Editor's Note: See also Chapter 5, Licensing and Regulation of Amusements and Entertainments, for licensing and business regulations for amusement devices, shows and circuses, pool and billiard parlors, coin-operated music devices, cabarets, dances and entertainments.
[1980 Code § 133-1]
Every person, corporation or association required to procure
a license or permit under the provisions of any law or ordinance of
the Borough of Roselle Park shall submit the proper required application
accompanied by the full amount of the license or permit fee.
[1980 Code § 133-2; New]
The proper official or board shall collect all past due taxes
and penalties and fees, issue licenses or permits in the name of the
Borough of Roselle Park and deposit all fees with the Chief Financial
Officer.
[1980 Code § 87-1]
a.
The purpose of this section is the regulation of the opening and
closing hours of all business and commercial establishments to which
the public is invited, other than gasoline stations which are governed
by separate section, in the interest of the protection of the employees,
patrons and law enforcement officers. It has been determined that
unprotected and understaffed business and commercial enterprises are
prey to the criminal element in our society during the late night
and early morning hours and that certain security devices must be
provided in order to protect the general public who uses these establishments.
b.
The provisions and requirements of this section shall not apply to
nor include any business or commercial establishment issued a license
or permit for on-the-premises consumption of alcoholic beverages or
permitted or not permitted to carry on a business or commercial activity
under the laws of the United States, the State of New Jersey or other
municipal ordinances not inconsistent with the provisions of this
chapter.
[1980 Code § 87-2]
a.
No business or commercial establishment to which the public is invited
shall be open between the hours of 12:00 midnight and 2:00 a.m. (2400-0200
hours) unless there are two (2) employees on continuous duty in that
part of the business or commercial establishment to which the public
is invited.
b.
No business or commercial establishment to which the public is invited
shall be open between the hours of 2:00 a.m. and 5:00 a.m. (0200-0500
hours) unless:
1.
There are two (2) employees on continuous duty in that part of the
business or commercial establishment to which the public is invited;
and
2.
The business or commercial establishment shall either employ a security
officer or have in operation on the premises a security device approved
by the Chief of Police, which may consist of a silent and/or audible
burglar alarm connected to a central security monitoring system designed
to activate Police response or such other device which can be activated
instantaneously to notify Law Enforcement Officers that a crime or
disorderly person's activity is in progress.
[1980 Code § 87-3; New]
[1980 Code § 136-7]
a.
All deliveries of advertising material permitted under this section
within the Borough shall be made to the front entrances of the premises
and shall be subject to the licensing provisions of this section.
b.
ADVERTISING MATERIAL
Definition. As used in this section:
Shall mean unsolicited, printed advertising or commercial
literature of any kind for any commercial purpose.
c.
No distributor of advertising material shall conduct business within
the Borough without a municipal license. Application for licenses
shall be made to the Municipal Clerk by the person or entity in whose
name the license should be issued. The applicant shall complete a
form indicating the business or trade name, address, telephone number
and reason for distributing the advertising material. The fee for
such license shall be twenty-five ($25.00) dollars. The issuance of
a license shall be denied with return of any fee paid upon failure
or refusal of the applicant to properly and completely prepare the
application for this license, or on grounds of misrepresentation by
the applicant or violation of any municipal ordinance. Licenses issued
under this section shall expire six (6) months from the date of issuance.
d.
The licensing requirements of this section shall not apply to:
1.
Persons acting on behalf of a duly incorporated nonprofit charitable,
religious, political, historical or philanthropic organization; or
2.
Any person engaged in the delivery of goods, wares or merchandise
in the regular course of business to the premises of persons ordering
or who are entitled to receive the same; or
3.
Any public utility, as defined in N.J.S.A. 48:2-1, or to any employee
of such public utility; or
4.
Subscribed for newspaper delivery; or
5.
Telephone book delivery.
e.
All licenses under this section shall grant authority to the licensee
only and shall not be transferable from person to person. The provisions
of this section may be waived for special events authorized by resolution
of the Borough Council.
[1980 Code § 136-8]
Failure to comply with the requirements of this section, including
the filing of a false application, shall constitute a violation hereof
and subject the violator to a penalty of one hundred ($100.00) dollars
for the first offense; two hundred ($200.00) dollars for the second
offense; and three hundred ($300.00) dollars for a third or subsequent
offense. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
[1980 Code § 136-9]
This section shall be enforced by the Borough Code Enforcement
Officer, the Police Department or its auxiliaries.
[1980 Code § 74-1]
As used in this chapter:
Shall mean any type of alarm system actuating equipment in
the alarm panel which provides warning of intrusion, fire, smoke,
flood or other peril.
Shall mean a type of device that employs an automatic dialing
system, pre-coded to connect with a telephone in the Police Headquarters
or Fire Department headquarters.
Shall mean the actuation of an alarm system by causes other
than those to which the alarm system was designed or intended to respond.
Shall mean any alarm or device which, when activated, produces
a signal, such as burglar alarms which actuate bell devices.
Shall mean any natural person, partnership, corporation or
association or any other legal entity.
[1980 Code § 74-2]
a.
No person shall install, operate or maintain any type of alarm system
within the Borough unless the alarm system has been registered with
the Police Chief or Fire Chief, as the case may be, in accordance
with the requirements of this section.
b.
The owner of the premises in which an alarm system is to be installed
shall file with the Police Chief or Fire Chief, where applicable,
a completed registration form which shall include, among other information,
the location of the device, the name of the installer of the device,
the type of device, a description of intended testing procedures,
a list of persons to be contacted in the event of an alarm and other
data as may be required by the Chief of the Department intended to
respond to any such alarm. Registration pursuant to this section may
be accomplished by the lessee of the premises upon the submission
of written permission therefor by the owner of such premises.
[1980 Code § 74-3]
All local alarms, as hereinabove defined, shall be equipped
with a time relay or battery to limit the sounding of alarms to thirty
(30) minutes or less.
[1980 Code § 74-4]
Owners of alarm systems, upon registration, shall be deemed
to have consented to inspection of the premises in which the alarm
devices are installed at reasonable hours by the Police Chief and/or
Fire Chief, or their designated representatives.
[1980 Code § 74-5]
No person shall install any burglar/intrusion alarm equipment
and/or fire alarm equipment in Police headquarters or Fire headquarters,
including but not limited to dial alarms, for the purpose of transmitting
any signals or alarms to the attention of the Police or Fire Department
from a location in the Borough outside of Police headquarters for
the purpose of obtaining Police or Fire Department response thereto.
A person who shall connect equipment as herein described shall pay
to the Borough of Roselle Park an annual fee of one hundred ($100.00)
dollars on or before December 1 of each year, and such annual fee
shall be apportioned in the event of a connection during the year.
[1980 Code § 74-6]
In addition to the requirements hereinabove set forth, all dial alarm systems intended for use within the Borough shall be approved in writing by the telephone company; further, a test alarm of such proposed system shall be conducted by or on behalf of the applicant. The results of such test and the written approval by the telephone company shall be submitted to the Police Chief or the Fire Chief, where applicable, for official action or approval. All dial alarms shall be coded to notify a relative, neighbor or other third party who shall be named in the registration required in paragraph b of subsection 4-4.2. All dial alarms shall be capable of being disconnected by the owner to permit a call to the Police switchboard or fire station in the event that a false alarm occurs.
[1980 Code § 74-7; New]
a.
The Police Department and the Fire Department shall keep a record
of all false alarms relayed by all alarm systems installed within
the Borough and recorded pursuant to this section.
b.
In the case of a false alarm, any person having knowledge thereof
shall immediately notify the Police Department or Fire Department,
where applicable. Upon such occurrence, the Police Chief and/or Fire
Chief shall cause an investigation thereof to be made.
c.
Penalties in accordance with the following schedules shall be imposed
for the relay of false alarms: for the first and second false alarms
in any given ninety (90) day period, a warning shall be issued by
the Chief of the Department to which such false alarms were reported;
for the third false alarm in the same period, a fine of fifty ($50.00)
dollars shall be paid by the owner of the alarm system to the Borough
of Roselle Park; and for the fourth and each subsequent false alarm
within the same period, the owner shall be fined a sum of seventy-five
($75.00) dollars. The Chief of the Department having jurisdiction
thereof shall cause written notice of any warning or fine imposed
by this section to be mailed to the owner of the alarm system by certified
mail, return receipt requested. All fines imposed by this section
shall be paid not later than thirty (30) days from the date of receipt
of the notice. Upon the failure of any owner of an alarm system to
pay a fine within the time period designated, the registration of
the system at issue shall be revoked and the system shall be disconnected
upon application therefor to the Police Committee by the Department
Chief who has imposed such fine. The Borough may seek to recover this
fine in the Municipal Court of the Borough of Roselle Park. The fine
may be waived by the Police Chief if bona fide documentation is supplied
by the homeowner to prove malfunction of the system.
d.
Where an investigation by the Police and/or Fire Department discloses
a continued history of false alarms emanating from any one (1) alarm
system, i.e., more than five (5) false alarms within the same calendar
year, or a failure to take remedial steps to cease the issuance of
false alarms, the Department Chief having jurisdiction thereof shall
file a report detailing such situation with the Police or Fire Committee,
and the applicable Committee shall then make a recommendation to the
Mayor and Council as to whether to revoke the registration of the
system and have it disconnected.
[1980 Code § 74-8]
The Police Chief and Fire Chief may propose rules and regulations
in order to provide for efficient record-keeping and the management
of the system described herein. Such proposed rules and regulations
shall become effective upon the recommendation of the Police Committee
or Fire Committee, where applicable, and approval by the Mayor and
Council. Upon such approval, the Department Chief having jurisdiction
thereof shall cause copies of such rules and regulations to be mailed
to all owners of alarm systems registered pursuant to this section
and filed in the office of the Borough Clerk.
[1]
Editor's Note: Prior ordinance history: 1980 Code §§ 107-1 — 107-5.
[Ord. No. 2530-2018 § 1]
As used in this chapter:
Shall mean anything more than a hand-held camera, camera
on a tripod, or other handheld items. These items include bounce-boards,
boom mics, and other staging items.
Shall mean the taking of still or motion pictures either
on film or videotape or similar recording medium for commercial or
educational purposes intended for viewing on television, in theaters,
video receivers, on computer/internet, or for institutional uses.
The provisions of this section shall not be deemed to include the
filming of news stories within the Borough of Roselle Park and shall
not include filming by local Roselle Park community access television.
Shall mean any film which is financed and/or distributed
by a major motion picture studio, including but not limited to.
Universal Pictures.
Warner Brothers; including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel Aire.
Paramount, including MTV Films ad Nickelodeon Movie.
20th Century Fox, including Searchlight.
Sony/Columbia.
Disney/Miramax.
MGM United Artists.
Dreamworks.
Any film for which the budget is at least $5,000,000.
Recurrent weekly television series programming.
Shall mean any and every public street, highway, sidewalk,
square, public park or playground or any other public place within
the Borough which is within the jurisdiction and control of the Borough
of Roselle Park.
Shall mean any motion picture, television or still photography
produced to satisfy a course or curriculum requirement at an accredited
educational institution. The student filmmaker must supply proof that
he/she is currently enrolled in any such educational institution.
[Ord. No. 2530-18 § 2]
a.
No person or organization shall film or permit filming on public property within the Borough without first having obtained a permit from the office of the Borough Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming more than three (3) consecutive days in any one (1) location, and in no event shall filming at one (1) location within the Borough exceed a total of six (6) days in any one (1) calendar year, regardless of the number of permits utilized in reaching this six (6) day maximum. This six (6) day limitation may be extended under the conditions set forth in subsection 4-5.5k for a major motion picture. The permit must be readily available for inspection by Borough officials at all times at the site of the filming.
b.
All permits shall be applied for and obtained from the office of
the Borough Clerk during normal business hours. Applications for such
permits shall be in a form approved by the Borough and shall be accompanied
by a permit fee in the amount established by this section.
c.
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Borough Clerk may, at the request of the applicant, issue a new
permit for filming on other dates subject to full compliance with
all other provisions of this section. No additional fee shall be paid
for this permit.
d.
Prior to application submission, the applicant is to give notice
to any owner of private property impacted by the motion picture filming.
[Ord. No. 2530-2018 § 2]
a.
Productions using hand-held camera, camera on tripod, hand-held props and/or hand-held equipment, not asserting exclusive use of Borough property, not using prop weapons, prop vehicles, stunts, actors in police uniform and not requesting parking privileges for production vehicles do not need a permit as outlined in subsection 4-5.4.
b.
Standing on a Borough sidewalk, walkway of a Borough bridge or within
a Borough park while using a hand-held camera and not otherwise asserting
exclusive use of Borough property is NOT an activity that requires
a permit.
c.
Permits are not required for casual photographers, tourists or credentialed
members of the media.
[Ord. No. 2530-2018 § 2]
In all cases where a permit is or is not required, the production
credits shall include the phrase, at minimum, "Filmed on location
in Roselle Park, New Jersey."
[Ord. No. 2530-2018 § 3]
a.
No permits shall be issued by the Borough Clerk unless applied for
on or before seven (7) days before the requested shooting date, provided,
however, that the Borough Clerk may waive the seven (7) day period
if, in the Borough Clerk's judgment, the applicant has obtained all
related approvals and adjacent property owners or tenants do not need
to be notified.
b.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough with satisfactory proof of the
following:
1.
Proof of insurance coverage as follows:
(a)
For bodily injury to any one (1) person in the amount of five
hundred thousand ($500,000.00) dollars and any occurrence in the aggregate
amount of one million ($1,000,000.00) dollars.
(b)
For property damage for each occurrence in the aggregate amount
of three hundred thousand ($300,000.00) dollars.
2.
An agreement in writing pursuant to which the applicant agrees to
indemnify and save harmless the Borough of Roselle Park from any and
all liability, expense, claim for damages for personal injury and
property damage resulting from the use of public lands.
3.
The applicant is to post a cash or maintenance bond in an account
not less than two thousand ($2,000.00) dollars covering the Borough
in the event of any and all damage, cost or expense incurred by the
Borough (including but not limited to damage to the land, improvements
and personal property and the removal and disposal of the debris,
rubbish and equipment) caused by the applicant's activity. Notwithstanding
the above, the Borough of Roselle Park reserves the right to increase
the amount of the required bond due to circumstances including but
not limited to, the anticipated length of time of the filming, the
number of individuals involved in the filming, the nature and amount
of equipment and/or motor vehicles that will be required in the filming
and any other reasonable circumstances. The Borough will be entitled
to invade and/or withdraw from the cash or maintenance bond the cost
of repairing the damage as described above and shall return to the
applicant the unused portion of same within thirty (30) days of making
the determination of that cost.
4.
The hiring of an off-duty Roselle Park Police Officer for the times
indicated on the permit.
c.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Roselle Park Police Department with respect thereto.
d.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The permit holder shall avoid any interference with
previously scheduled activities upon public lands and limit, to the
extent possible, any interference with normal public activity on public
lands. Where the applicant's production activity, by reason of location
or otherwise, will directly involve and/or affect any businesses,
merchants or residents, these parties shall be given written notice
of the filming at least seven (7) days prior to the requested shooting
date and be informed that objections may be filed with the Borough
Clerk, the objections to form a part of the applicant's application
and be considered in the review of the application. Proof of service
of notification to adjacent owners shall be submitted to the Borough
Clerk at the time the permit application is submitted.
e.
Filming in residential zones shall be permitted Monday through Friday
between the hours of 7:00 a.m. and 9:00 p.m. provided that all requests
for night scenes shall be approved in the permit to be granted in
accordance with paragraph h hereof. The set-up, production and breakdown
required by all filming shall be included in the hours set forth herein.
f.
The Borough Clerk may refuse to issue a permit whenever the Borough
Clerk determines on the basis of objective facts and after a review
of the application and a report thereon by the Police Department and
other Borough agencies involved with the proposed filming site. Such
decision shall set forth that filming at the location and/or the time
set forth in the application would violate any law or ordinance or
would unreasonably interfere with the use and enjoyment of adjoining
properties, unreasonably impede the free flow of vehicular or pedestrian
traffic or otherwise endanger the public's health, safety or welfare.
Further, the Borough reserves the right to require one (1) or more
on-site Patrolmen in situations where the proposed production may
impede the proper flow of traffic, the cost of the Patrolmen to be
borne by the applicant as a cost of production. Where existing electrical
power lines are to be utilized by the production, an on-site licensed
electrician may be similarly required if the production company does
not have a licensed electrician on staff.
g.
Any person aggrieved by a decision of the Borough Clerk denying or
revoking a permit or a person requesting relief pursuant to paragraph
f may appeal to the Borough Council. A written notice of appeal setting
forth the reasons for the appeal shall be filed with the Borough Clerk.
An appeal from the decision of the Borough Clerk shall be filed within
ten (10) days of the Borough Clerk's decision. The Borough Council
shall set the matter down for a hearing within thirty (30) days of
the day on which the notice of appeal was filed. The decision of the
Borough Council shall be in the form of a resolution to be adopted
at the first regularly scheduled public meeting of the Borough Council
after the hearing on the appeal, unless the appellant agrees in writing
to a later date for the decision.
h.
The Borough Clerk may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this section, the Borough Clerk shall consider the following
factors:
1.
Traffic congestion at the location caused by vehicles to be parked
on the public street.
2.
Applicant's ability to remove film-related vehicles off the public
streets.
3.
When the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming.
4.
The nature of the film shoot itself, e.g., indoor or outdoor; day
or night.
5.
Prior experience of the film company/applicant with the Borough,
if any.
6.
Consultation with the Borough ward representatives of the ward in
which the filming is to take place.
i.
Copies of the approved permit will be sent to the Police and Fire
Departments before filming takes place and to the New Jersey Film
Commission. The applicant shall permit the Fire Prevention Bureau
or other Borough inspectors to inspect the site and the equipment
to be used. The applicant shall comply with all safety instructions
issued by the Fire Prevention Bureau or other Borough inspectors.
j.
In addition to any other fees or costs mentioned in this section,
the applicant shall reimburse the Borough for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the Borough was prevented from earning because of filming.
k.
Special Regulations for Major Motion Pictures.
1.
When filming is requested for a major motion picture, the approved
location of such filming and the approved duration of such filming
by specific reference to day or dates may exceed six (6) days, subject
to the approval of the Borough Clerk, in duration if good cause is
shown for a need to film beyond six (6) days.
[Ord. No. 2530-2018 § 4]
The schedule of fees for the issuance of permits authorized
by this section are as follows:
a.
Major Motion Pictures.
1.
Permit Application Fee: A non-refundable application fee of one hundred
dollars ($100.00), payable upon submission of application to the Borough
Clerk.
2.
Daily Filming Fee: A non-refundable fee of one thousand dollars ($1,000.00)
per day of filming, payable upon the issuance of permit by the Borough
Clerk.
b.
Non-Profit Organizations Filming for Educational Purposes.
1.
Permit Application Fee: A non-refundable application fee of twenty-five
dollars ($25.00), payable upon submission of application to the Borough
Clerk.
2.
Daily Filming Fee: There shall be no daily filming fee for such organizations.
Such organizations shall be required to await issuance of a permit
by the Borough Clerk prior to the start of filming.
c.
Student Films for Educational Documentary or Public Television Purposes.
Students seeking to film for educational documentaries or public television
purposes shall be exempt from both the application and daily filming
fees otherwise imposed. Students or such student groups shall be required
to await issuance of a permit by the Borough Clerk prior to the start
of filming.
d.
All Others Requiring a Permit.
1.
Permit Application Fee: A non-refundable application fee of seventy-five
($75.00) dollars, payable upon submission of application to the Borough
Clerk.
2.
Daily Filming Fee: A non-refundable fee of five hundred dollars ($500.00)
per day of filming, payable upon issuance of permit by the Borough
Clerk.
[Ord. No. 2530-2018 § 5]
Where the owner of the premises is not the applicant for a permit
required by this section, both the owner of the private property and
the applicant shall each be liable for violations hereof. Any person
violating this section or these rules and regulations, upon conviction
thereof, shall be punished by a fine not exceeding one thousand ($1,000.00)
dollars per day or by imprisonment in the County jail for a term not
exceeding thirty (30) days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
[1980 Code § 127-1; Ord. No. 2479-2017]
a.
No person shall engage in or carry on the commercial business of
furnishing or providing landscaping, lawn maintenance or similar services
within the Borough without first having obtained from the Borough
a license for that purpose. This shall apply only to a commercial
entity.
b.
Exemptions.
1.
Any individual providing such services on a casual or part-time basis,
if such a person is under twenty-two (22) years of age or if this
person does not utilize a motor vehicle to transport equipment used
in furnishing such services.
2.
Any individual or business entity that has obtained a Home Improvement
Contractors Registration Certificate from the State of New Jersey.
If the individual or business entity is claiming this exemption, the
party must submit a copy of their Home Improvement Contractors Registration
Certificate to the Borough Clerk's Office.
[1980 Code § 127-2]
a.
Licenses to carry on the occupations listed in subsection 4-7.1 may be granted by the Borough Council upon application therefor in writing for that purpose. This application shall contain the following information and shall be signed by the applicant:
b.
The annual fee for such license shall be thirty ($30.00) dollars.
The license, when issued, shall be signed by the Municipal Clerk,
and such license or copy shall be in each vehicle while in use in
the operation of such business. The license shall continue in force
and effect only for the calendar year in which it is issued. Upon
expiration of the license initially issued by the Municipal Council,
the license may be renewed by the Municipal Clerk upon the filing
of a renewal application and payment of the renewal fee of thirty
($30.00) dollars.
[1980 Code § 127-3]
Licensees hereunder shall be permitted to furnish gardening,
landscaping, lawn maintenance, tree or shrubbery care or similar services
within the Borough only during the following hours:
[1980 Code § 127-4]
Any person or persons who shall violate or fail to comply with
any of the provisions of this section, upon conviction thereof, shall
be punished by a fine of one hundred ($100.00) dollars for the first
offense, five hundred ($500.00) dollars for the second offense and
one thousand ($1,000.00) dollars for the third offense and/or the
revocation of the permit to further operate within the Borough.
[1980 Code § 135-1; Ord. No. 2213 § I]
As used in this section:
Shall mean any individual, regardless of status, who drives
a licensee's limousine or shuttle bus for the purpose of carrying
passenger(s) for hire.
Shall mean any motor vehicle used in the business of carrying
passengers for hire to provide prearranged passenger transportation
at a fare on a dedicated, nonscheduled charter basis, that is not
conducted on a regular route, with a seating capacity of not more
than fourteen (14) passengers (not including the driver). Nothing
in this section shall be construed to include taxicabs or buses, employed
solely in transporting school children or teachers or autobuses which
are subject to the jurisdiction of the Department of Transportation,
or interstate autobuses, regulated by the Federal or State government.
Shall mean the business of carrying passengers for hire by
limousine or shuttle bus.
Shall mean any individual, corporation, partnership, proprietorship,
limited liability company, association or joint stock company, their
lessees, trustees, assigns or receivers appointed by any court of
competent jurisdiction.
Shall mean any motor vehicle used in the business of carrying
passengers for hire to provide a prearranged passenger transportation
at a fare on a dedicated, nonscheduled chartered basis, that is not
conducted on a regular route, with a seating capacity of no less than
fifteen (15) no more than twenty-four (24) passengers (not including
the driver). Nothing in this section shall be construed to include
taxicabs or buses, employed solely in transporting school children
or teachers or autobuses which are subject to the jurisdiction of
the Department of Transportation, or interstate autobuses, regulated
by the Federal or State government.
Shall mean and include any street, avenue, park, parkway,
highway or other public place.
[1980 Code § 135-2; Ord. No. 2213 § I]
No person shall carry on the business of transporting passengers
for hire in limousines or shuttle buses in the Borough without first
obtaining a livery license.
[1980 Code § 135-3; Ord. No. 2213 § I]
[1980 Code § 135-4; Ord. No. 2213 § I]
a.
Each application for any license set forth in subsection 4-8.2 shall be referred to the Chief of Police, who shall investigate the applicant and make his recommendation with respect to the granting or rejection of the application.
b.
The Borough Clerk may not issue any livery license until the application
had been approved by the Borough Council, after favorable recommendation
by the Chief of Police.
c.
No livery license shall be issued until and unless the applicant
has complied with the provisions of N.J.S.A. 48:16-1 et seq. and N.J.S.A.
48:22.3 et seq., with respect to proof of insurance and delivery of
power of attorney.
d.
Upon the filing of the required insurance policy or bond, and the
approval by the Mayor and Council with the approval the of Chief of
Police, the Borough Clerk shall issue a limousine license, in duplicate,
showing that the owner of the limousine has complied with the terms
and provisions of N.J.S.A. 48:16-1 et seq. and N.J.S.A. 48:22.3 et
seq. The license shall be in the form prescribed by N.J.S.A. 48:16-6.
[1980 Code § 135-5; Ord. No. 2213 § I]
All licenses issued pursuant to the provisions of this article
shall expire on December 31 next after the date of issuance.
[1980 Code § 135-6; Ord. No. 2213 § I]
[1980 Code § 135-3; Ord. No. 2213 § I]
a.
Each application for a livery driver's license required by subsection 4-8.2 shall be submitted to the Borough Clerk of forms provided by the Borough.
b.
Each application shall be accompanied by:
1.
Affidavits of two (2) reputable persons who have known the applicant
and have observed his character for more than a year.
2.
Two (2) identification photograph, size one inch by one inch (1"
x 1") of the head and shoulders of applicant.
4.
Authorization/waiver permitting the Police Department to verify the
motor vehicle and criminal records signed by the applicant and all
of its drivers.
[1980 Code § 135-7; Ord. No. 2213 § I]
All livery licensees, applicants for license and drivers for
any licensee shall meet the following qualifications:
a.
Not less than twenty-one (21) years of age.
b.
Of sound physique, with good eyesight and not subject to epilepsy,
vertigo, heart trouble or any other disease or deformity of body or
mind which might render him unfit for the safe operation of a limousine.
c.
Of good moral character.
d.
Able to read and write the English language.
e.
Clean in address and person.
f.
Not addicted to the use of intoxicating liquors, habit forming narcotics
or other drugs.
g.
Not had his or her driver's license revoked by New Jersey or any
other state in the preceding ten (10) years.
h.
Is not charged with more than nine (9) motor vehicle points under
the Division of Motor Vehicles/Motor Vehicle Commission, motor vehicle
point system.
i.
Complied with N.J.S.A. 48:16-1 et seq. and N.J.S.A. 48:22.3 et seq.
[1980 Code § 135-8; Ord. No. 2213 § I]
a.
The Borough Clerk may not issue any livery license unless and until the applicant shall be investigated, the granting of the application has been recommended by the Chief of Police, and approved by the Mayor and Council, and the appropriate license fee prescribed by subsection 4-8.5 has been received.
b.
As part of the investigation referred to in paragraph a, the applicant
and its driver shall be fingerprinted and photographed by the Police
Department.
[1980 Code § 135-9; Ord. No. 2213 § I]
[Ord. No. 2213 § I]
[1980 Code § 135-10; Ord. No. 2213 § I]
a.
Any person or persons, firms, corporations or other organizations
found to be in violation of any of the provisions of this section
shall, upon conviction thereof in Municipal Court and in addition
to the penalties provided by N.J.S.A. 48:16-11, pay a fine not exceeding
five hundred ($500.00) dollars or imprisonment for a term not exceeding
ninety (90) days, or both. Each day a violation of this section continues
shall constitute a separate offense.
b.
In addition to such penalties as aforesaid, every license granted
in pursuance to this section may be revoked by the Borough Clerk upon
evidence of failure to comply with any provisions of N.J.S.A. 48:16-13
et seq.
[1980 Code § 143-1]
No person shall operate any establishment or utilize any premises
in the Borough as or for a massage business unless and until there
first has been obtained a license for any such establishment or premises
from the Municipal Clerk in accordance with the terms and provisions
of this section.
[1980 Code § 143-2]
No person shall render or perform services as a masseur or masseuse
or engage in the business of or be employed as a masseur or masseuse
unless and until he or she has obtained a masseur's or masseuse's
license from the Municipal Clerk in accordance with the terms and
provisions of this section.
[1980 Code § 143-3; New]
Each and every applicant for a license, either for an establishment
or premises to be used for a massage business or for a masseur's or
masseuse's license, shall set forth the following information in writing
on forms provided by the Municipal Clerk:
a.
The name and address of the applicant and all former addresses for
a period of three (3) years prior to making the application.
b.
The address of the establishment or premises to be used in the massage
business and a physical description of the property and facilities
if the applicant desires a license for the establishments or premises.
c.
If the applicant desires a masseur's or masseuse's license, a statement
of all employment for a period of three (3) years prior to making
the decision.
d.
A statement as to whether or not the applicant or any officer or
director thereof, if a corporation, has ever been convicted of a crime
in this or any other State. The Police Department shall do a criminal
history background check for all employees.
[1980 Code § 143-4]
The applicant for a license for an establishment or premises
shall pay an annual license fee of one hundred ($100.00) dollars,
which license fee shall become due on the first day of February in
each year. The applicant for a masseur's or masseuse's license shall
pay an annual license fee of one hundred ($100.00) dollars, which
license fee shall become due on the first day of February in each
year.
[1980 Code § 143-5]
Each application for a license or the renewal thereof, either
to operate a massage establishment or premises or to engage in the
business of or to be employed as a masseur or masseuse, shall be submitted
to the Municipal Clerk for approval or rejection by the Mayor and
Council. The Mayor and Council shall not approve such application
if, on the basis of past criminal record of the applicant or the principals
thereof, or on the basis of other residence of bad character or morals,
it shall determine that the granting or renewal of such license would
tend to encourage or permit criminal or immoral activities within
the Borough.
[1980 Code § 143-6]
No person engaged or employed in the business of a masseur or
masseuse shall treat a person of the opposite sex.
[1980 Code § 143-7]
The provisions of this section shall not apply to a massage
or physical therapy treatments given:
a.
In the office of a licensed physician, osteopath, chiropractor or
physical therapist.
b.
In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, osteopaths, chiropractors
and/or physical therapists.
c.
By any licensed physician, osteopath, chiropractor or physical therapist
in the residence of the patient.
[1980 Code § 143-8; New]
[1980 Code §§ 162.1—162.9; Ord. No. 2551-2018 § 1]
a.
License Required; Exceptions. No person shall engage in the business
of hawker, peddler or as itinerant vendor of medicine, remedies or
merchandise, nor shall any person sell or offer to sell merchandise
of any kind or description whatsoever from any wagon, cart or vehicle
or by traveling on foot with a pack, basket, package or bundle of
any kind or description, without first paying a license fee as hereinafter
provided. Any person who shall engage, pursue or carry on any such
business or any person who shall sell or offer to sell merchandise
of any kind or description whatsoever from any wagon, cart or vehicle,
or by traveling on foot with a pack, basket, package or bundle of
any kind or description, without first paying a license fee therefor,
as in this section provided, shall be deemed guilty of a violation
of this section, but nothing herein contained shall prevent any person
from selling at wholesale, or any farmer or gardener from selling
the product of his farm or garden, or milkmen or butchers from carrying
on their business, respectively, without a license.
b.
Contents of License. The license herein required shall be signed
by the Mayor, attested by the Municipal Clerk, and shall have affixed
thereto the seal of the Borough; it shall state the object for which
it is given, the name of the person licensed, the number of the license
and the date of its expiration. Every application for such license
shall be in writing and signed by the applicant, stating his or her
place of residence and the purpose for which such license is asked.
c.
License Fee. Every person to whom such license shall be granted shall,
at the time of receiving the same, pay therefor to the Municipal Clerk
to be turned over to the Chief Financial Officer for the use of the
Borough, a license fee of one hundred ($100.00) dollars.
d.
Selling from Fixed Location. No person licensed under this subsection
shall stand or remain with his vehicle, wares or merchandise upon
any sidewalk or in any street or other public place for the purpose
of soliciting customers, selling or exposing for sale any wares or
merchandise longer than ten (10) minutes at any one time. If requested
to move from such place by any Officer of the Borough or by the owner
or the occupant of any premises in front of, or opposite, which such
person may then be, then, upon such request, the person so requested
shall move with his vehicle, goods, wares and merchandise to a point
at least two hundred fifty (250) feet distant from the point which
this person was requested to move before stopping for the purpose
of soliciting customers, and at no time shall any person licensed
under this section solicit customers in such a way as to obstruct
travel or cause annoyance or damage to any person; and at all times
any person licensed under this section shall move from any point in
any public place or street where such person may be soliciting customers
or selling or exposing for sale any wares and merchandise, when requested
by any Officer of the Borough.
e.
Noise Prohibited Certain Hours. Any hawker or peddler, or peddler
or itinerant vendor of medicine, remedies or merchandise, who blows
a horn, rings a bell, makes an outcry or other loud noise between
the hours of 9:00 p.m. and 7:00 a.m. shall be deemed guilty of a violation
of this section.
f.
Selling Without License. The Chief of Police shall ascertain whether
all persons doing business as aforesaid are in possession of such
license and, if not, to charge them with a violation of this section.
g.
Complaints of Violations. It shall be lawful for any person to make
complaint of the violation of this section or any of its provisions
before the Judge of the Municipal Court, who is authorized to hear
and determine such complaint and enforce the penalties herein provided.
h.
Suspension or Revocation of License. Every license granted under
this subsection may be suspended or revoked by the Chief of Police
or his Borough qualified designee for satisfactory cause.
[1980 Code §§ 162-10—162-16; New; Ord. No. 2260 § 1; Ord. No. 2551-2018 § 2]
a.
Permit Required. No person, except as otherwise provided in this
subsection, shall engage in commercial sales or solicitation of any
kind, including solicitation for contractual agreements or donations,
from house to house in the Borough without having received a permit
and without having first deposited a letter from the individual partnership
or corporation for which he or she purports to work, authorizing the
applicant to act as a representative.
b.
Application for Permit. Prior to the issuance of the permit required
herein, the applicant shall present his request in writing to the
Chief of Police or other officer in charge of Police Headquarters
giving the following information:
1.
Name;
2.
Specific address for the past three (3) years;
3.
Date and place of birth and citizenship;
4.
Marital status;
5.
Arrest or conviction at any time of any crime or disorderly conduct,
or of any municipal ordinance or regulation;
6.
Name and addresses of employers for the past three (3) years and
respective dates of employment;
7.
Identification and location of the sponsor of the project for which
this permit is sought.
c.
Investigation; Issuance of Permit; Fee. The Chief of Police or Officer
in Charge of the Police Headquarters shall receive and file the application
together with two (2) current photographs of the applicant to be one
inch by one inch (1" x 1") in size, to be furnished by the applicant.
The application shall be investigated by the Chief of Police, or such
other officer delegated by him, or the Officer in Charge of Police
Headquarters. If the investigation indicates that the applicant has
truthfully submitted the information and has never been convicted
of a criminal offense, (and is not subject to any outstanding criminal
warrants or indictments) relating to fraud, deception, theft or assault,
and that he is selling or soliciting for a project free from fraud,
a permit shall be issued, under the signature of the Chief of Police
or the Officer in Charge of Police Headquarters. The permit shall
expire one (1) year from the date of the application and the fee shall
be the sum of twenty-five ($25.00) dollars per annum. No permit shall
be issued until the fees are paid.
d.
Exhibiting Permit. Each permit shall display its expiration date,
and copy of the permittee's photograph shall be attached to the permit.
The permittee shall carry said permit and shall exhibit the permit
to any officer or resident of the Borough of Roselle Park upon request.
To the extent possible, the permittee shall advise the Police Department
weekly of the specific location and/or locations he or she intends
to canvas. The person giving this information shall do so by providing
to the Police Department his or her name, permit number, name of organization,
if any, and specific location and/or locations he or she or others
shall canvas. Every permit shall be returned to the Officer in Charge
at Police Headquarters at the end of each day of canvassing and shall
be redelivered on such day that such permit is to be used by the person
so soliciting or canvassing. The Police Department shall require a
five ($5.00) dollar deposit upon issuance of the badge, which deposit
shall be returned at the time the badge is turned in at the conclusion
of the canvassing period. Any person who shall fail to abide by the
provisions of this section and shall fail to forthwith deposit the
permit after concluding his canvassing and soliciting for the day
and who shall fail to give a justifiable excuse, in addition to other
penalties herein provided, will forfeit his right to solicit or canvass
in the Borough for a period of one (1) year thereafter.
e.
Hours of Operation; Conduct. After issuance of the permit, canvassing
and soliciting may be carried out during the effective period of the
permit between the hours of 9:00 a.m. and 5:00 p.m., except Sundays.
The permittee shall be courteous to all persons in canvassing and
shall not importune or annoy any of the inhabitants of the Borough
and shall conduct himself in a lawful manner.
f.
Exceptions.
1.
This subsection shall not apply to employees of any public utility
which is subject to the regulation of the Board of Public Utilities
of the State of New Jersey; provided, however, that such employee
shall display the identification badge or card issued by his employer
and provided he shall not canvass or solicit between 8:00 p.m. and
8:00 a.m.
g.
Limitations.
1.
The Borough may establish a nonsolicitation list of all residents
and property owners who have notified the Borough that they do not
authorize any person or entity to solicit or canvas at their residence
or property. Such list shall be limited to the addresses where solicitation
or canvassing is not authorized and shall be made available by the
Borough Clerk to anyone seeking to solicit or canvass in the Borough.
The Tax Assessor, shall, upon being advised of a transfer of ownership
of a residential premises, notify the Borough Clerk of said conveyance
whereupon the Borough Clerk shall remove the premises so transferred
from the nonsolicitation list.
2.
A Borough resident or property owner may post a no-soliciting sign
on its property.
h.
Suspension and Revocation of License. Every license granted under
this subsection may be suspended or revoked by the Chief of Police
or his Borough qualified designee for satisfactory cause.
[1980 Code §§ 162-17—162-22; Ord. No. 2551-2018 § 3]
a.
Licensing Official. Pursuant to the provisions of N.J.S.A. 45:24
with respect to the business of transient merchants and itinerant
vendors doing business within the Borough, the Municipal Clerk is
designated as the licensing official to receive applications and bonds
from and issue licenses to the within named vendors.
b.
License Fee. The license fee for such vendors shall be two hundred
($200.00) dollars.
c.
Violations and Penalties. Any person who shall operate as a transient merchant or itinerant vendor as defined by N.J.S.A. 45:24 without first obtaining a license from the Borough shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5. Each day of noncompliance shall constitute a separate offense.
d.
Solicitations by Civic and Religious Groups. Veterans' organizations,
civic groups, religious associations and recognized local clubs, upon
application without fee to the Mayor and Council, may be permitted
to engage in their annual fund raising sales.
e.
Exemptions. Persons operating as transient merchants or itinerant
vendors for worthy charitable or religious purposes where no personal
gain is involved shall be exempt from the provisions of this subsection
provided that they carry proper authority and identification attested
by the responsible official of the organization they represent, and
nothing in this subsection shall be deemed to affect the rights and
privileges granted to any person under the provisions of N.J.S.A.
45:24-9 et seq.
f.
Location Restrictions. Any transient merchant or itinerant vendor
who operates within the Borough shall not attempt to sell his goods,
wares or merchandise within two hundred (200) feet of any permanently
established retail business which may sell the same or similar merchandise
and wares.
g.
Suspension and Revocation of License. Every license granted under
this subsection may be suspended or revoked by the Chief of Police
or his Borough qualified designee for satisfactory cause.
[Ord. No. 2445-2015; Ord. No. 2551-2018 § 4]
a.
License Required; Exceptions. No person who is participating in a
Borough-sponsored event shall engage in the business of selling or
displaying art, without first paying a license fee as hereinafter
provided. Any person who shall engage, pursue or carry on any such
business or any person who shall sell or offer to sell art of any
kind or description whatsoever, (only at any Borough-sponsored event)
without first paying a license fee therefor, as in this section provided,
shall be deemed guilty of a violation of this subsection.
b.
Contents of License. The license herein required shall be issued
and signed by the Municipal Clerk, and shall have affixed thereto
the seal of the Borough; it shall state the object for which it is
given, the name of the person licensed, the number of the license
and the date of its expiration (ONE DAY ONLY). Every application for
such license shall be in writing and signed by the applicant, stating
his or her place of residence and the purpose for which such license
is asked.
c.
License Fee. Every person to whom such license shall be granted shall,
at the time of receiving the same, pay therefor to the Municipal Clerk,
to be turned over to the Chief Financial Officer for the use of the
Borough, a one day license fee of sixty ($60.00) dollars.
d.
Selling from an Assigned Location. No person licensed under this
subsection shall stand or remain with his vehicle, wares or merchandise
upon any sidewalk or in any street or other public place for the purpose
of soliciting customers, selling or exposing for sale any wares or
merchandise unless assigned that location by the Borough. At no time
shall any person licensed under this subsection solicit customers
in such a way as to obstruct travel or cause annoyance or damage to
any person; and at all times any person licensed under this subsection
shall move from any point in any public place or street where such
person may be soliciting customers or selling or exposing for sale
any wares and merchandise, when requested by any Officer of the Borough.
e.
Noise Prohibited Certain Hours. Any artist who blows a horn, rings
a bell, makes an outcry or other loud noise between the hours of 9:00
p.m. and 8:00 a.m. shall be deemed guilty of a violation of this subsection.
f.
Selling Without License. The Chief of Police or his designee shall
ascertain whether all persons doing business as aforesaid are in possession
of such license and, if not, to charge them with a violation of this
subsection.
g.
Complaints of Violations. It shall be lawful for any person to make
complaint of the violation of this subsection or any of its provisions
before the Judge of the Municipal Court, who is authorized to hear
and determine such complaint and enforce the penalties herein provided.
h.
Suspension or Revocation of License. Every license granted under
this subsection may be suspended or revoked by the Chief of Police
or his Borough qualified designee for satisfactory cause.
[Added 7-20-2023 by Ord. No. 2735]
The purpose of this Section is to regulate local cannabis business
licensing in the Borough of Roselle Park in accordance with the provisions
of an Act of Legislature of the State of New Jersey entitled "New
Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace
Modernization Act" (N.J.S.A. 24:6I-31 et seq.) and in accordance with
the rules and regulations of the Cannabis Regulatory Commission.
The regulations of this Section are subject to the enabling
authority of the State of New Jersey and are subject to compliance
with all statutes and/or regulations adopted by the State of New Jersey
or its instrumentalities, including the Cannabis Regulatory Commission.
If any provision of this Section is inconsistent with state statutes
and/or regulations, the state statutes and/or regulations shall prevail.
[Added 7-20-2023 by Ord. No. 2735]
a.
Pursuant to the authority granted by N.J.S.A. 24:61-45(c)(2), no person or entity shall operate a Cannabis Business in the Borough without obtaining a local license pursuant to this Section. For the purposes of the foregoing Section of the Municipal Code, a "Cannabis Business" shall be that which is defined within § 40-601 and otherwise restricted and permitted by the municipal zoning provision of Chapter 40. No local license shall be valid unless a license is also issued to the applicant by the State of New Jersey in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act.
b.
A local Cannabis Review Board, comprised of members as enumerated
below, will act as the local review body of the Borough for all Cannabis
Businesses. However, the authority and responsibility to activate,
suspend and revoke such licenses shall remain with the governing body
of the Borough of Roselle Park subject and conditional to Land Use
approvals and State licensure. Under all circumstances which State
law requires communication to the Borough by the Cannabis Regulatory
Commission, or any other State agency with regard to the licensing
of Cannabis Businesses by the State, or in which State law requires
any review or approval by the Borough of any action taken by the State
licensing authority, the exclusive authority for receiving such communications
and granting such approvals shall be communicated through the Office
of the Borough Clerk upon recommendation by the Cannabis Review Board
and as authorized by the governing body.
2.
The Mayor shall serve as the Chairperson of the Cannabis Review Board.
3.
No member of the Cannabis Review Board may hold interest in or be
related to an applicant. In either circumstance, the Board Member
must recuse themselves from the applicant's review.
4.
The Cannabis Review Board shall be supported by the Borough Attorney,
and other professionals and employees of the Borough as may be required
from time to time.
5.
The Cannabis Review Board is hereby designated to act as the local
licensing application review board for the Borough of Roselle Park
for all Cannabis Businesses.
c.
The Borough shall issue no more than three (3) local licenses for
Class 5 Cannabis Businesses. Local licenses for Class 1, Class 2,
Class 3, and Class 4 Cannabis Businesses shall be issued at the discretion
of the Borough. No local licenses for Class 6 Cannabis Businesses
shall be issued.
[Added 7-20-2023 by Ord. No. 2735]
a.
In order to obtain a local license to operate a Cannabis Businesses
within the Borough of Roselle Park an interested party must first
file an application to Cannabis Review Board through the Office of
the Borough Clerk. Applications shall be on standardized forms approved
by the Cannabis Review Board, maintained and available through the
Office of the Borough Clerk.
b.
The Cannabis Review Board shall establish a reasonable application
period and deadline for submission of applications. Such application
period and deadline shall be advertised, at a minimum, by way of the
Borough's official newspapers similar to the requirements for
advertising a sealed public bid. All applications shall be date and
time stamped upon receipt by the Office of the Borough Clerk. All
meetings of the full Cannabis Review Board shall be open to the public.
c.
Upon the conclusion of the application period, the Cannabis Review
Board shall review and make recommendations with respect to approval
or denial of each application to the governing body consistent with
state law. At a minimum, all applications must contain:
1.
Completed standardized application forms, required checklists, certifications
and other submittals as may be required by the Cannabis Review Board;
2.
Full payment of all applications fees required by this Section; and,
3.
The satisfactory demonstration that all applicable State licenses
have been obtained, or will be obtained.
|
Any omission of the above documentation and information shall
render an application incomplete. The Cannabis Review Board shall
not proceed further with the application, and said application shall
receive no recommendation with respect to approval or denial.
|
d.
In the event there are multiple applicants for local licensure, the
Cannabis Review Board shall evaluate all applicants and issue a recommendation
after consideration and evaluation of the following criteria:
1.
Applicant's owners' or principals' qualifications
and experience operating in highly regulated industries, including
cannabis, healthcare, and retail pharmacies, with preference to experience
operating such businesses within the State of New Jersey and where
the value of owners' experience shall outweigh the experience
of non-owner principals (twenty-five (25%) percent);
2.
Applicant's qualifications and experience related to public
safety and security, including any of the applicant's owners'
or principals' experience in law enforcement with preference
to such experience in the County of Union, and applicant's plans
for storage of products and currency, physical security, video surveillance,
security personnel, and visitor management (twenty-five (25%) percent);
3.
Applicant's or its owners' demonstrated sufficient experience
as responsible employers, defined as operating businesses that are
parties to collective bargaining agreements in the regulated cannabis
industry for at least six (6) months prior to application for such
permit, in an effort to create well-paying jobs with employee benefits
in the municipality (twenty (20%) percent);
4.
Applicant's experience with banking in the regulated cannabis
industry in accordance with federal FinCEN guidance regarding marijuana-related
businesses, which shall include a letter from one or more financial
institutions stating such institution is aware of applicant's
business activities in regulated cannabis (ten (10%) percent);
5.
Applicant's environmental impact and sustainability plan (ten
(10%) percent); and,
6.
Applicant's demonstrated commitment to diversity in its ownership
composition and hiring practices and whether it holds certifications
as a NJ minority-owned, women-owned, or veteran-owned business (ten
(10%) percent).
e.
Each conditional approval of the governing body shall entitle the
recipient applicant to pursue local land use and State approvals for
twelve (12) months after the date of the notice of conditional approval.
Should local land use and State approvals not be obtained within twelve
(12) months of the notice of conditional approval of the governing
body, such conditional approval shall be considered null and void.
[Added 7-20-2023 by Ord. No. 2735]
a.
Any local license issued pursuant to this Section shall be valid
for a period of one (1) year from the date of unconditional status,
subject to payment of an annual renewal fee and shall likewise be
renewed in accordance with the provisions of this Section. All local
cannabis licenses shall not be transferable, assignable, or divisible.
b.
An application for renewal of a local Cannabis Business license shall
be filed with the Office of the Borough Clerk at least sixty (60)
calendar days prior to the expiration of the current license. The
applicant shall pay a renewal fee in accordance with the fee schedule
set forth in this Section.
c.
Within fourteen (14) days of a local licensee receiving renewal of
a State license issued by the State of New Jersey the Cannabis Business
shall submit a copy of same to the Office of the Borough Clerk.
[Added 7-20-2023 by Ord. No. 2735]
|
License Class
|
Initial Application Fee
|
Renewal Application Fee
|
|---|---|---|
|
Class 1 - Cultivator
|
$10,000.00
|
$5,000.00
|
|
Class 2 - Manufacturer
|
$10,000.00
|
$5,000.00
|
|
Class 3 - Wholesaler
|
$10,000.00
|
$5,000.00
|
|
Class 4 - Distributor
|
$10,000.00
|
$5,000.00
|
|
Class 5 - Retailer
|
$10,000.00
|
$5,000.00
|
[Ord. No. 2172 § 1]
As used in this section:
Shall mean any part or equipment that is used in the manufacturing
of an automobile including, but not limited to, auto body parts, radio/stereo
equipment, compact disc players, cellular phones, speakers, tires,
rims, mags and chrome fixtures.
Shall mean electronic equipment including, but not limited
to, VCR's, televisions, computers, video games, pagers, beepers, cellular
phones, telephones, typewriters, fax machines and audio/stereo equipment.
This shall also include, but not be limited to, the parts for building
or making electronic equipment.
Shall mean any ornament or decorative piece made from gold,
silver, precious stones, semi-precious stones or gems or any ornament
or decorative piece containing gold, silver, precious stones, semi-precious
stones or gems including, but not limited to, necklaces, watches,
rings, bracelets, earrings and cufflinks.
Shall mean any person who advertises, sells, offers to sell
or attempts to sell used personal property including, but not limited
to, used jewelry, used auto parts or used electronic devices to any
other person, partnership or corporation.
Shall mean any of a class of elementary substances or an
alloy thereof including, but not limited to gold, silver, copper and
aluminum.
Shall mean any person under the age of eighteen (18).
Shall mean the sale or purchase of any used personal property
including, but not limited to, used jewelry, used auto parts, used
electronic devices and used metals.
Shall mean any used personal property including, but not
limited to, jewelry, electronic devices, auto parts and metals sold
from one party or parties to a second party or parties.
[Ord. No. 2172 § 2]
a.
License Requirement. No person shall engage in the regulated activity
without first having obtained a license from the Municipal Clerk of
the Borough of Roselle Park. The license shall bear a number issued
by the Municipal Clerk and shall be clearly displayed within the licensed
premises. The license shall also be available for inspection at any
time by Borough officials.
b.
Application and Application Fee. An application to engage in the
regulated activity must be completed and submitted to the Municipal
Clerk for review and approval. The application shall be submitted
along with an initial license fee of two hundred fifty ($250.00) dollars.
A fifty ($50.00) dollar renewal fee shall be paid per annum for each
premises, which conducts the regulated activity.
c.
Bond Requirement. Each licensee shall submit, in addition to the
initial application and application fee, a bond to the Municipal Clerk
executed by the applicant as principal, from a surety company authorized
to conduct business under the laws of the State of New Jersey. The
bond shall be in the penal sum of ten thousand ($10,000.00) dollars
for the purpose of securing compliance with the provisions of this
section and for the protection of any person who purchases a used
item which is determined to be stolen or sold deceptively or fraudulently
by a court of law of the State of New Jersey.
d.
Expiration Date. Each license shall expire on December 31 of the
year in which it is issued.
[Ord. No. 2172 § 3]
a.
Application Process. Upon demand, a member of the Municipal Clerk's
Office shall make available to a merchant an application for the purposes
of maintaining, keeping and operating this business within the Borough.
No permit shall be issued unless such application is completed, executed
and all requirements contained therein are fully met and delivered
to the Municipal Clerk. Upon receipt of an application, fee and bond
surety, the Municipal Clerk shall refer such applications to the Chief
of the Roselle Park Police Department, who shall conduct an investigation
into the applicant's moral character and business responsibility,
as he deems necessary for the protection of the public welfare. Upon
the completion of the investigation and within a reasonable amount
of time, the Chief of Police shall return the application, or a copy
thereof with any recommendations, to the Municipal Clerk.
b.
Approval/Denial. The Police Chief, after engaging in the necessary
investigation, shall make a recommendation to the Municipal Clerk
as to whether the application should be approved or denied. The grounds
for denial of an application shall be clearly stated and may include,
but not limited to, with respect to the owner or owners of the premises:
(1) if a natural person or persons, including partners of a partnership,
that he, she or they are twenty-one (21) years of age or older, citizens
of the United States and residents of the State of New Jersey, and
never convicted, in this State or elsewhere, of a crime involving
moral turpitude or involving dishonesty, fraud, deceit or misrepresentation;
(2) if a corporation, that all officers and members of the Board of
Directors, and every stockholder holding ten (10%) percent or more
of the stock of the corporation, directly or indirectly having a beneficial
interest therein, have the same qualifications as set forth in this
subsection for an applicant who is a natural person. The Municipal
Clerk, upon the recommendation of the Police Chief, shall approve
or deny the license accordingly. If such application is denied, the
Borough Clerk shall set down in writing her findings and conclusions
and deliver a copy of same to applicant upon demand.
c.
Return of Application Fee. If the application for license is defined,
seventy-five (75%) percent of the fees shall be returned to the applicant.
The balance of the application fee will be kept by the Borough to
offset the costs of the investigation.
d.
Appeals Process. Any person aggrieved by such denial may appeal to
the Governing Body within thirty (30) days of the date of denial of
the application. The Governing Body may, at its own discretion, affirm,
reverse or modify the decision of the Municipal Clerk.
[Ord. No. 2172 § 4]
a.
Submission to the Police Department of Transaction Forms;[1] Time Limit Prescribed. Each licensed dealer operating
in the Borough shall deliver to the Chief of Police and the Municipal
Clerk a description of all items purchased, received or sold, as well
as the identities of those who sold or bought the items from him.
The dealer shall file this description on consecutively numbered transaction
forms prescribed and provided by the Chief of Police. The prescribed
transaction form shall be filed within seventy-two (72) hours after
the purchase, sale or receipt of any item. A copy of the transaction
form is to be kept on the subject premises at all times during operating
hours and available for review and inspection by any Borough official.
[1]
Editor's Note: Transaction forms are available from the Chief
of Police.
b.
Records Book. All licensees shall keep an accurate log of accounts
of all sales made. The logs shall be open to inspection by any Borough
official. This log shall be kept on the subject premises at all times
during operating hours. This log shall also include sales tax collected
for each transaction.
[Ord. No. 2172 § 5]
a.
No dealer shall melt, change the form of or dispose of any used items
purchased or received within five (5) days from the date the notification
is made to the Chief of Police and the Municipal Clerk, and all such
items shall remain on the premises where the purchase was made for
at least five (5) days from the date of notification of the Chief
of Police and the Municipal Clerk.
b.
Each dealer shall require two (2) forms of identification from the
person with whom he is transacting business. The type of identification
shall be noted on the transaction form presented to the Chief of Police
and Municipal Clerk.
c.
Each dealer shall photograph each seller of merchandise and shall
identify the photographs by name, date of sale, item purchased, amount
paid. The photograph shall be retained for a period of two (2) years
and shall be subject to inspection by any Borough officials.
[Ord. No. 2172 § 6]
No merchant or dealer shall sell, purchase or receive any used
item, goods, article or thing from any minor unless the minor has
expressed written parental consent to make such transaction. In the
event that written parental consent be provided, the merchant or dealer
shall keep written consent on file for potential inspection by the
proper Borough official.
[Ord. No. 2172 § 7]
Used car lots, properly licensed by the State of New Jersey,
garage sales, yard sales and estate sales shall be excluded from the
provisions of this section.
[Ord. No. 2172 § 8]
[1980 Code § 179-1; amended 11-2-2023 by Ord. No. 2756]
As used in this section:
Shall mean a sign in excess of twenty-four (24) square feet
in area that directs attention to a business, commodity, service,
entertainment or facility and is not located upon the business premises.
[1980 Code § 179-2; amended 11-2-2023 by Ord. No. 2756]
A billboard may be erected and maintained on any lot in the Industrial ("I") Zone District as defined in Chapter 40, Land Use, of the Code of the Borough of Roselle Park. Only one (1) billboard shall be permitted on any such lot, extending not more than thirty (30) feet in height and having a display area no greater than eight (8) feet high and thirty (30) feet long. The bottom of the billboard shall be not less than ten (10) feet above the ground and shall not be permitted within a required front yard. No billboard shall be located any closer than one thousand (1,000) feet to any other billboard.
[1980 Code § 179-3; amended 11-2-2023 by Ord. No. 2756]
a.
No person or commercial entity shall erect or maintain or cause to
be erected or maintained a billboard without first having obtained
from the Borough a license for that purpose. A license may be granted
by the Borough Clerk upon application therefor in writing for that
purpose. Such application shall contain the following information
and shall be signed by the applicant:
b.
The fee for such license shall be five hundred ($500.00) dollars.
Such license shall continue in force and effect only for the calendar
year in which it is issued. Upon expiration of the initial license,
the license shall be renewed upon the following conditions:
[1980 Code § 179-4; Ord. No. 2230; amended 11-2-2023 by Ord. No. 2756]
Any violation or refusal to comply with any part of this section shall constitute a violation, and, upon conviction, shall be liable for the penalty stated in Chapter 1, Section 1-5. Each violation of any of the provisions of this section each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[1980 Code § 179-5; amended 11-2-2023 by Ord. No. 2756]
The following provisions shall apply to any billboard which
was lawful prior to amendment of this section, but which fails to
conform to the requirements of this section, by reason of amendment:
a.
Routine Maintenance. Routine maintenance for any nonconforming billboard
shall be permitted, provided that such maintenance shall comply with
the provisions of paragraphs b, c and d below. The term "routine maintenance"
is intended to include such activities as cleaning, replacement of
light bulbs, removal of rust and corrosion, and repainting.
b.
Restoration or Repair of Partial Destruction. Any nonconforming billboard
existing at the time of the passage of this section or any amendment
thereto[1] may be continued upon the lot so occupied, and any such
sign may be restored or repaired in the event of partial destruction
thereof.
[1]
Editor's Note: This section was amended on August 17, 2000.
c.
Effect of Removal. Nothing contained herein shall be construed to
prohibit the removal and subsequent reinstallation of a nonconforming
billboard for purposes of maintenance, restoration, repair or permitted
alteration.
d.
Alterations. The following provisions shall regulate alterations
of nonconforming billboards:
1.
Alteration of nonconforming billboard use. Any billboard which does
not conform to the requirements herein shall not be enlarged, extended
or relocated.
2.
Alteration of nonconforming billboard structure. A nonconforming
billboard structure may be altered only if such alteration reduces
the extent of nonconformity or changes the structure to a conforming
structure, as applicable.
e.
Reversion to Nonconforming Billboard Prohibited. A billboard which
is a nonconforming use and which is changed to a conforming use may
not thereafter be changed back to a nonconforming use.
f.
Abandonment of Nonconforming Billboard. Any nonconforming billboard
which is abandoned by way of lack of maintenance, restoration or repair
due to the restrictions required herein shall be removed in its entirety
prior to the issuance of any other license.
[1980 Code § 200-1]
As used in this section:
Shall mean the driving of an empty taxicab to and fro along
a public street at a slow rate of speed for the obvious purpose of
soliciting passengers.
Shall mean the operator of a taxicab licensed to operate
in the Borough.
Shall mean the person, partnership, association, corporation
or other legal entity which is registered as the owner of any taxicabs,
as defined by the regulations promulgated by the New Jersey Division
of Motor Vehicles or under this section.
Shall mean and include the firm, partnership, association
and corporation and the singular or plural, masculine, feminine or
neuter, unless the contrary is clearly expressed.
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 a surface of the street or public place.
Shall mean a public vehicle driven by a mechanical power,
so designed and constructed as to comfortably seat not fewer than
four (4) persons inside thereof, exclusive of the driver, which accepts
passengers for conveyance for hire.
[1980 Code § 200-2]
The licensing and inspection of taxicabs, the examination of
applicants for licenses to drive such taxicabs, the licensing of drivers
of taxicabs, as hereinafter provided for in this section, and the
enforcing of the provisions of this section shall be under the control
of the Mayor and Council. Licenses shall be issued by the Municipal
Clerk.
[1980 Code § 200-3]
a.
No taxicab shall operate upon the streets of the Borough without
first obtaining a license as herein provided, which shall expire on
December 31 next succeeding the date of the issuance, unless sooner
suspended or revoked. Licenses shall only be issued to persons or
entities that have satisfied all requirements of this section, including
but not limited to, that all individuals shall be residents of the
State of New Jersey for at least one (1) year prior to the time of
applying for the license, shall be at least eighteen (18) years of
age and of good moral character; and all corporations shall be incorporated
in the State of New Jersey or authorized to do business in New Jersey.
b.
The annual fee to be paid for such license shall be the sum of twenty-five
($25.00) dollars provided, however, that the fee for any license granted
after the first day of August and expiring December 31 of the same
year shall be ten ($10.00) dollars.
[1980 Code § 200-4]
a.
Applications for licenses for taxicabs shall be made by the owner,
lessee or bailee thereof upon blank forms furnished by the Municipal
Clerk, and such application shall contain the full name and address
of the owner, lessee or bailee and also the applicant, the type of
vehicle for which the license is desired, the length of time the vehicle
has been in use, the number of persons it is capable of carrying and
the motor power. The application shall be sworn to by the applicant
and shall contain all the following information:
1.
The name, business address, home address, business telephone number,
residence telephone number and age of an individual owner or all partners
and, if a corporation, the State of incorporation and, if not New
Jersey, the date it is authorized to do business in New Jersey, the
name, business address, business telephone number, officers, directors,
managers, stockholders owning more than ten (10%) percent of the stock
of the corporation, and a copy of the certificate of incorporation
and/or authority to do business attached.
2.
For each vehicle to be licensed, the name, address, telephone number
of the insurance agent and insurance company that will provide the
required insurance coverage.
3.
For each vehicle to be licensed, the name of the manufacturer, body
type, year, serial number, color, bill of sale number, State registration
number and license number, if any.
4.
For each individual owner or partner or, in the case of a corporation
as the applicant, its president, manager and each stockholder holding
ten (10%) percent or more of the capital stock of such corporation,
a sworn statement whether or not any such person(s) has ever been
convicted of any crime and, if so, the nature of the offense, where
convicted and the date of each such conviction.
b.
Each application for a taxicab license shall be accompanied by a
certificate of insurance from a company licensed to do business in
the State of New Jersey, showing evidence of insurance for each vehicle
to be licensed and the amount and type of coverage required by this
section, and shall refer thereon to the vehicle to be insured by make,
year and serial number. A vehicle shall have a minimum of five hundred
thousand ($500,000.00) dollars liability coverage, fifty thousand
($50,000.00) dollars property damage and twenty-five thousand ($25,000.00)
dollars medical coverage.
[1980 Code § 200-5]
After completing and submitting the application as set forth
above, the following prerequisites shall be satisfied before a license
may be issued:
a.
Inspection. No vehicle covered by the terms of this section shall
be licensed until it has been thoroughly and carefully inspected and
examined by such person, firm or corporation as may be designated
by resolution by the Mayor and Council and found to be in a safe condition
for the transportation of passengers, and such examination and inspection
may be required at any time during the term of any license. Side curtains
or shades shall not be permitted on any such licensed vehicle; nor
shall any vehicle covered by this section be licensed unless it contains
a fire extinguisher in working order, a first aid kit and a wrecking
bar. Skid chains and/or snow tires shall also be provided when same
are required. A license shall be refused or, if already issued, revoked
or suspended if any vehicle is found to be unsafe for the transportation
of passengers.
b.
Fingerprinting. Every individual owner or partner and, where a corporation
is the applicant, its president, manager and each stockholder holding
ten (10%) percent or more of the capital stock of such corporation
applying for a taxicab license shall be fingerprinted by the Police
Department as a prerequisite to the approval of such license by the
Mayor and Council or the issuance of such license by the Municipal
Clerk. Each applicant shall pay to the Borough the cost to process
such fingerprints with the State Police and/or the Federal Bureau
of Investigation. In the event that any such person has been convicted
of any crime involving moral turpitude, violence or threat of violence
in this State or in any other State or territory of the United States,
the Mayor and Council shall refuse to issue a taxicab license to such
an individual applicant or corporate applicant and shall revoke the
same, after a hearing, upon a presentation of evidence of a prior
or subsequent conviction of any such criminal offense. Refusal of
any person herein to be fingerprinted shall result in the Municipal
Clerk refusing to issue a taxicab license.
c.
All other provisions of this section shall be complied with.
[1980 Code § 200-6]
a.
If, upon inspection, a taxicab is found to be in safe condition for
the transportation of passengers and in accordance with the provisions
of this section, and the rules and regulations established hereunder,
upon payment of the license fee hereinbefore set forth, the taxicab
may be licensed by delivering to the applicant a card of such size
and form as may be prescribed by the Municipal Clerk. Such card shall
contain the name of the applicant, together with the date of inspection
of the vehicle, and the license number of the taxicab; such card shall
have affixed the signature of the Municipal Clerk and shall contain
blank space upon which an entry shall be made of the date of every
inspection of the vehicle by the designated inspector.
b.
There shall also be affixed to a conspicuous and indispensable part
of the interior of each taxicab a small card, not exceeding six (6)
inches nor less than four (4) inches in dimension, which shall bear
the license number of the vehicle and the rate of fares upon which
such taxicab is operating.
c.
Such licenses or any renewal thereof shall be issued by the Municipal
Clerk only after approval by resolution of the Mayor and Council after
compliance by the applicant with all of the requirements of this section,
including the payment of the required fee.
[1980 Code § 200-7]
a.
All applications for renewal of taxicab licenses shall be in the
same form as the initial application and be filed with the Municipal
Clerk by November 1 prior to the expiration date of the license being
renewed.
b.
Fingerprinting shall not be required on renewal if there has been no criminal proceedings against any of the persons as required by subsection 4-18.5b, to be shown on the initial application. Notwithstanding anything in this section, fingerprinting shall be required at least once every four (4) years unless the Municipal Clerk has good cause for requiring it more frequently.
[1980 Code § 200-8]
a.
The number of taxicab licenses issued and outstanding at any one
(1) time shall be no greater than one (1) such license to each one
thousand (1,000) people of the Borough, as shown by the last official
United States census.
b.
No single person, whether owning such licenses as a sole proprietorship,
a member of a partnership or as a stockholder in a corporation, shall
be permitted to own or control or have a beneficial interest in more
than twenty-five (25%) percent of the total available taxicab licenses.
However, in the event that there are no qualified applicants for all
or a portion of the remaining available taxicab licenses and, in the
opinion of the Mayor and Council, there is an inadequate number of
taxicabs in operation in the Borough to provide satisfactory service,
the Mayor and Council may authorize the Municipal Clerk to issue licenses
in excess of the previously stipulated twenty-five (25%) percent to
owners presently operating within the Borough, for a period of one
(1) year. Renewal of licenses granted under this exception shall be
separately considered by the Mayor and Council thirty (30) days prior
to their expiration period. In any event shall the total number of
taxicab licenses be greater than that specified in paragraph a of
this subsection.
[1980 Code § 200-9]
The Municipal Clerk shall keep a register of the names and addresses
of all persons owning or operating a vehicle or vehicles licensed
under this section, together with the license number and the description,
make and dimensions of such vehicles, with the date and complete record
of inspections made of it. Such records shall be open to the inspection
of the public at all reasonable times.
[1980 Code § 200-10]
a.
License Required. No person shall operate or drive a taxicab for
hire on the streets or roads of the Borough until he or she has procured
and has been issued a taxi driver's license by the Borough Clerk.
No owner of a taxicab shall permit a taxicab to be operated or driven
for pay or hire by anyone other than a driver so licensed.
b.
To Whom Issued. Each applicant for a taxi driver's license shall
be at least eighteen (18) years of age, shall hold a driver's license
issued by the State of New Jersey, be of sound physical health and
good moral character and shall have satisfied all the other requirements
of this section, including the payment of the required fee.
c.
Application for License Form and Content. All applications for a
taxicab driver's license shall be made in writing, in triplicate,
to the Municipal Clerk on forms supplied by the Municipal Clerk, shall
be signed by the applicant under oath and shall contain the following
information:
1.
The full name and address of the applicant, the residences of the
applicant for the past year, the length of time residing at his present
address, age, the number of his or her driver's license, whether the
driver's license was ever revoked or suspended and, if so, for what
reason, details of any service in the armed forces, together with
the date and nature of discharge therefrom, and the affidavits of
two (2) citizens of the State who have known him or her personally
for at least one (1) year prior to the date of making such application,
attesting to his good moral character.
2.
Each application for a taxi driver's license shall be accompanied
by two (2) recent photographs of the applicant of a size two by two
(2 x 2) inches.
3.
All applications for a taxi driver's license shall state the owner
for whom the applicant intends to drive, and such owner shall endorse
the application.
4.
A statement under oath as to whether or not the applicant has been
convicted of any crime in this or any other state and, if so, the
nature of the offense, where convicted and the date of such conviction.
5.
A statement as to whether or not the applicant has been convicted
of any traffic violations during the previous five (5) year period
and, if so, the nature of the offenses, where convicted and the date
of such conviction.
6.
An applicant for a taxicab driver's license shall cause himself to
be examined by a physician licensed to practice medicine in the State
and shall file with his application for issuance or renewal of a taxi
driver's license a certificate of such physician dated within sixty
(60) days of such filing, showing that the applicant is in good general
health, free from any communicable disease and has no past history
of epilepsy, vertigo, coronary thrombosis, cerebral hemorrhage or
any other affliction or infirmity of body or mind which might cause
loss of control of the taxicab or render him or her unfit for the
safe operation of a taxicab. The applicant shall also cause his vision
to be examined by an ophthalmologist or optometrist, and his certificate
shall state corrective glasses, if required. Such certificate shall
be filed each year upon application for renewal of the taxi driver's
license.
7.
The height, weight, color of eyes and hair, place of birth, places
of previous employment for the five (5) years preceding application,
whether previously licensed as a driver or chauffeur and, if so, whether
the license was ever revoked or suspended and for what reason.
d.
Prerequisites. After completing and submitting the application as
aforesaid, the following prerequisites shall be required before a
license may be issued:
1.
Fingerprinting. Every applicant for a taxi driver's license shall
be fingerprinted by the Police Department. Upon refusal of such applicant
to be fingerprinted, the Municipal Clerk shall refuse to license the
driver. Fingerprinting for renewal shall not be required more than
once every four (4) years unless the Municipal Clerk has good cause
for requiring it more frequently.
2.
No more than two (2) moving violations during the prior three (3)
years.
3.
No convictions for reckless driving, leaving the scene of an accident,
operation of a motor vehicle under the influence of alcohol or a controlled,
dangerous substance or death by automobile during the prior five (5)
years.
4.
No convictions of a crime involving moral turpitude, violence or
threat of violence in this State or any other State or territory of
the United States.
5.
Satisfactory certificates from the physician and ophthalmologist
or optometrist required as aforesaid.
6.
The ability to read and write the English language.
7.
Compliance with all other provisions of this section.
e.
Issuance.
1.
By Whom Issued. A taxicab driver's license or any renewal thereof
shall be issued by the Municipal Clerk. No approval by the Mayor and
Council shall be required. The Clerk shall refuse to issue such license
under the following circumstances:
(a)
If the applicant has more than two (2) moving traffic violations
in the prior three (3) years.
(b)
Evidence of conviction of a motor vehicle offense during the
prior five (5) years involving reckless driving, leaving the scene
of an accident, operation of a motor vehicle under the influence of
alcohol or a controlled dangerous substance or driving resulting in
death by auto.
(c)
The certificate from the physician or ophthalmologist or optometrist
reveals that the individual's health is not satisfactory or eyesight
is not correctable with glasses.
(d)
Evidence of conviction of a crime involving moral turpitude,
violence or threat of violence.
(e)
Evidence that the application contains any materially false
statements.
(f)
Failure to comply with any other provisions of this section.
2.
In the event that the application for a taxicab driver's license
is refused by the Municipal Clerk or revoked by the Clerk as provided
herein, the applicant shall have the right to appeal to the License
and Transportation Committee of the Borough Council for review and
recommendation to the Mayor and Council. Such appeal shall be in writing
and shall set forth the basis therefor and shall be made within sixty
(60) days of such refusal.
f.
Form and Content of License. The license shall be in writing, numbered,
in triplicate and signed by the Municipal Clerk on a form provided
by the Borough, and shall contain the following information: the name,
address, taxicab owner by whom employed, New Jersey driver's license
number and license number.
g.
Where Displayed. One (1) copy of the taxicab driver's license when
issued shall be retained by the Clerk. The applicant shall receive
the original, which shall be displayed in the taxicab by attaching
it to the right-hand visor or to a conspicuous and indispensable part
of the interior of the taxicab being operated by the licensee. The
other copy of the driver's license shall be forwarded to the taxicab
owner or operator by whom the driver is employed and shall be displayed
in the business office of the employer.
h.
Renewal of License. All applications for renewal of a taxicab driver's
license shall be in the same form as the initial application and filed
with the Municipal Clerk at least one (1) month before the expiration
date of the license being renewed. A photograph shall not be required
if one has previously been supplied which is no more than three (3)
years old.
i.
Changes. After the issuance of such license, each licensee and owner
shall, within seven (7) days from the date of any change in the information
contained in the application, notify the Municipal Clerk in writing
of all such changes.
j.
Duty of Police Chief. The Chief of Police or his designee shall review
all applications for taxicabs and taxi driver's licenses and shall
inform the Municipal Clerk if any criminal violations of the type
that would affect the issuance of this license or any traffic violations
within five (5) years are revealed by his investigation.
k.
Revocation or Suspension of License. The Municipal Clerk shall have the authority to revoke any issued taxi driver's license upon receipt of evidence of any fact that would have prohibited the issuance of such license or proof of any misstatement in the application. The license shall be automatically revoked if the holder thereof shall lose his driving privileges in any State, fail to renew his State driver's license, be convicted of any crime involving moral turpitude or conviction of any motor vehicle violation as provided in subsection 4-18.10e. Any licensee who defaces, removes or obliterates any official entry made upon his license or who otherwise violates the terms of this section shall be punished by suspension or revocation. If the driver's license is suspended or revoked, the holder thereof and the employer shall immediately surrender the original and copy to the Municipal Clerk, and the owner shall not permit such driver to operate a taxicab. In the event of such suspension or revocation, the licensee shall have the right to appeal to the License and Transportation Committee for review and recommendation to the Mayor and Council, in writing, within sixty (60) days of such revocation.
[1980 Code § 200-11]
The following license fee shall be paid for a driver's license:
for each original license, ten ($10.00) dollars; for each renewal
thereof, ten ($10.00) dollars, plus the cost to process any fingerprinting
with the State Police or Federal Bureau of Investigation.
[1980 Code § 200-12]
Each owner having a taxicab license for operation in the Borough
of Roselle Park shall maintain an office in a zone of the Borough
where business use is permitted. The requirements for the operation
of such an office and the items to be located therein are as follows:
a.
A duplicate of each taxicab license shall be displayed in a prominent
location on the walls of the office. The owner shall also keep on
file a copy of the taxicab driver's license for all drivers employed
by him.
b.
c.
The owner's copy of each vehicle inspection report, which shall be
kept for one (1) year after such inspection.
[1980 Code § 200-13]
a.
No vehicle shall be licensed or used as a taxicab unless mechanically
safe to operate with brakes, lights, windshield wipers and signaling
devices in good working order. The owner of each taxicab operating
in the Borough shall keep his or her taxicabs in good working order
so that they make a presentable appearance, are free from mechanical
defects, loose fenders, dents, loose doors, broken or soiled upholstery
and broken or cracked glass or any other unsatisfactory condition,
and will afford a comfortable, safe ride to passengers.
b.
All cars placed in taxicab service hereafter shall have the following
physical characteristics:
1.
All car bodies shall have four (4) doors; two (2) leading into the
passenger compartment, so constructed that they may be opened from
the inside and the outside. Each door shall be equipped with a safety
lock which can be operated by the passenger.
2.
All upholstery covering or interior lining, except the roof lining
of any taxicab, shall be of a nonabsorbent or washable material.
3.
Floor mats shall be of removable rubber or other nonabsorbent material.
4.
An external rear view mirror shall be mounted on the driver's side.
[1980 Code § 200-14]
All vehicles placed in taxicab service shall carry the following
equipment and identification:
a.
A passenger-compartment light adequate to illuminate the interior
of the passenger compartment, which may be switched on or off by the
driver at the passenger's request.
b.
Seat belts in number and type as delivered by the manufacturer of
the vehicle.
c.
A flashlight which shall be kept in the glove compartment.
d.
At least three (3) emergency road flares which shall be kept in the
trunk.
e.
A sign indicating that smoking is not permitted, which is to be displayed
in a manner and location readily visible to the passenger.
f.
Affixed on both sides of each taxicab, a sign with one (1) of the
words, "Taxi," "Cab" or "Taxicab" in letters at least three (3) inches
high and the name of the licensed owner in letters at least one (1)
inch high, followed or preceded by the word "owner."
[1980 Code § 200-15]
a.
Each licensed driver when operating a cab shall carry the following
equipment:
2.
A driver shall carry his State- and Borough-issued driver's license
at all times while operating the taxicab. He or she shall show his
or her State driver's license to any passenger upon request. A duplicate
of his or her Borough-issued license shall be displayed as provided
in this section.
b.
Clothing worn by the driver shall be neat and clean and in good condition.
The driver shall not wear shorts or garments known as tank tops.
c.
Shoes must be worn that are safe for the operation of a vehicle.
No bare feet are permitted, and all types of sandals are prohibited.
[1980 Code § 200-16]
Every licensed taxicab driver shall obey the following rules
and regulations:
a.
When engaged by passengers in the operation of the taxicab, all taxicab
drivers shall be neat in appearance, clean of body and shall refrain
from smoking and using profane, abusive or insulting language.
b.
A driver shall not consume any intoxicating liquors or any controlled
dangerous substances while operating a vehicle, and a driver shall
not operate a vehicle while under the influence of a controlled dangerous
substance or intoxicating liquor to any degree.
c.
No driver shall convey more than four (4) passengers at any one (1)
time.
d.
A driver shall not solicit patronage or passengers at any location
except those provided for in this section.
e.
A driver shall not refuse service to any person unless he has previously
been engaged, or unless the person seeking service is disorderly or
under the influence of intoxicating drugs or liquors. When serving
more than one (1) passenger, the driver shall serve the passenger
requesting service first, unless mutually agreed with the first passenger
to do otherwise.
f.
If the driver carries an AM or FM radio or tape player in the cab,
as permanent equipment or otherwise, it shall not be played while
conveying passengers if the passenger requests that is not be played.
[1980 Code § 200-17]
In addition to the requirements of this section set forth herein,
the following shall also apply to the operation and use of taxicabs.
[1980 Code § 200-18]
a.
The Mayor and Council are hereby authorized to designate by resolution
such place or places within the Borough as public taxicab stands as
may be required.
b.
There shall be a metal sign attached to a stanchion on the curb or
other conspicuous place, setting forth the number of taxicabs for
hire that will be allowed at such stand, and only such taxicabs used
for hire in such numbers as are set forth on the metal sign may remain
at the stand while waiting for employment and only in single file,
pointed in accordance with the traffic regulations. As a taxicab leaves
the line, those behind shall move up and other taxicabs seeking parking
space at the stand shall approach the same only from the rear thereof.
[1980 Code § 200-19]
No taxicab driver shall loiter within a space prohibited by
law or ordinance, or stand in a prohibited place soliciting or waiting
for a new passenger.
[1980 Code § 200-20]
No taxicab, while waiting for employment by passengers, shall
stand on any public street or space other than as designated or established
in accordance with this section, nor shall any driver of a taxicab
seek employment by cruising or by otherwise interfering with the proper
and orderly access to or egress from any theater, hall, hotel, public
resort or other place of public gathering, and no driver shall solicit
passengers for a taxicab except when standing at his vehicle or sitting
upon the driver's seat thereof.
[1980 Code § 200-21]
Every driver of a taxicab, immediately after the termination
of every hiring or employment, shall carefully examine such taxicab
for any property lost or left therein, and any property unless sooner
claimed or delivered to the owner shall be reported in writing by
the driver or owner of the taxicab to the Municipal Clerk with brief
particulars and description of the property within twenty-four (24)
hours after finding thereof.
[1980 Code § 200-22]
Nothing in this section shall apply to any omnibus, limousine
or jitney licensed by the Mayor and Council or by the Board of Public
Utilities of the State of New Jersey to operate over a defined route.
[1980 Code § 200-23]
No advertising matter of any nature shall be permitted on the
outside or inside of any taxicab licensed hereunder, except that nothing
herein shall be construed as prohibiting the display of the name,
address and/or telephone number of the owner of the cab on the outside
of the vehicle.
[1980 Code § 200-24]
It shall be unlawful to drive any taxicab while any passenger
is riding on the outside of the body thereof, and it shall be unlawful
to drive any taxicab recklessly or to race with any other vehicle
or to refuse to carry any person who properly applies for transportation.
[1980 Code § 200-25]
Change of ownership or title to any taxicab licensed under this
section shall automatically revoke the license. The purchaser of such
vehicle shall be required to apply for a license to operate the same
as a taxicab in accordance with the terms of this section.
[1980 Code § 200-26]
The Mayor and Council is hereby authorized and empowered to
establish, by resolution, reasonable rules and regulations to enforce
the provisions of this section, including but not limited to inspection
of taxicabs, their appurtenances and the construction and condition
of fitness of the vehicle for the safe and adequate transportation
of passengers.
[1980 Code § 200-27]
Any person violating any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5. In addition thereto, the license provided for by this section shall be suspended, pending action by the Mayor and Council with respect to suspension or revocation of the license in accordance with the terms of this section. It shall be the duty of the court to notify the Mayor and Council of any violations of the terms of this section.
[1980 Code § 200-28]
In order to ensure the safety of the public, it shall be unlawful for the owner, lessee or bailee of any taxicab to operate or cause or permit such taxicab to be operated, nor shall any license be issued hereunder, unless and until the applicant shall have complied with the provisions of Chapter 16 of Title 48 of the New Jersey Statutes, and the acts amendatory thereof or supplemental thereto.
[1980 Code § 200-29]
Licenses granted under this section may be suspended for a period
of up to ninety (90) days at any time by the Municipal Clerk or by
Mayor and Council if the taxicab shall not be in a safe condition
for the transportation of passengers nor kept in conformity with the
terms of this section, or revoked for the violation of any of the
provisions of this section, in the discretion of the Mayor and Council.
[1980 Code § 200-30]
a.
The prices or fares that may be charged by the owners or drivers
of taxicabs or public motorcars for the transportation of passengers
for hire are established as follows:
|
From Roselle Park to
|
Fare
|
|---|---|
|
Roselle Park
|
$2.00
|
|
Roselle
|
$3.00 to $10.00
|
|
Cranford
|
$4.00 to $10.00
|
|
Elizabeth
|
$5.00 to $12.00
|
|
Garwood
|
$7.50 to $12.00
|
|
Hillside
|
$7.50 to $13.00
|
|
Kenilworth
|
$4.50 to $10.00
|
|
Newark
| |
|
Pennsylvania Station
|
$16.00 to $18.00
|
|
Broad and Market
|
$16.00 to $18.00
|
|
Newark Airport
|
$18.00 to $20.00
|
|
East Orange
|
$18.00 to $25.00
|
|
West and South Orange
|
$19.00 to $30.00
|
|
Rahway
|
$9.50 to $18.00
|
|
Springfield
|
$9.50 to $15.00
|
|
Union
|
$3.50 to $12.00
|
|
Westfield
|
$14.00 to $17.00
|
|
Hospitals
| |
|
Union Hospital
|
$4.00
|
|
Beth Israel
|
$14.00 to $19.00
|
|
Runnells
|
$21.00 to $26.00
|
|
St. Barnabas
|
$25.00 to $30.00
|
|
Midtown Docks
|
$50.00 plus tolls
|
|
New York Airports
| |
|
John F. Kennedy
|
$62.00 plus tolls
|
|
LaGuardia
|
$62.00 plus tolls
|
b.
Additional Information.
[1980 Code § 202-1; New; Ord. No.
2280 § I]
No towing operator should provide Police-requested or emergency
tow truck services within the Borough without obtaining a license
in accordance with the provision of this section. Specifically exempted
from this license requirement are the towing, transportation, conveying
and removing of vehicles from private property except in the case
of a Police emergency. The Borough of Roselle Park shall solicit proposals
of licensed towing operators to provide Police-requested and emergency
towing services pursuant to N.J.S.A. 40:49 et seq. The Borough shall
award a two (2) year license with the option to renew for two (2)
additional years at the Mayor's and Police Chief's discretion to operate
Police-requested or emergency towing services consistent with the
following provisions.
[1980 Code § 202-2; Ord. No. 2280 § I]
Each proposal shall be evaluated pursuant to the criteria set
forth herein. Licensees are required to meet all of the minimum criteria.
Failure to do so, whether determined by the Borough upon the review
of the proposal or upon the inspection of the licensee's facility
and vehicles, may result in the rejection of the proposal.
a.
Licensees who meet and do not exceed the minimum criteria will receive
a score of "1" for each of the criteria. Failure to meet the minimum
criteria will result in a score of "0" for that criteria.
b.
If no licensee achieves "1" for every category, then the Borough
reserves the right to award to the tower(s) with the greatest score
on a nondiscriminatory basis.
c.
All books, ledgers, and other pertinent records of the licensee shall
be available for inspection by authorized representatives of the Borough
at all reasonable times, and the licensee agrees to furnish the Borough
with such records, reports, or tabulations of services rendered under
this agreement as may be required for a minimum of seven (7) years
after the expiration of the contract. Failure to comply may result
in the Police Chief issuing an immediate suspension.
|
The Borough shall request from DMC a MVI within ten (10) days
of the initial tow. The information will be promptly provided to the
contractor and thereafter the Police Department shall apply for title
in accordance with the laws of the State of New Jersey.
|
[1980 Code § 202-3; Ord. No. 2280 § I]
In addition to meeting each and every standard and/or requirement
set forth within this section, each proposed licensee shall provide
the following information and documents as part of the sealed proposal.
Each proposed licensee is required to include each of the below-mentioned
items and the mandatory towing garage information sheet with its proposal
package. The absence of any of these completed documents with the
sealed proposal will cause the proposal to be rejected.
a.
One (1) each of the following: stockholders disclosure; fully completed
proposal sheet; affidavit of moral integrity, compliance and noncollusion;
certificates of insurance; joint venture agreement (if applicable);
list of additional credit cards and/or motor club cards accepted in
addition to those required and a fully completed towing garage information
form.
b.
A list of all vehicles and equipment to be used during the contract
term must be submitted. State the quantity, make, year, capacity,
condition, and registration number of each vehicle and include copies
of the vehicle registration and proof of ownership of lease/interest
with a copy of lease/subcontract from a company regularly in the business
of leasing.
c.
The name and address of the principal place of business, and the
address of any branch offices and/or off-premises storage facilities.
d.
Proposed licensee shall provide current letter of reference from
each of the following: a commercial account; a motor club; and a City,
County or State highway or toll road of the municipality for which
he tows. "Current" is defined as "issued within the past twelve (12)
months."
e.
A roster of all employees who will perform services under the proposal
and/or contract. The Borough reserves the right to perform criminal
background checks and/or credential checks on each of the employees
listed by the proposed licensee from, but not limited to, the following
agencies: Division of Consumer Affairs in the Department of Law and
Public Safety, and Division of Fraud in the Department of Banking
and Insurance. The following information shall be included as part
of the roster of employees.
f.
Proposed licensees shall also submit a complete list of all criminal
convictions of all directors, partners and employees of any crime
of the fourth degree or higher within the past ten (10) years from
the date of the proposal opening. The licensee shall immediately notify
the Borough, in writing, of any criminal charges that may become pending
against the business, its officers, directors, principals, partners,
stockholders, employees, or employer (closed corporations only) during
the term of the contract or pending at the time of the receipt of
the within proposal.
g.
A description as to the support of storage space available. This
description shall include the size of the available storage area and
spaces available.
h.
Proof of ownership or rental of the storage facility or facilities.
In the case of rental, a copy of the fully executed lease agreement
covering the term of this contract shall be submitted. The lease shall
state that the storage of towed vehicles will be allowed under the
lease provisions.
i.
A list of all leased or subcontracted equipment to be used during
the contract term, including the name and address of the owner and/or
subcontractor and a copy of the lease or contract.
j.
A statement of experience and at least three (3) contact names and
telephone numbers.
[1980 Code § 202-4; New; Ord. No.
2280 § I]
a.
Reliability.
1.
The licensee shall not have had two (2) or more contracts, with any
government entity, suspended for cause for a period of thirty (30)
days or more and/or terminated for cause within the last one (1) year
prior to the proposal due date.
2.
The licensee shall provide the name and telephone number of a contact
person who will be available twenty-four (24) hours a day, seven (7)
days per week.
3.
The licensee shall be able to provide towing and related services
twenty-four (24) hours a day, seven (7) days a week, including all
holidays.
4.
The licensee will provide towing at no charge for any Borough-owned
vehicles within a reasonable distance to Borough (no farther than
twenty-five (25) miles).
5.
The licensee shall provide that all personnel and equipment used
in performance of his duties as a license holder shall be and remain
his direct responsibility and that in no event shall any personnel
or equipment be represented or considered as belonging to or employed
by the Borough. The licensee agrees and fully understands that he
is operating under this agreement as an independent contractor and
in no way as an agent, servant, or employee of the Borough of Roselle
Park.
b.
Experience.
1.
At a minimum, the licensee must have five (5) years experience within
the last seven (7) years in providing emergency towing service to
a municipality or other government entity. The Borough may take into
account the proposer's type of government experience in evaluating
the proposals.
2.
The licensee shall warrant that equipment operators shall be competent,
experienced and appropriately licensed in the operation of all equipment
needed to perform towing and emergency services. The equipment operator
shall, at all times, be courteous and present a clean, neat appearance,
and shall obey and respect all rules and regulations of the Borough
and such modifications thereof as shall be prescribed by the Borough
in the interest of efficient service to be performed by a contractor.
3.
The licensee shall employ experienced drivers who have valid driver's
licenses for the equipment to be operated.
c.
Response Time. The licensee shall reach the furthest areas in the
municipality from his facility within twenty (20) minutes at all times;
the licensee shall also return to his garage facility within twenty
(20) minutes at all times. (Heavy traffic periods will be included
in calculation).
d.
Acceptance of Credit Cards and Prepaid Towing Contracts. At a minimum,
the licensee shall accept AMEX, Visa and MasterCard from motorists
for services rendered. Failure to comply with these provisions or
refusal to accept the credit cards when tendered by a motorist shall
be deemed to be a substantial violation of the requirements of this
contract. The licensee shall indicate on his application for license
other credit cards and auto club memberships he accepts in addition
to those listed above.
e.
Price to Patrons.
1.
Towing charge and mileage charge shall start at the point of disablement.
No travel time or mileage charge to the point of disablement will
be permitted. All calls for disabled vehicle service originating on
or dispatched by the Borough of Roselle Park shall be charged the
rates stipulated to by the licensee, with respect to Class I vehicles,
or shall adhere to the rates with respect to Class II and Class III
vehicles. No licensee shall charge a motorist or any other third party
(such as an insurance company or a motor club) an amount in excess
of the amount bid with respect to Class I vehicles.
2.
Pursuant to N.J.S.A. 40:48-2.49, as amended, all licenses shall provide
a statement that regulations and fee schedules are available to the
general public during normal business house of the Borough.
3.
Pursuant to this section, a licensee shall post in a conspicuous
manner, in the motorist waiting area, a copy of the Roselle Park contract
municipal rates as outlined in the Municipal Request for Proposal
for Towing and Related Services.
4.
The licensee shall supply all the information requested on the proposal
sheet. In the case of an accident, any additional repair services
not specifically listed in this section may be charged pursuant to
the agreement of the licensee and the vehicle's owner or owner's agent
after the vehicle is removed from the scene of the accident.
5.
The equipment rental rate and all other fees as specified in this
section and/or the Maximum Rate Schedule shall include experienced
operators for each vehicle and all fuel, repair, insurance and any
and all other operating expenses.
6.
Maximum Rate Schedule.
(a)
In order to protect the motoring public and to ensure reasonable
charges and guard against predatory pricing, the Borough has imposed
limitations on rates which may be charged for towing and emergency
services. Maximum rates will be in effect twenty-four (24) hours a
day, seven (7) days a week, including holidays. At no time during
the term of this contract may the licensee charge rates to motorists
that exceed the maximum rate established by the Borough, nor may the
contractor charge rates in excess of those quoted in his proposal;
site relation charges; waiting time; administrative fees; or any other
service.
This provision regarding maximum rates does apply to service
provided to other than Class I vehicles (except as set forth herein
to the contrary), and to charges for incidental labor and winching
provided herein.
(b)
Maximum rates for services to be provided under this section:
(1)
Maximum rates on towing cars and campers up to a registered
maximum gross weight of six thousand nine hundred ninety-nine (6,999)
pounds (cars and other Class I vehicles), are as follows:
[a]
Towing charge: sixty-five ($65.00) dollars.
[b]
Mileage: three ($3.00) dollars per mile or fraction
thereof.
[c]
Road service, twenty-four (24) hours per day: thirty
($30.00) dollars.
[d]
Tire change: thirty ($30.00) dollars.
[e]
Fuel, oil and water call: thirty ($30.00) dollars.
[f]
Battery boost: thirty ($30.00) dollars.
[g]
Storage per 24-hour period: thirty ($30.00) dollars.
[h]
Winching: two ($2.00) dollars per foot.
[i]
Labor: fifteen ($15.00) dollars per quarter hour,
or any part thereof, when not performing any of the above specified
charges.
[j]
Upright rollovers and off-roadway recovery: one
hundred ($100.00) dollars per hour.
(2)
Rates on road service for other than cars and other Class I
vehicles are as follows:
[a]
Road service, twenty-four (24) hours per day: seventy-five
($75.00) dollars per tow truck required.
[b]
The above average charge shall be in addition to
the thirty ($30.00) dollar charge for motor fuel, oil, labor, parts
and other material needed for repair, but shall not be in addition
to the towing charge, if any.
[c]
The charge of parts and labor shall be in accordance
with the current edition of Motor's Publications or similar industry
guides.
(3)
Rates on towing trucks and buses (two-axle) and cars and campers
with a registered maximum gross weight from seven thousand (7,000)
pounds to fourteen thousand nine hundred ninety-nine (14,999) pounds
(Class II vehicles), are as follows:
[a]
Towing charge: one hundred fifty ($150.00) dollars,
plus five ($5.00) dollars per mile or fraction thereof, per tow truck
required.
(4)
Rates on towing trucks, with or without trailers, and buses
(three-axle or more), or other vehicles with a registered maximum
gross weight exceeding fourteen thousand nine hundred ninety-nine
(14,999) pounds (Class III vehicles), are as follows:
[a]
Towing charge: two hundred fifty ($250.00) dollars,
plus five ($5.00) dollars per mile or fraction thereof, per tow truck.
[b]
The charge for use of a land-all trailer (lowboy)
is one hundred fifty ($150.00) dollars for the first hour, with an
additional seventy-five ($75.00) dollar charge for each additional
hour used. In addition, there will be a towing charge of five ($5.00)
dollars per mile.
[c]
The charge for the use of a heavy-duty under reach
is two hundred fifty ($250.00) dollars per hour, plus five ($5.00)
dollars per mile or fraction thereof.
(5)
The mileage charges for a Class I vehicle shall not apply when
the operator of the vehicle elects to be towed to a destination beyond
thirty (30) miles. In such cases, the mileage charge shall be reasonable
and as mutually agreed upon between the operator of the vehicle and
the garage. In no case shall the mileage charge exceed four ($4.00)
dollars per mile within the State of New Jersey.
7.
Charges for Parts, Repairs, Labor and Service.
(a)
By submitting an application for a license, the licensee covenants
and agrees that the charges to the motorist for parts, repairs, labor,
and service for each vehicle as described in this section shall in
no event exceed the rates of reasonably accepted commercial rates
for parts. Labor charges for repair shall be comparable to those allowed
by Motor's Publications or similar industry guides.
(b)
Whenever it is determined by the Borough that a charge has been
made in excess of the rates listed, the contractor, upon demand by
the Borough, will be required to make immediate reimbursement to the
motorist. If the contractor disagrees that the amount charged is excessive,
then the amount in dispute shall be deposited with the Chief of Police
in certified funds pending a form hearing before the Chief of Police
or his designated Traffic Officer. The licensee agrees to maintain
records of all services performed under this section and to provide
a copy of them upon request. The licensee agrees that if the requested
documents are not supplied within ten (10) business days, his license
shall be subject to suspension for a period of up to two (2) years.
f.
Adequate Equipment. Each licensee shall submit a complete towing
garage information form, (a blank form of which is attached to the
Municipal Request for Towing Services, attached hereto as Appendix
A[1]) with the proposal showing that the licensee owns or leases
all equipment required to perform the contract service. Each licensee's
equipment shall meet or exceed the Borough's requirements as listed
below.
1.
The licensee shall have available for service at a minimum two (2)
wrecker trucks, with wheel-lifts (no bold-on attachments), and two
(2) flatbed trucks equipped to render first class wrecking, towing,
and road service, and two (2) heavy-duty wreckers with wheel lifts.
The type, condition, and design of the equipment required shall be
such that it will efficiently perform the work required and shall
be subject to inspection by the Borough. Blinker lights and flags
or flares with a visibility of one thousand (1,000) feet from a disabled
vehicle must be on board each vehicle and shall be brought along for
all calls.
2.
Notwithstanding any other provision of this section, the licensee
shall have immediate access to at least one (1) wrecker with a crane,
capable of handling the heaviest trucks and motor vehicles allowed
to operate without specific permission on New Jersey roadways.
3.
The licensee's wreckers shall carry necessary mechanic's tools, including
at a minimum, portable air compressors for tire inflation, flashlights
and crowbars. Wreckers shall carry regular, no-lead and diesel motor
fuels; oil; anti-freeze/coolant and water. In addition, sand, at least
one (1) foam fire extinguisher, brooms, and shovels shall be carried
to perform the necessary cleanup where required from an accident or
removal scene. Cleanup will include sweeping the roadway and removing
all glass, plastic, and/or other parts and shall include the drying
or removal of any oil, gas, or other material at the scene on the
roadway or in the vicinity.
4.
The licensee shall maintain all equipment in good mechanical condition,
and it must be available for inspection at all times by representatives
of the Borough or the Police. Equipment shall meet all Federal and
State regulations and all OSHA standards.
5.
Each service vehicle shall be kept clean and have a freshly painted
appearance and have permanently placed letters giving the name of
the licensee.
6.
Each service vehicle shall be appropriately identified on each side
with the name and address of the licensee and the Borough identification
as deemed necessary by the Borough. Magnetic signs are not acceptable.
7.
The licensee shall ensure that each service vehicle is properly registered
and insured as provided herein.
8.
The licensee shall maintain written, separately dated monthly vehicle
impound computerized records for unclaimed vehicles to be forwarded
to the Police Chief, indicating the make, year and registration of
each vehicle; date and time towed; date and time released; odometer
reading, and VIN. All impounded vehicles will be released only after
receiving written Police authorization. Each licensee shall be required
to keep up-to-date computerized records of all vehicles towed in connection
with this license. Each licensee shall provide the Borough Police
Traffic Bureau with a list of all vehicles towed by order of the Police
(impounded) that remain unclaimed in storage and a list of which vehicles
have been released every Friday by 12:00 noon. A violation of this
section shall be grounds for immediate suspension and possible revocation
of license.
[1]
Editor's Note: Appendix A, referred to herein, may be found
on file in the Borough offices.
g.
Location of Storage Facility. A licensee's facility shall be located
within five (5) miles of the Borough of Roselle Park borders. Facility
shall also be zoned for long-term storage for towed, damaged, wrecked
and inoperable motor vehicles. Administrative and customer accommodations
shall be clean and well-maintained at all times.
h.
Security of Vehicles Towed or Stored.
1.
Each licensee shall submit documentation with the proposal showing
that he owns or leases all equipment required to perform the contract
service prior to submission of an application for a license. In addition
to any other vehicle already stored at the licensee's premises, the
contractor shall have the capability of storing a minimum of fifty
(50) passenger motor vehicles towed and three (3) trucks. Outside
storage area(s) shall be secured, enclosed and lighted, and subject
to inspection at any time by the Borough. The storage area shall be
adequately safeguarded by a fence, wall or other barrier no less than
six (6) feet high against vandalism and theft. All storage areas shall
meet the requirements of N.J.A.C. 11:3-38.2.
2.
Inside Building Secured Storage. Each licensee shall have an inside
building secured storage space sufficient to accommodate at least
three (3) vehicles for exclusive use of the Police Department in connection
with vehicles being held as evidence or under investigation. All storage
areas shall meet the following requirements: a permanent fixed structure
for a storage facility that is secured by a locking device on each
opening. The inside building storage space shall be capable of being
locked/safeguarded against access by unauthorized persons/employees.
3.
The licensee shall provide a minimum of four (4) hours of free storage
for each stored vehicle.
4.
The licensee shall be available to surrender property from any vehicle
stored on his premises when such property is not an integral part
of the vehicle. At a minimum, property will be released Monday through
Friday, for no less than nine (9) hours a day and Saturday hours shall
be between the hours of 9:00 a.m. and 12:00 noon.
5.
The licensee shall be available to release vehicles to motorists
upon payment for those charges permitted by the contract. At a minimum,
vehicles will be released Monday through Friday for no less than nine
(9) hours a day and Saturday hours shall be between the hours of 9:00
a.m. and 12:00 noon.
6.
Vehicle Retrieval. The licensee shall not place vehicles on top of
one another in the storage lot. The licensee shall not store vehicles
more than five (5) deep. There shall be sufficient space between vehicles
for Police to identify vehicles. A vehicle shall be released within
one (1) hour from when the owner presents the contractor with a release
and payment.
i.
Adequate Liability Insurance.
1.
Insurance Requirements:
(a)
Licensees shall submit certificates of insurance that meet or
exceed the minimum requirements set forth below. The Borough has agreed
to review proposed certificates of insurance prior to submission.
Licensees who are notified that their certificates are compliant,
are not required to submit additional copies of the certificates with
the proposal. Licensees who are notified that their certificates are
deficient/not compliant are required to submit compliant certificates
with their proposal.
(b)
Licensees shall have the following coverage and in the minimum
amounts stated from an insurance company licensed to do business in
the State of New Jersey:
(1)
Workers' compensation: statutory New Jersey limits.
(2)
Commercial general liability or garage liability, including
personal injury coverage and such additional special endorsements
as the particular activity or contract might require: one million
($1,000,000.00) dollars per occurrence. In the event that commercial
general or garage liability coverage contains an aggregate limit,
the aggregate shall be at least three (3) times the minimum occurrence
limit of one million ($1,000,000.00) dollars.
(3)
Automobile insurance or garage liability with limits of one
million ($1,000,000.00) dollars per occurrence. If automobile insurance
is provided, coverage must indicate "any auto."
(4)
Umbrella coverage will be acceptable in lieu of the higher aggregate
limit if the umbrella policy contains a clause stating that it will
drop down in the event the primary aggregate is impaired or exhausted.
(5)
Each policy shall contain a thirty (30) day cancellation clause
where they shall provide notice to the business owner and also notice
must be provided to the Borough of Roselle Park.
(6)
The Borough of Roselle Park shall be named as an additional
insured and certificate holder, and the policy shall contain a severability
clause.
(c)
Unless pre-approved, the licensee shall submit with his application
for a license, copies of the certificates of insurance evidencing
such coverage. The policies shall be effective prior to the beginning
date of the proposed agreement and shall remain in force during the
term of the agreement. In event of interruption of coverage for any
reason, all services under this agreement shall cease and shall not
resume until coverage has been restored.
(d)
Neither approval by the Borough of Roselle Park nor failure
to disapprove certificates of insurance furnished by licensee shall
release licensee of full responsibility for all liability and casualty
claims or losses. Insurance is required as a measure of protection
and licensee's liability is not limited thereby.
(e)
Licensees shall review and comply with all of the minimum requirements
set forth herein. Failure to comply fully shall result in rejection
of their proposal or termination of any license.
[1980 Code § 202-5; Ord. No. 2280 § I]
[1980 Code § 202-6; Ord. No. 2280 § I]
Licenses issued pursuant to this section shall be for a two
(2) year term, effective from the date of the award of the license.
At the end of the term, the applicant may reapply for a new license.
[1980 Code § 202-7; Ord. No. 2280 § I; Ord. No. 2378]
a.
The Mayor and Council are the licensing/issuing authority.
b.
Rotation. If there is more than one (1) license issued, each licensee
shall be placed on a rotation list as compiled by the Police Chief
or his designee. Such licensee shall be called upon to respond to
the needs of the Police Department on a monthly rotation basis.
[1980 Code § 202-8; Ord. No. 2280 § I]
a.
No towing operator shall engage in "cruising," as defined in this
section.
b.
No towing operator shall solicit or attempt to divert patrons of
another towing operator whether or not licensed under this section,
nor shall a towing operator solicit or divert prospective patrons
of a given repair service to any other repair service, nor shall any
Police Officer designate or suggest any towing operator to perform
service.
c.
The licensee shall furnish the equipment and labor necessary to perform
any road service during the term of the license per the terms and
conditions specified in this section.
d.
The licensee shall ensure that the removal of all vehicles shall
be done in accordance with towing industry standards, utilizing the
appropriate piece of equipment, including, but not limited to a hook
tow, winch, sling, wheel lift, flatbed, or under reach.
e.
Nothing in this section shall be constructed as to prevent or prohibit
a motorist who is not interfering with traffic or public safety when
broken down from summoning emergency wrecking or towing services from
any other garage or other source, provided the vehicle is removed
from public property within three (3) hours.
f.
No licensee shall respond to the scene of an accident unless so notified
by the Police Department or the driver or owner of the vehicles involved
therein.
g.
Upon being called out by the Borough of Roselle Park, the licensee
shall respond to the call and shall not refuse service.
h.
If a licensee is partially or wholly unable to respond due to failure
of any equipment or personnel insufficiencies, the licensee will immediately
notify the Police Department which will contact the next towing company
in the rotation to handle the request. If such an incident occurs,
the licensee will furnish, in writing, within five (5) business days,
the details of the circumstances which caused the failure to respond
to the Borough Police Department's Traffic Bureau, which will make
a determination if a follow-up investigation and/or inspection of
the licensee's facilities is required.
i.
Each licensee will be responsible for all vehicles and visible contents
in his custody that are towed off the roads at the direction of the
Police and shall assist officers to make an inventory at the scene
to note such contents.
j.
Each licensee, prior to departing from the scene of towing services,
shall be required to clean and clear the roadway of any nonhazardous
debris resulting from any accident when rendering towing services.
At all times, the licensee shall carry the necessary equipment to
perform such cleaning services. Such equipment shall minimally include,
but is not limited to, a broom and shovel. The licensee may charge
the owner or his insurance company for the services rendered.
k.
The licensee shall be willing to tow the vehicle within the State
of New Jersey, up to fifteen (15) miles from the point of pickup.
l.
In the event of any emergency when the licensee is unable to provide
sufficient equipment to render necessary services, the Borough of
Roselle Park reserves the right to call in additional service or request
equipment from any available source.
m.
The Borough Police Department will provide MVI to each licensee,
who will notify all owners and lien holders of abandonment towed at
the request of the Borough and apply for title through procedures
as outlined by New Jersey Motor Vehicle Commission. All vehicles towed
by order of the Police and stored by the licensee shall be not be
released by the licensee without written authorization from the Police
Department.
[1980 Code § 202-9; Ord. No. 2280 § I]
a.
Termination and Suspension. The Borough may suspend a licensee's
license for a period of thirty (30) days or terminate same after a
hearing for cause.[1] The Borough of Roselle Park shall suspend and/or terminate
a licensee's license under this section by giving the contractor notice
of termination in writing at least thirty (30) days prior to the effective
date of termination. Breaches include but are not limited to:
1.
Licensee being adjudicated bankrupt or making an assignment for the
benefit of creditors.
2.
A receiver being appointed for the licensee or for any of his property,
who is not dismissed within twenty (20) days after such appointment,
or the proceedings or connection therewith having been stayed or appealed
within twenty (20) days.
3.
Licensee refusing or failing, after notice or warning from the Borough
of Roselle Park, to furnish the required equipment and/or property
to perform the services contemplated under this contract.
4.
Contractor performing the work unsuitably or in violation of the
rates set forth by the term of this contract, the determination of
which should be at the sole discretion of the Borough of Roselle Park.
5.
The continued utilization of inadequate or unsafe equipment within
ten (10) days after notification that the equipment is inadequate
or unsafe.
6.
Persistent and/or repeated violations of motor vehicle laws and regulations
concerning moving vehicles.
7.
Except when snow or ice conditions otherwise prohibit timely responses,
repeated late arrival at the scene of an accident or following request
for towing or road service.
8.
Fraud or willful and knowing misrepresentation or false statement
made in the submission of documents related to this proposal.
9.
Violations of any law or regulation of the State of New Jersey by
any officer, owner, or employee of the licensee.
10.
Failure of licensee to comply with any obligation during an emergency.
11.
Otherwise be in violation of any of the requirements of this section,
including but not limited to insurance requirements.
12.
Failure to maintain written, separately dated monthly vehicle impound
computerized records for unclaimed vehicles to be forwarded to the
Police Chief, indicating the make, year and registration of each vehicle;
date and time towed; date and time released; odometer reading, and
VIN. Failure to provide the Borough Police Traffic Bureau with a list
of all vehicles towed by order of the Police (impounded) that remain
unclaimed in storage every Friday by 12:00 noon. A violation of this
section shall be grounds for immediate suspension and possible revocation
of license.
[1]
Editor's Note: Hearing will be open to the public with the
date of the hearing advertised in a newspaper of general circulation
within the municipality and posted in the Borough Hall no less than
ten (10) days prior to the hearing.
b.
In the event of default, the Borough of Roselle Park reserves all
rights inclusive of, but not limited to, the right to purchase materials,
and/or services and/or complete the required work and to recover any
actual excess costs from the vendor or contractor.
[1980 Code § 202-10; Ord. No. 2280 § I]
No controlling interest in a license issued hereunder shall
be assigned, transferred, or sold unless under specific approval of
the Mayor and Council. The cessation of activity under the license
shall render the license null and void. In no event shall any such
license be posed as collateral. At the time of the application for
the license, the towing operator shall list on the application forms
the statement of ownership. Any controlling interest, transfer of
ownership in a licensee's business, be it actual transfer or stock
transfer, without approval of the Borough of Roselle Park, shall render
the license void.
[1980 Code § 202-11; Ord. No. 2280 § I]
a.
Pursuant to N.J.S.A. 40:48-2.49, as amended, all licensees shall
provide a statement that regulations and fee schedules are available
to the general public during normal business hours of the Borough.
b.
Pursuant to this section, a licensee shall post in a conspicuous
manner, in the motorist waiting area, a copy of the Roselle Park contract
municipal rates as outlined in the Municipal Request for Proposal
for Towing and Related Services.
[1980 Code § 202-12; Ord. No. 2280 § I]
a.
Cars and campers with a registered maximum gross weight up to six
thousand nine hundred ninety-nine (6,999) pounds shall be considered
"cars and other Class I vehicles" under this section.
b.
Trucks and buses (two (2) axle) and cars and campers with a registered
maximum gross weight from seven thousand (7,000) pounds to fourteen
thousand nine hundred ninety-nine (14,999) pounds shall be considered
Class II vehicles under this section.
c.
Trucks with or without trailers and buses (three (3) axle or more)
or other vehicles with a registered maximum gross weight in excess
of fourteen thousand nine hundred ninety-nine (14,999) pounds shall
be considered Class III vehicles within the meaning of this section.
[1980 Code § 202-13; Ord. No. 2280 § I]
No vehicles are to be towed into the municipal lot unless specifically
ordered by the Police Department.
[1980 Code § 116-1]
It shall be unlawful in the Borough to sell or dispense food
or beverages from a mechanical vending device; provided, however,
that the sale or dispensing of either food or beverages from a mechanical
vending device located in stores, factories, schools, offices, clubs,
lodges, community centers, recreational buildings, charitable institutions,
personal service establishments and within buildings of public assembly
shall be permitted.
[1980 Code § 116-2]
It shall be unlawful to erect, operate or maintain within the Borough any mechanical vending device for the sale of food or beverages in any location other than those set forth in subsection 4-20.1 above.
