that he made a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws or regulations or had no fraudulent intentions.
[1]
Editor's Note: Prior ordinance history includes Ordinance Nos. 11-21 and 2015-53.
[Ord. No. 2016-38]
As used in this section, the following terms shall have the meanings indicated:
ACCEPTABLE IDENTIFICATION
Shall mean 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 or request.
DEALER
Shall mean 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 secondhand goods as defined herein; pawnbrokers as defined herein; itinerant businesses as defined herein. For the purposes of this section, transient buyers, as defined herein, are subject to the same licensing and reporting requirements as any other dealers.
EXEMPTIONS
Shall mean for the purposes of this section, goods subject to this section 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.
ITINERANT BUSINESS
Shall mean a dealer who conducts business intermittently within the municipality or at varying locations.
JEWELRY
Shall mean personal ornaments, such as, but not limited to, necklaces, rings or bracelets that are typically made from or contain jewels and precious metals.
PAWNBROKER
Shall mean any person, partnership, association or corporation lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehousemen and lending money on goods, wares or merchandise pledged or deposited as collateral security.
PRECIOUS METALS
Shall mean gold, silver, platinum, palladium, and their alloys as defined in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
PUBLIC
Shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Shall mean every transaction conducted between a dealer and a member of the public in which precious metals or jewelry, as defined herein are purchased or pawned.
SECONDHAND GOODS
Shall mean used goods such as gold, silver, platinum or other precious metals, jewelry, coins, gemstones, gift cards, word processors, GPS devices, computers, computer hardware and software, television sets, telephones, cell phones, tools, electronic devices, sporting goods, automotive equipment, collectables, game cartridges, DVD's, CD's, other electronically recorded material, firearms, cameras and camera equipment, video equipment and other valuable articles. Specific goods excluded include antiques, typewriters, records or stereo sets, musical instruments, furniture or clothing.
SELLER
Shall mean a member of the public who sells or pawns used goods such as precious metal, jewelry and/or secondhand goods as defined above to a dealer.
TRANSIENT BUYER
Shall mean a dealer, as defined herein, who has not been in a registered retail business continuously for at least six (6) 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 (6) months.
[Ord. No. 2016-38]
a. 
No person, partnership, limited-liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals, jewelry or secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Township Mercantile Officer, which license shall bear a number issued by the Township Mercantile Officer.
b. 
The application for a license to the Township Mercantile Officer 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.
c. 
Advertising in any print or electronic media or by sign that any of those articles referred to in subsection 4-29.1 above are being bought in any location within the municipality shall constitute engaging in business as a dealer for purposes of this section. 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 chapter and shall be subject to the penalties established in subsection 4-29.8.
d. 
Licensees may not operate at any location other than site specified in the license. Licensees operating at multiple locations must have each location separately licensed. Each location must be permanent. Itinerant businesses and transient buyers, as defined in Subsection 4-29.1 above, are not eligible for licensure and are prohibited from operating in the Township.
[Ord. No. 2016-38]
a. 
Upon receipt of an application completed pursuant to this section, the Township Mercantile Officer shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee, pursuant to this section 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 subsection 4-29.1 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.
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 metals, jewelry or secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature.
b. 
The Chief of Police shall complete any investigation pursuant to this section within thirty (30) days of the submission of the application to the Township Mercantile Officer, 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 Township Mercantile Officer, 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 Township Mercantile Officer accepts the recommendation of the Chief of Police to deny any license, the applicant shall be notified in writing within ten (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 as defined in subsection 4-29.1. 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 subsection 4-29.4, the retention and inspection requirements of subsection 4-29.5, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the Township Mercantile Officer shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 4-29.6 of this section.
e. 
Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before the Police Director or other designated party by the Governing Body, 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 ten (10) days of receiving written notice of denial of a license to act as a dealer of precious metals, jewelry or secondhand goods.
f. 
No license shall be assignable by the dealer.
[Ord. No. 2016-38]
For every reportable 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, jewelry or secondhand goods acceptable identification as defined above in subsection 4-29.1.
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 eighteen years and the identification presented is valid and correct."
c. 
Record and issue to each person selling or pawning such goods on a sequentially numbered receipt:
1. 
The name, address, and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;
2. 
The name, address, date of birth, and telephone number of the seller or sellers;
3. 
A photographed recording 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 subsection 4-29.1, 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. Items should not be grouped together when photographing or imaging. Each item should have its own photograph;
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 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 and 51:6-1 et seq.;
10. 
The time and date of the transaction.
d. 
The information outlined in paragraph c above must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section 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 his or her duty as set forth in paragraph 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 paragraph c above.
e. 
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within twenty-four (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 paragraph 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 section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in subsection 4-29.5.
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, jewelry or secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 4-29.5, if the Police Department seeking said examination has presented a Subpoena or Warrant allowing challenge by the dealer or in cases where the dealer has allowed inspection and examination by voluntary, legally and informed consent.
[Ord. No. 2016-38]
a. 
All precious metals, jewelry and 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 fifteen (15) calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 4-29.4. All precious metals, jewelry or secondhand goods subject to inspection 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 fifteen-day retention period has expired. 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 subsection 4-29.4b 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 (5) years, a paper record of all purchases of precious metals, jewelry and secondhand goods in the form prescribed in subsection 4-29.4c.
d. 
No dealer shall purchase any item covered by this section from any person under the age of eighteen (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 thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 4-29.8 of this section.
1. 
Grounds for Suspension. The following shall constitute grounds for suspension: violation of any provisions of this section, 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 Township Mercantile Officer, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to paragraph g. 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 jewelry and/or secondhand goods in the municipality until reinstatement.
3. 
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Police Director to review the grounds for suspension, been cured, corrected, or appropriately rectified.
f. 
Revocation. A license issued under this section may be revoked by the Township Mercantile Officer 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 section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 4-29.8.
1. 
Grounds for Revocation. The following shall constitute grounds for revocation: a third violation under this section; a second violation under this section less than one year after an earlier violation under this section; 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 Township Mercantile Officer in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. The Police Director shall review the stated grounds for revocation and shall issue an appropriate disposition of either suspension, revocation, or reinstatement. If it is determined that revocation is the appropriate disposition, the grounds therefor shall be set forth in writing in 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 determined that suspension is the appropriate disposition, the dealer shall be so notified in writing and shall be advised of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating as a dealer of precious metals, jewelry or secondhand goods within the municipality.
g. 
Appeal. Any applicant wishing to appeal a suspension or revocation shall be entitled to a hearing as provided in subsection 4-29.3e. Any applicant exercising the right to appeal must file a written notice of appeal within ten (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, provided that he or she notifies the Township Mercantile Officer, in writing, of the street address of said new location.
[Ord. No. 2016-38]
Each dealer covered under this section shall deliver a bond to the Township Mercantile Officer 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 Township Attorney, as defined in N.J.S.A. 40A:9-139, and shall be in the penal sum of ten thousand ($10,000.00) dollars, 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 section, 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 Neptune, 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 chapter." 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.
[Ord. No. 2016-38]
a. 
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals, jewelry or secondhand goods, as covered under this section, is two hundred ($200.00) dollars. The annual renewal fee for a license is one hundred ($100.00) dollars. 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 subsection 4-29.5d. Payments are to be made in the manner directed by the Township Mercantile Officer.
b. 
Licenses issued pursuant to this chapter are valid for one year, from January 1 through December 31. Initial applications and applications for renewal must be submitted no later than October 1.
[Ord. No. 2016-38]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding ninety (90) days in addition to a suspension or revocation of operating license as provided in subsection 4-29.5e and f 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 section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 4-29.5f. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2016-38]
Nothing contained in this section is intended to replace any preexisting 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. 13-26; Ord. No. 13-33]
As used in this section:
BED AND BREAKFAST
Shall mean a facility providing sleeping or dwelling accommodations to transient guests as defined by N.J.A.C. 5:70-1.5 or successor amended State Regulations and subsection 4-23.1 and successor amended ordinances.
DATE THAT THE LEASE IS ENTERED INTO
In the case of the renewal of leases, shall mean the starting date of the last renewal term. Anniversary date shall mean the date that the lease is entered into or periodic tenancy commenced (oral lease) and each yearly renewal date thereafter.
EXISTING LEGAL RENT
Shall mean the actual legal monthly rental a tenant is paying for his apartment or mobile home unit or space. At the time of the adoption of this section, if the present monthly rent being paid by a tenant is five hundred eighty ($580.00) dollars and the tenant is also paying a twenty ($20.00) dollar a month hardship surcharge, the existing legal rent for the next permissible increase will be six hundred ($600.00) dollars and the next permissible increase will be the increased percentage in CPI as set forth in subsection 4-30.2b, x $600.00. Thereafter, the "existing rent" will be this six hundred dollars ($600.00) plus any CPI increases. Any capital improvement surcharge shall be separate from the rent and not be included in the base rent.
[1]
GUESTHOUSE
Shall mean a facility providing sleeping or dwelling accommodations for transient guests as defined by Neptune Township Code subsection 4-23.1.
HOUSING SPACE, DWELLING, MOBILE HOME OR APARTMENT
Shall mean and include the portion of a structure rented or offered for rent for living and dwelling purposes to one (1) individual or family unit together with all privileges, services, furnishings, furniture, equipment, facilities, parking and garage facilities (whether optional or mandatory), and improvements connected with the use or occupancy of such portion of the property. Included are any buildings, structures, mobile homes, or land used as a mobile home park, rented or offered for rent to one or more tenants or family units. Exempt from this section are: motels, hotels and similar type buildings; bed and breakfast facilities, guesthouses; commercial buildings with regard to commercial rentals; owner-occupied with four (4) units or less rental units; single-family structures and housing structures in general with four (4) rental units or less. Housing units newly constructed and rented for the first time are exempt, with regards to tenant's first year rental. That is the initial rent may be determined by the landlord but all subsequent rents will be subject to the provisions of this section, subject further to any State Statute such as N.J.S.A. 2A:42-84.2, which may provide a temporary exemption for newly constructed multiple dwellings. Further exemption may exist by the preemption by Federal and State Statutes regulating residential rents such as, but not limited to, dwellings owned by HUD, financed under Federal programs and subject to regulations promulgated by the Department of Housing and Urban Development, and housing regulated and provided under the New Jersey Housing Finance Agency Law of 1967. (N.J.S.A. 55:14J). Condominiums and Cooperative units in any particular complex where there are five (5) units or more owned by the same owner, those five (5) units or more shall not be exempt from Rent Control.
LEGAL RENT
Shall mean any consideration paid by tenant or mobile home owner or tenant for the use and occupancy of the rental property. All charges that are considered mandatory for all tenants, including but not limited to refurbishment fees and administrative fees, shall be considered "rent" and shall be illegal unless inclusive of all rents and meeting the ceiling limitations of this section. Optional charges, which are chosen by tenants such as pet fees, pool fees, recreation fees, and the like, shall not be inclusive of the definition of "rent" as viewed by this section.
Enforcement fees or security fees such as late fees, bounced check fees, legal fees and costs of court for enforcement of a breach of lease agreement and increases in security deposit are also not considered "rent" for purposes of this section.
NOTIFY OR NOTIFICATION
Shall mean either certified mail, or regular mail or hand delivery acknowledged by written receipt; or if the party refuses to claim or acknowledge delivery, by regular mail.
PRICE INDEX
Shall mean the "Consumer Price Index for all urban consumers" for the region of the United States, of which Neptune Township, New Jersey, is a part (i.e. the New York-East-New Jersey region) published periodically by the Bureau of Labor Statistics, United States Department of Labor.
SUBSTANTIAL COMPLIANCE
Shall mean that the housing space and dwelling are free from all heat, hot water, elevator and all health, safety and fire violations as well as ninety (90%) percent qualitatively free of all other violations of the Neptune Township Property Maintenance Ordinance, Uniform Construction Code, Hotel and Multiple Dwelling Law, Mobile Home Park Ordinance and Statute (mobile home units only).
[1]
Editor's Note: Ord. No. 13-26, codified herein as Section 4-30 was adopted August 12, 2013.
[Ord. No. 13-26]
a. 
Establishment of rents between a landlord and a tenant in any dwelling shall hereafter be determined by the provisions of this section. Any rental increase in excess of that authorized by the provisions of this section shall be void.
b. 
Upon proper notice at the expiration of a lease or periodic tenancy, no landlord may request or receive an increase greater than the percentage increase, if any, in the Price Index published in the fourth month prior to the month in which the lease or periodic tenancy terminates over the Price Index published in the sixteenth month prior to the month of termination. The rent resulting from the imposition of any increase provided hereunder may be rounded to the nearest dollar with regard to the final step of calculation only. Calculation of the CPI published shall be in the month it is published not the month of designation, i.e.,
November CPI published in December is December's CPI. Calculation of percentages shall be calculated out two (2) decimal points only and then dropped not rounded. No landlord shall request or receive more than one (1) rental increase per year per housing space or mobile home space unless said housing space or mobile home space is decontrolled by a vacancy. By way of example, a rent increase computed in accordance with the provisions of this section shall be computed as follows:
EXAMPLE
Assuming a lease or periodic tenancy expires in April of 2005, use the CPI published in the fourth preceding month, or December of 2004 (a below). Take the CPI published in the sixteenth month preceding the month of termination, or December of 2003 (b below) and subtract b from a. To calculate the percentage change in the CPI, take c and divide it by b (d below).
Next, multiply the current rent by the percentage change in the CPI (e below) and add to the current rent to arrive at the new rent.
a.
CPI published in December 2004
293.9
b.
CPI published in December 2003
-283.6
c.
Difference in CPI
10.3
d.
Percentage change in CPI
10.3 divide by 283.6 =
.03
e.
Permissible increase is $400
(Current rent) multiplied by .03 =
12.00
f.
New rent is (rounded to nearest dollar)
$412.00
[Ord. No. 13-26; Ord. No. 2014-28]
a. 
Any landlord seeking an increase in rent shall, at least sixty (60) days prior to the effective date of the increase, notify the tenant of the calculations involved in computing the increase, including the Price Index at the respective dates as required in subsection 4-30.2 the allowable percentage increase, the allowable rental increase, the previous year's base rent, and a certification by the landlord that the dwelling is in substantial compliance with the Municipal Property Maintenance Code, Uniform Construction Code, Hotel and Multiple Dwelling law and Mobile Home Park Ordinance and Statute (for mobile home units only). Failure to comply with this provision shall result in the rental continuing at old rent until proper notice is given.
b. 
Any landlord seeking a rent increase, a lease renewal or an agreement to extend or renew leases shall provide notice of said action in writing to the tenant at least sixty (60) days prior to the effective date of increase renewal, extension or other action and further that no tenant shall be required to sign any such rent increase notice, renewal or agreement to extend or renew lease until such tenant has had the opportunity to review the documents for a period of five (5) business days.
[Ord. No. 13-26; Ord. No. 2014-28; Ord. No. 2016-43]
a. 
In the event that a landlord cannot receive a fair return after having received the increase provided in subsection 4-30.2, he may appeal to the Rent Leveling Board for increased rental. The Board may grant a hardship rent increase to meet this requirement. The landlord must provide evidence according to the standards recognized at law for determining fair return. The Board will rely upon the recognized standard that a landlord should receive a net operating income of at least forty (40%) percent of the gross annual income after deducting reasonable and necessary operating expenses, in the absence of an adequate showing that utilization of this standard will result in an unfair return to the landlord. Operating expenses shall not include mortgage principal or interest payments, depreciation or amortization. Any hardship increase granted by the Board will take the place of the annual CPI increase and shall be equally prorated to all units within the structure thirty (30) days after the decision of the Rent Leveling Board, provide that no increase shall take effect with regard to any tenant who has a written lease until the expiration of the lease unless the lease provides otherwise.
b. 
Landlord may seek an additional surcharge for major capital improvements or services. To qualify for a major improvement surcharge, claimant must show a benefit to the tenant in the form of improved lifestyle, convenience, ease and/or security, and compliance with the definition of capital improvements found in the Internal Revenue Code. The landlord must notify each tenant of the total cost of the completed capital improvement or service, the number of years of useful life of the improvement as claimed by the landlord for purposes of depreciation for income tax purposes, the cost of the improvement, the total number of square feet to the dwelling or garden apartment complex, the total square feet occupied by the tenant and the capital improvement surcharge he is seeking from each tenant. The landlord seeking a capital improvement or service surcharge shall appeal for the surcharge to the Rent Leveling Board who shall determine if the improvement is a major improvement and if so, may permit such increase to take place and may direct that the increase shall be collected in equal monthly payments spread over the useful life of the capital improvement. If the increase is granted it shall not be considered rental and calculated in the cost of living increases. In any event, no increase authorized by this section shall exceed fifteen (15%) percent of the tenant's rent.
c. 
Prior to any such appeal to the Board provided for in paragraphs a and b of this subsection, a landlord must post in the lobby of each building or if no lobby is present, in a conspicuous place in and about the premises a notice of the appeal setting forth the basis for the appeal. The notice must be posted for a least fifteen (15) days prior to the proposed date of appeal. He shall also send a separate notice by regular and certified mail return receipt requested to each tenant at least fifteen (15) days prior to the proposed date of the appeal. Landlord must also submit to the Board a certification from the Housing and Construction Department of Neptune Township that the building and grounds are in substantial compliance with the municipal Property Maintenance Ordinance, Uniform Construction Code, Hotel and Multiple Dwelling Law and with regards to mobile homes the Mobile Home Park Ordinance.
d. 
Definitions. As used in this section:
1. 
FAIR NET OPERATING INCOME – Shall mean the amount determined by subtracting reasonable and necessary operating expenses from gross annual income which amount should not be less than forty (40%) percent of the gross annual income.
2. 
GROSS ANNUAL INCOME – Shall mean all income resulting directly or indirectly from the operation of a property or building, such as all rent received or collectable, including any rent from a less than arms-length transaction, the landlord's share of interest on security deposits, all earnings from commission, vending machines, late fees, pet fees, parking fees, pool fees, key charges, finder's fees, amount received from successful tax appeals, income from rebates, tax surcharges, capital improvement surcharges, computed in accordance with the provisions and limitations of this section.
3. 
REASONABLE AND NECESSARY OPERATING EXPENSES – Includes all expenses incurred and paid by a landlord necessary to the operation and maintenance of the residential rental property during the period reflected in the income computed in this section, excluding mortgage, principal or interest payments, depreciation or amortization, computed with these limitations:
(a) 
Taxes shall be limited to amounts actually paid, including those in escrow for appeal;
(b) 
Repairs and maintenance shall be limited to arms-length transactions and shall be reasonable and necessary. Cost of service contracts shall be prorated over the period covered. Painting shall be prorated at a period of three (3) years for the interior of dwelling units or five (5) years for the exterior and common areas;
(c) 
Purchase of new equipment shall be reflected and prorated over the useful life of the item;
(d) 
Legal and auditing expenses shall be limited to reasonable and necessary costs of the operation of the property;
(e) 
Management fees shall be limited to actual services performed, such as the resident manager's salary, telephone expenses, postage, office supplies, stationery, and the value of the apartment provided if included in income. In no event shall management fees exceed five (5%) percent of the first $50,000.00 of gross maximized annual income; four and one-half (4 1/2%) percent of the next $25,000.00; four (4%) percent of the next $100,000.00; three and one-half (3 1/2%) percent of the next $100,000.00 and three (3%) percent of any amount over $275,000.00;
(f) 
Salaries not included in management fees shall be limited to actual services performed and reasonable for similar position in the area, including rental value, if included in income and expenses and wages and benefits paid;
(g) 
Advertising shall be actual costs that are reasonable to insure occupancy only;
(h) 
Utilities such as gas, electric, water and oil, shall derive from arms-length transactions and the landlord shall demonstrate that all reasonable efforts to conserve energy and fuels have been used;
(i) 
Insurance costs shall derive from all arms-length transactions prorated over item of policies;
(j) 
The history of the income and expense shall be consistent with the application or fully documented as to any changes.
e. 
In any such application for a hardship increase, the landlord shall specifically submit adequate proof to demonstrate:
1. 
He/she is an efficient operator of the residential rental property;
2. 
The residential rental property is in a safe and sanitary condition and in substantial compliance with State Health Codes and the Property Maintenance Code;
3. 
If, during consideration of a hardship increase, the Rent Leveling Board shall determine that the landlord is not in substantial compliance with any or all of the above, the Board may temporarily withhold further consideration of the Hardship Increase Application until the landlord has corrected any such deficiency.
f. 
If, after a full hearing, the Rent Leveling Board shall determine that the landlord is in full compliance with the provisions of this section, it may permit a rental increase sufficient to reestablish the sixty (60%) percent relation of reasonable and necessary operating expenses to the forty (40%) percent fair net operating income. Any increase shall be equally prorated to all of the affected units within the structure or on the property, upon thirty (30) days notification after the Board has approved of the hardship increase.
g. 
In determining the rent increases under this section, the Rent Leveling Board shall consider whether the rent increase permitted by this section provides the landlord with a just and reasonable rate of return. The Rent Leveling Board shall be guided in its determination by whether the rental increase will result in a rate of return which is sufficiently high so as to:
1. 
Encourage good management, including adequate maintenance of services;
2. 
Furnish reasonable reward for efficiency to the landlord;
3. 
Enable landlords to maintain and support their credit.
h. 
If the Rent Leveling Board determines that the rental increase does not provide the landlord with a fair and reasonable rate of return under paragraph g1, 2 and 3, the Rent Leveling Board shall have the authority to appropriately adjust the rental increase to provide the landlord with a fair and reasonable rate of return.
[Ord. No. 13-26]
There is hereby created a Rent Leveling Board within the Township of Neptune. The Board shall consist of five (5) regular members and two (2) alternate members. The members of the Board shall be appointed by the Governing Body and their terms of office shall be for a period of one (1) year each, with each member serving without compensation.
Except as provided herein, the powers herein granted to the Rent Leveling Board are advisory powers and its actions shall be subject to review by the Governing Body of the Township hereinafter provided.
The Board shall elect among themselves a Chairperson at the first annual meeting of the Rent Leveling Board, which it is called. The Township Committee shall appoint a paid Board Secretary and legal counsel when needed. The Construction Official, Housing Inspector and/or Code Enforcement Officer may be called for specific reasons when needed by the Board and in its discretion. The Board shall be subject to Open Public Meeting Act.
[Ord. No. 13-26]
The Rent Leveling Board is hereby granted, and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this section, including but not limited to the following:
a. 
To issue and promulgate such rules and regulations as it deems necessary to implement the purposes of this section, which rules and regulations shall have the force of law until revised, repealed or amended by the Board in the exercise of discretion, providing that such rules are filed with the Township Clerk.
b. 
To supply information and assistance to landlords and tenants to help them comply with the provisions of this section.
c. 
To hold hearings and adjudicate applications from landlords for additional rental and surcharges.
d. 
To hold hearings and adjudicate applications and complaints from tenants for reduced or improper rentals. The Board shall give both landlord and tenant reasonable opportunity to be heard before making any determination.
e. 
Upon application the Board may in its discretion issue written advisory opinions as to any issue of jurisdiction on any future potential matter. The opinion shall not be binding but shall be advisory in nature and provide guidance for future actions.
[Ord. No. 13-26]
Both landlord and tenant may appeal in writing the findings of the Board to the Governing Body within twenty (20) days from the date of the determination. The Township Committee shall hold a hearing on the record before the Board. Procedures for appeal and costs shall be determined in the Rules and Regulations of the Board.
[1]
Editor's Note: Subsection 4-30.8, Tax Reduction; Tenant Credit, containing portions of Ordinance No. 13-26, was repealed in its entirety by Ordinance No. 2014-28.
[Ord. No. 13-26]
During the term of this section, the landlord shall maintain the same standards of service, maintenance, furniture, furnishings and equipment in the housing space, dwelling and common areas as it provided or was required to do by law or lease or tenancy at the date the lease or tenancy was entered into or started. In the event the landlord fails to provide such services, tenants may petition the Board for a rent reduction.
[Ord. No. 13-26]
The owner of housing space or dwelling being rented for the first time shall not be restricted in the initial rent he charges. Any subsequent rental increases, however, shall be subject to the provisions of this section.
[Ord. No. 13-26]
Should a lease entered into between the landlord and tenant prove to be in conflict with a Rent Leveling Ordinance, the Ordinance shall take precedence.
[Ord. No. 13-26; Ord. No. 2014-28]
Upon the voluntary, uncoerced or court authorized termination of a tenancy, during or at the end of any lease, the rent shall be decontrolled and the rent may be raised by the landlord without regard to the limitations imposed by this section. The rent to be charged to a new tenant, as well as the rent previously charged for the same space, shall be reported to the Rent Leveling Board within fifteen (15) days of renting the space. Upon re-rented, the rental space shall be considered recontrolled to the same extent and under the same conditions as any space originally controlled.
Failure to report the information required within the fifteen (15) days specified shall result in the rental space remaining controlled to the same extent and under the same conditions as if it had not been vacant and any rental charged the new tenant in excess of that controlled rate shall be void.
[Ord. No. 13-26]
Any tenant filing a complaint with the Rent Leveling Board against the landlord shall be required to sign a complaint and appear before the Board to give testimony as requested by the Board. The landlord and/or his representative upon due notice shall be required to appear and give testimony. Any tenant appearing before the Board may select someone to represent them who need not be an attorney provided the person representing the tenant is authorized to do so in writing. Any person representing a tenant except an attorney is not permitted to charge a fee for his service. Any landlord who is incorporated or is an LLC must be with legal counsel when appearing on a landlord instituted complaint.
[Ord. No. 13-26]
When the Rent Leveling Board shall request of any landlord any information with respect to any rental unit such information shall be provided to the Rent Leveling Board within fifteen (15) days of such request. Failure to report the information required within the fifteen (15) days specified shall result in the rental space remaining controlled to the same extent and under the same conditions as it had not been vacant and any rental charged the new tenant in excess of that controlled rate shall be void.
[Ord. No. 13-26]
All landlords shall be required to have at all times a copy of the Rent Leveling Ordinance posted in the lobby or other conspicuous place in the premises of the landlord and provide a copy to all tenants on the initial lease or tenancy or all existing tenants written sixty (60) days of enactment of this section.
[Ord. No. 13-26]
This section being necessary for the welfare of the Township of Neptune and its inhabitants shall be liberally construed to effectuate the purposes thereof.
[Ord. No. 13-26]
The Rent Leveling Board of the Township of Neptune has been authorized and instructed to administer the provisions of the Senior Citizens and Disabled Protected Tenancy Act, Chapter 226 of the Laws of New Jersey 1981. The Rent Leveling Board of the Township of Neptune has been instructed to report to the Mayor and Township Committee within thirty (30) days, its recommendations as to the fees which should be charged to owners seeking to convert properties to condominiums or cooperatives as provided in Section 16 of the Act. Until such time as the Rent Leveling Board has submitted its recommendations and the Mayor and Township Committee have had an opportunity to act thereon, it is necessary to establish interim fees for the processing of notices and applications and to otherwise administer the provisions of the Senior Citizens and Disabled Protected Tenancy Act.
[Ord. No. 13-26]
The following fee structure is provided to cover the costs of the services to be provided by the Township of Neptune under the provisions of the Senior Citizens and Disabled Protected Tenancy Act and are to be paid by the owners of properties sought to be converted to condominiums or cooperatives at the time such owners take steps to invoke the services of the Township under the Senior Citizens and Disabled Protected Tenancy Act:
a. 
Five hundred ($500.00) dollars for the application for conversion of structures; and
b. 
Ten ($10.00) dollars for each unit.
[Ord. No. 13-26]
This section shall take effect upon publication according to law and remain in effect until such time as an ordinance establishing permanent fees for the Township's services under the Senior Citizens and Disabled Protected Tenancy Act is adopted by the Mayor and Township Committee of the Township of Neptune.
[Ord. No. 13-26]
a. 
Any person violating any of the provisions of Sections 4-30 and/or 4-31 shall, upon conviction thereof, be subject to a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars or be imprisoned for a term not to exceed ninety (90) days, community service not exceeding ninety (90) days or any combination thereof. Each day that any violation continues shall be considered a new and separate violation of Sections 4-30 and/or 4-31.
b. 
Upon recommendation to the Township Committee by the Rent Leveling Board that a violation be prosecuted, it shall be the duty of the Township Housing Inspector or Code Enforcement Officer to sign the complaint, within fifteen (15) days after the Township Committee has authorized the same by resolution.
[Ord. No. 13-26]
a. 
Any person who violates any provision of Sections 4-30 and/or 4-31 shall and upon conviction for the first offense pay a fine of not more than five hundred ($500.00) dollars and for the second offense shall pay a fine of not more than one thousand ($1,000.00) dollars; and for the third offense shall pay a fine of one thousand two hundred fifty ($1,250.00) dollars or be imprisoned for a period not more than ninety (90) days or community service not to exceed ninety (90) days or any combination thereof. Each and every offense shall be deemed to be and constitute a separate and distinct violation of these sections.
b. 
In addition to the penalties hereinabove provided in the case of conviction under Sections 4-30 and/or 4-31, upon any four (4) convictions for violations of these sections, the premises in or upon which the violations occurred shall be deemed a nuisance and the owners, tenants and occupants of such premises shall be liable for the penalties and additional penalties provided for the maintenance of nuisances and in accordance with such acts made and provided.
c. 
Any person who is not in willful violation of Sections 4-30 and/or 4-31, but still violates these sections shall first be given twenty (20) days written notice by the Neptune Township Housing Department or Code Enforcement Department to cease the aforesaid violation before a complaint is filed against the landlord or owner of a mobile home park. This does not include complaints filed by tenants before the Rent Leveling Board claiming an illegal rent increase by the landlord or requesting a reduction in rent for reduced services. In those cases, the complaint filed by the tenant before the Rent Leveling Board and served upon the landlord or mobile home park owner shall be sufficient notice of violation. A willful violation is considered a direct violation of a Board decision or Court order.
[Ord. No. 2015-55]
a. 
The Township, in its sole discretion, may grant a property owner of the Township of Neptune a revocable license in writing, allowing for said property owner to create or continue an existing encroachment upon municipal property where such an encroachment is considered by the governing body not to be a significant impairment to the Township's use of the Township property, is not a safety hazard and satisfies the standards set forth in Subsection 4-33.2 of this section and will be removed at the sole cost and expense of the property owner should the Township determine, in its sole discretion, that such encroachment needs to be removed in order for the Township to make use of or enter upon said Township property, subject to approval by the State of New Jersey in those cases, and in those cases only, where state approval is required either because of green acres funding of public property or other state requirements.
b. 
Any revocable license granted by the Township must be granted by resolution, be in written form of agreement, approved by the Township Attorney and possess in the very least a Indemnification and hold harmless clause protecting the municipality against injury or damages; allow for the removal of the encroachment upon notice of termination in the sole discretion of the Township and at the sole cost and expense of the property owner and enforceability in case the property owner fails to comply with the aforesaid license agreement, by allowing the Township to remove said encroachment at the sole cost and expense of the property owner.
c. 
All License agreements shall be recorded in the Clerk's Office of Monmouth County at the sole cost and expense of the property owner.
d. 
Change in ownership of property subject to a revocable license agreement shall require either termination of the license agreement or an assignment to the new owner of the existing revocable license agreement, and approval by the governing body by resolution.
[Added 10-28-2019 by Ord. No. 2019-35]
[Ord. No. 2015-55]
a. 
The Governing Body in considering the approval of said Revocable License shall only grant by resolution such a license if the property owner meets the following criteria:
1. 
The existing or proposed encroachment shall not create an obstruction to vehicle, bicycle or pedestrian traffic as determined by the Township Engineer.
2. 
The encroachment or proposed encroachment shall not infringe upon any easements held by the Township or other public agencies or utilities.
3. 
The encroachment or proposed encroachment shall not obstruct the sight triangle.
4. 
The encroachment or proposed encroachment shall not create or contribute to a safety hazard as determined by the Township Engineer.
[Ord. No. 2015-55]
a. 
The governing body of Neptune Township shall review any written request or application by letter or other written form of an owner of real estate for a license to an existing encroachment or a proposed encroachment by submitting said written request through the Township Administrator with a general description of the existing or proposed encroachment (height, length, width, materials, distance between walking surface and bottom of encroachment, etc.) including plan or drawing showing the location and elevation and end section.
b. 
Application for assignment of license agreements shall follow the same procedure as for the initial revocable license agreement with reliance on the original plans and description only.
[Added 10-28-2019 by Ord. No. 2019-35]
[Ord. No. 2015-55]
a. 
The following encroachments shall be allowed without a License Agreement; though they may be subject to other local, State or Federal Regulations:
1. 
Mailboxes and mailbox pillars.
2. 
Temporary placement of trash or recycling containers for pickup.
3. 
Structures created by the Township or with Township authorization, such as sidewalks, etc.
4. 
Vegetation, grass and plant beds not in violation of standards under subsection 4-33.2 or other laws of the municipality, State or Federal Government, or other third party legal rights.
[Ord. No. 2015-55]
a. 
Minor Encroachment. Property owners with minor encroachments as defined by Subsection 4-33.6 shall pay, in addition to the cost of recording the revocable license agreement with the Clerk of Monmouth County, a one-time fee for preparation of the agreement and for the allowance of a license by the Township of $150.
b. 
Major Encroachment. Property owners, in addition to paying for the cost of the recording of the revocable license agreement with the Clerk of Monmouth County shall pay the Township an annual fee of $300, which shall be inclusive of the cost of preparation of the revocable license agreement and granting of the license, where the encroachment or encroachments cover less than 70 square feet of municipal property or right-of-way, and a $500 annual fee for encroachments which cover 70 or more square feet of municipal property or right-of-way, to be paid annually on the anniversary date of the Revocable License Agreement.
c. 
Determination. The governing body shall make the determination of the type of encroachment based on the application or request and/or description provided of the encroachment and pursuant to Subsection 4-33.6.
d. 
Assignments. Property owners requesting assignment of an existing revocable license agreement to a new owner of the subject property shall pay a fee of $100 in addition to the cost of recording in the Clerk's Office of Monmouth County.
[Added 10-28-2019 by Ord. No. 2019-35]
[Ord. No. 2015-55]
MINOR ENCROACHMENT
Shall mean those encroachments whose surface and aerial uses are easily removable from the right-of-way or Township property as determined by the Township Engineer, including but not limited to the following: fences, surface parking, awnings, overhangs, aerial cables or small temporary structures without foundations as determined by the Township Engineer.
MAJOR ENCROACHMENT
Shall mean all other encroachments not identified as minor.
MIXED ENCROACHMENT
Shall mean should there be multiple encroachments in the same municipal right-of-way or municipal property area of which some are minor and some are major, the encroachment shall cumulatively be treated as a major encroachment for purposes of the fee with one fee for all encroachments in the same area.
SAME AREA
Shall mean in the same block and lot or immediate adjacent lot owned by the same property owner.