The general power to license and to prescribe license
fees is contained in R.S. 40:52-1.2. Licensing is also a part of the
general police power granted by R.S. 40:69A-29, 30. The statute that
provides for the licensing of dogs is R.S. 4:19-15.1 et seq.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance No. 395, 404, 421, 582, 770, 786, 807, 1013, 1043, 1223,
1226 and 1491.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
a.
BUSINESS - The term "business" shall include all kinds of vocations,
supply services, occupations and professions, enterprises, stores,
establishments and all other kinds of activities and matters relating
thereto, other than businesses licensed by the State of New Jersey,
together with all devices, machines, vehicles and appurtenances used
therein and any of which are conducted for private gain or benefit,
either directly or indirectly, on any premises of the Township of
Ocean or anywhere else within its jurisdiction.
b.
PEDDLER - The term "peddler" shall mean any person commonly referred
to as a peddler or hawker, who goes from place to place by traveling
on the streets or from house to house, and carries with him goods,
wares and merchandise for the purpose of selling and delivering them
to a consumer or consumers.
c.
TRANSIENT MERCHANT - The term "transient merchant" shall mean any
person commonly referred to either as a transient merchant or itinerant
vendor, who engages temporarily in business in this Township on any
street, or by occupying a room, building, lot or other premises for
the purpose of selling goods, wares and merchandise. The term "transient
merchant" shall also mean any person who conducts any traveling or
street show, carnival or circus, and who in connection therewith,
sells or displays for sale any goods, wares and merchandise.
d.
TRANSIENT MERCHANT PEDDLER - The term "transient merchant peddler"
shall mean any person who engages in business in the manner defined
by the preceding subsection and who, in pursuance thereof, becomes
a peddler or hawker or hires a peddler or hawker, as hereinabove described.
e.
CANVASSER OR SOLICITOR - The term "canvasser" or "solicitor" shall
mean any person who goes from place to place, house to house, or person
to person, selling or taking orders or offering to sell or take orders
for goods, wares, merchandise, real estate or any article, for future
delivery, or for services to be performed in the future or for the
making, manufacture or repair of any article or thing whatsoever,
for future delivery or for the solicitation of money except as otherwise
set forth herein.
[Ord. No. 2016-2258]
f.
JUKEBOX - The term "jukebox" shall mean any apparatus for the automatic
delivery or dissemination of sound and music upon the insertion of
a coin in a slot or other opening.
g.
VENDING MACHINE - The term "vending machine" shall mean any apparatus
for the automatic delivery of an article or service, or sound, upon
the insertion of a coin in a slot or other opening.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
a.
Peddlers, Transient Merchants, Transient Merchant Peddlers, Canvassers
and Solicitors. No peddler, transient merchant, transient merchant
peddler, canvasser or solicitor shall sell or dispose of, or offer
to sell or dispose of, or solicit for, any wares, goods, merchandise
or services within the Township of Ocean, without first having obtained
a permit therefor in accordance with the provisions of this section
and without having paid the permit fee as hereinafter prescribed.
[Ord. No. 2016-2258]
b.
Jukeboxes, Music Vending Machines and Merchandise Vending Machines.
No person shall install, maintain, operate or possess, in any store
or building where business of any character is conducted, or other
place where the public is invited or where the public may enter, or
in any building or place wherein any group or organization meetings
are held, within the Township of Ocean, any machine or machines of
the type commonly known as jukeboxes, other types of music vending
machines or merchandise vending machines of all types or kinds, without
first having obtained a license therefor in accordance with the provisions
of this section and without having paid the license fee as hereinafter
prescribed.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
The requirements of this section shall not apply to the following
persons:
a.
Any person selling fruits, vegetables or farm products grown by himself/herself,
with or without the help of others.
b.
Any honorably discharged veteran of the armed services of the United
States, as defined in, and who has procured a license under, the provisions
of N.J.S.A. 45:24-9 et seq.
c.
Any person who conducts a judicial sale under the authority of State
or Federal laws.
d.
Any exempt member of a volunteer fire department, volunteer fire
engine, hook and ladder, hose supply company, or salvage corps of
any municipality, or fire district in this State, who holds an exemption
certificate issued to him/her as an exempt member of any such department,
company of corps, who is a resident of the State of New Jersey and
who has procured a license in the manner and under the conditions
prescribed in N.J.S.A. 45:24-9, et seq.
e.
Any person soliciting for a lawful religious, charitable, educational
or political organization.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
Any person applying for a permit or license under this section shall file with the Township Police Department, Township License Officer, in accordance with the provisions which follow, an application for such permit or license, together with the appropriate fee prescribed in this subsection and Subsection 5-1.13, which fee shall be returned if such permit or license is rejected.
a.
Any person desiring a permit as a peddler, solicitor, transient merchant,
transient merchant peddler, canvasser or solicitor shall furnish the
following information on forms to be supplied by the Police Department.
1.
Name and physical description of applicant.
2.
Permanent home and local address of applicant.
3.
Name and address of employer or firm represented.
4.
Place or places of residence of the applicant for the preceding three
years.
5.
A description of the nature of merchandise to be sold or offered
for sale or the nature of the service to be furnished or literature
to be distributed.
6.
Date on which the applicant desires to commence such activity and
length of time for which the license is requested.
7.
Three business references.
8.
The number, if any, of convictions for misdemeanors, crimes or other
infractions of the law in the nature of a criminal offense, and the
nature of the offenses for which convicted.
9.
Such applicant shall also furnish to the Township Police Department
two recent photographs of himself, one of which shall be approximately
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
10.
The applicant shall additionally supply to the Township Police Department
a letter from the firm or organization for which he intends to solicit,
authorizing the applicant to act as its representative.
11.
Any person applying for a permit as a canvasser or solicitor shall pay an investigation fee in the amount of $50 to cover the investigation of the application by the Police Department of the Township pursuant to Subsection 5-1.5. Upon renewal of an existing permit by any person, the investigation fee shall be reduced below the $25 to encompass only the actual clerical and investigation cost for such renewal.
b.
For persons soliciting on behalf of religious and charitable organizations, in addition to such other information as may be required by the Township Police Department, the applicant, local chairman or other person in charge of the solicitation shall set forth upon his application the names and addresses of all persons authorized to solicit on behalf of such religious or charitable organization for the period of the permit, and shall attach to the application the form of identification card to be carried by each person engaged in such solicitation, with the following proviso. When the intended solicitation is to be made by school children under the age of 19 who reside in the Township of Ocean, and is for the purpose of raising funds for the assistance of local schools and churches, the permit shall be secured in the manner hereinabove provided, except that the identification cards may be signed by any member of the committee in charge of said solicitation for such local school or church; provided, however, that the chairman of said committee has filed his signature with, and as part of, the application for permit made by such chairman. As indicated in Subsection 5-1.3, no more than 20 cards shall be issued to any one group at any one time.
c.
Any person desiring a license for the use, possession, operation,
installation or maintenance of a jukebox, other type of music vending
machine, or any type or kind of vending machine other than a food
vending machine, shall furnish the following information on forms
to be supplied by the Township License Officer:
1.
Name of applicant.
2.
Home address of applicant.
3.
Exact location or locations where said jukebox or other type of vending
machine will be located.
4.
Type of vending machine for which the license is requested and a
description of the types of wares to be vended.
5.
Exact location of the store or other public place where the machine
will be placed and the name of the store in which said vending machine
will be located.
6.
Zone in which the machine will be operated.
7.
Such other information as may be required by the Township Council.
[Ord. 1590, § 1; Ord. 1602, § 1; Ord.
1664, § 1; Ord. 2176; Ord. No. 2016-2258]
Following the filing of any application for a permit to peddle,
solicit or canvass under the provisions of this section, the Chief
of Police of the Township shall conduct an investigation to ascertain
the truth of the statements made by the applicant upon his application
and any such other investigation of the applicant's business and background
as he deems necessary for the protection of the public good. Except
where a person has applied under this chapter to solicit for or on
behalf of a religious, educational or political nonprofit organization,
the Chief is authorized to submit applicant fingerprint cards and
receive State criminal history record information from the Division
of State Police/State Bureau of Identification for use in considering
the suitability of all applicants covered under this section. Each
applicant shall be responsible to pay any State and/or Federal user
fees related to the processing of a criminal history check. If, as
a result of such investigation, the applicant's background or business
responsibility is found to be unsatisfactory according to the guidelines
as set forth below, the Chief of Police shall endorse his disapproval
and the reasons thereof on the application and the permit shall not
be issued. No permit shall be issued to any individual who has been
convicted of a felony within the past five years which, in the discretion
of the Police Department, would indicate that the individual is a
threat to the health, safety and welfare of the community. The background
investigation by the Division of State Police is for a three-year
period.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
The above investigation by the Chief of Police shall be completed
within 20 days of the date of filing of the application and the permit
either issued or denied within that time period. Should said investigation
be delayed for any reason beyond the control of the Township, said
time permitted for investigation shall be automatically extended as
necessary.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
If, upon completion of such investigation, it appears that the
statements made by a potential canvasser, peddler or solicitor upon
the application are true and that the applicant has not been disqualified
as a result of a conviction for one of the above offenses, the Chief
of Police shall endorse his approval, and the permit will be issued
by the appropriate Township department. The permit shall show the
name, address and photograph of the applicant, the kind of goods or
services to be sold or performed or distributed thereunder, the date
of issuance and the date on which such permit shall expire. Hours
of operation must be displayed in bold on front of badge.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
In the event that any application for canvassing or soliciting
is denied, for reasons of reported unethical business practices or
for a conviction of one of the above offenses within five years of
the date of the application, the Township shall carry the burden of
justifying its decision in court.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
It shall be unlawful for any person holding a permit under this
section to:
a.
Canvass, solicit or peddle as defined in this section earlier than
9:00 a.m. or later than 7:00 p.m., Monday through Saturday. No canvassing,
soliciting, or peddling shall be done on Sundays or established Federal
and State Holidays.
b.
Enter into or upon any house, building or other structure or any
land or property, without the prior consent of the owner or occupant
thereof where there is placed or posted on the premises in a conspicuous
position at or near the usual means of ingress, a sign or other form
of notice stating or indicating that the owner or occupant thereof
forbids or otherwise does not wish persons engaged in canvassing or
soliciting activities to enter upon the premises.
c.
Fail to immediately and peacefully depart from the premises when
requested to do so by the owner or occupant.
d.
Fail to give a written receipt to the purchaser, which receipt shall
be signed by the holder and shall set forth a brief description of
the articles ordered or purchased, the total purchase price thereof
and the amount of the payment, if any, received by the holder from
the purchaser.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
No permit or license issued under the provisions of this section
shall be used at any time by any person other than the one to whom
it was issued and for the premises and location stated in the permit
or license application, and shall not be transferable unless such
transfer is first approved by the Police Department or Building Inspector,
as the case may be.
a.
For peddlers, solicitors or transient merchants, or transient merchant
peddlers, the permit issued shall not authorize any person, except
the designated person named in said permit, to engage in such peddling,
soliciting and merchandising. A separate permit must be obtained for
every agent and employee. A separate permit, must be obtained by a
transient merchant or transient merchant peddler, for each branch
or separate place of business in which his business is conducted,
and each permit shall authorize the person to conduct business only
at the location which is indicated thereon.
b.
A separate license shall be required for each vending machine or
jukebox, if more than one is in or on a premises, and a separate fee
shall be required for each jukebox or vending machine.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2016-2258]
Every person holding a permit or license under the provisions
of this section shall display the same as follows:
a.
Any person holding a permit to peddle or solicit goods, wares, merchandise
and/or services, or as a transient merchant or transient merchant
peddler, and for door-to-door canvassing, shall be required to carry
said permit with him at all times, and in door-to-door canvassing
or soliciting, he must have the permit visibly displayed at all times.
[Ord. No. 2016-2258]
b.
A license for the use, possession, installation, operation and maintenance
of a jukebox, or other types of music vending machines, and all types
of vending machines, shall at all times be publicly posted and conspicuously
displayed in the immediate vicinity of the machines referred to therein.
The license shall disclose the name of the manufacturer, serial number
of the licensed jukebox or vending machine, name and post office address
of the licensee, the name and post office address of the actual owner
of the machine, the amount of the license fee, and in addition thereto,
any facts which may from time to time be required to be stated upon
said license, and shall briefly state that the machine has been licensed
by the Township of Ocean for operation in the specific location where
the machine is placed.
[Ord. 1590, § 1; Ord. 2176; Ord.
No. 2014-2216; Ord. No. 2016-2258]
b.
For the purposes of this section, any person shall be deemed engaged
in business and subject to the provisions of this section when he/she
performs or does one or more of the following acts:
c.
Registration as a business shall be made on forms to be supplied
by the Township License Officer, which forms shall contain the following
information:
1.
Name of applicant.
2.
Home address of applicant.
3.
Name under which said business will be operated.
4.
Address of said business premises.
5.
A description of the wares or services to be offered for sale by
said business.
6.
Zone in which the said business will be located, as outlined in the
zoning ordinance of the Township of Ocean.
[Ord. 1590, § 1; Ord. 2058, § I; Ord.
2141, § 1; Ord. No. 2014-2216]
a.
The fee to be paid annually, unless otherwise specified, for conducting
a business herein described shall be $60.
b.
Any person who is licensed by a higher authority to perform such
work as described on the application shall submit a copy of that license
along with the application and the annual fee shall be waived.
[Ord. No. 1590, § 1; Ord. No. 2014-2216]
a.
The license shall not permit the operation of any jukebox or music
vending machine to cause loud or disturbing noises to be emitted therefrom
and shall at all times control said sound so as not to cause disturbance
or nuisance to others in the vicinity of the machine, and said license
shall at all times place said machine so that the part of the machine
from which the sounds emanate shall not be within five feet of the
front entrance of the place of business in which said machine is located,
and shall not at any time place the said music machine so that the
sound is disturbing to the public in the streets, or to other persons
occupying buildings in the immediate vicinity.
b.
The Township License Officer, Health Officer or Chief of Police,
as the case may be, shall be the sole judge as to whether or not the
said machine is causing an annoyance to others, and upon its finding,
in the discretion of such officer, that the machine does disturb others
in the neighborhood, shall have the authority to revoke the license
and, in that event, shall rebate the licensee the proportionate share
of the license fee. Thereafter, such machine shall be removed from
the premises.
c.
The licensee of a jukebox or other vending machine may at any time
substitute one machine for a similar machine without additional license
fee; provided, however, that he/she shall first apply to the Township
License Officer or Health Officer, as the case may be, for permission
to make such substitution and supply all of the information herein
required for the original license application, and that the new machine
shall be described in the application and noted upon the original
license issued.
[Ord. 1590, § I; Ord. 2176; Ord.
No. 2014-2216; Ord. No. 2016-2258]
a.
A permit issued under this section to peddle, solicit or canvas shall expire 180 days after the date of its issuance. The holder may renew said license before the end of the 180-day term by following the same procedure set forth in Subsection 5-1.4, except that no additional fee nor additional photographs shall be required. The permit may be renewed in this matter for successive 180 day terms, except that all licenses shall expire on December 31 of each year regardless of when the license was issued. Subsequent to the second 180-day term, a new fee will be charged, which shall be in accordance with the provisions of Subsection 5-1.4a,11.
b.
A license issued under this section for business vending machines or jukeboxes shall expire on December 31 of the year in which issued. Said license may be renewed by following the same procedures set forth in Subsection 5-1.4. Renewal applications shall be filed by December 1 of each year.
c.
A license issued under this section for a business license shall
expire on December 31 of the year in which issued. Said license must
be renewed no later than 30 days after mailing of renewal application
or notice by the Township of Ocean or a late fee of $25 will be charged.
[Ord. No. 2016-2258]
a.
The Township Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing,
soliciting, peddling, itinerant vending and door-door sales enterprises
are not permitted on the premises (hereinafter referred to as the
"No Knock Registry"). Said list will be available at the Township
Clerk's office during normal business hours. The list shall be updated
monthly.
b.
Any owner and/or occupant who has requested enlistment on the No
Knock Registry pursuant to this section shall be able to procure at
no charge from the Clerk's office a sticker for display at his/her/its
premises indicating enlistment on the No Knock Registry. If the owner
and/or occupant is on the No Knock Registry, they shall be obligated
to post the sticker for display. It shall be the obligation of the
licensee to obtain a current, up to date registry.
c.
The Township Clerk shall distribute the current No Knock Registry
to a licensee at the time of issuance of a license to peddle, canvass,
solicit, itinerant vend or otherwise door-to-door sell, pursuant to
the provisions of this section. The licensee shall not peddle, canvass,
itinerant vend or conduct door-to-door sales at any premises identified
on the then current No Knock Registry.
d.
Although the most current list of registrants on the No Knock Registry
shall be provided by the Township Clerk, it is the responsibility
of the canvasser, itinerant vendor, or solicitor to have the most
up to date list prior to performing their business.
[Ord. 1590, § 1; Ord. 1971, § I; Ord.
2176; Ord. No. 2014-2216; Ord. No. 2014-2217; Ord.
No. 2016-2258]
Any person violating any of the terms and provisions of this
section shall, on conviction thereof by the Municipal Judge of this
Township, be subject to a fine not exceeding $1,250 or by imprisonment
for any term not exceeding 90 days, or by both such fine and imprisonment,
at the discretion of the judge. Additional penalties may include a
revocation of said permit(s) for a period at the discretion of the
judge.
[Ord. 302, § 1, § 2; Ord. 527, § 5(a).]
No person, except a house mover or other person licensed as
such by the Township of Ocean, shall remove or move from one lot to
another any building or part of a building, within the limits of the
Township of Ocean, nor move any building or structure into the Township
of Ocean from a point outside its limits, without first having obtained
a license therefor upon application to the Township Building Inspector;
provided, however, that this section shall not apply to moving a building
within the confines of a lot or contiguous lots when not necessary
to move the building over public property or private streets, or property
belonging to another person. Said allocation shall be accompanied
by plans of the building or structure proposed to be moved and a lot
plan showing the proposed new location of such building or structure,
together with correct location and character of all other buildings
on the lot in question. The Township Police Department shall approve
the intended route for transporting the building before issuance of
the license.
The applicant for a license to move or remove any building or
part of a building, pursuant to the provisions of this section shall
pay to the Building Inspector a fee of $50 for each day or fraction
thereof it is intended that the building shall occupy any such portion
of any public place. An additional payment shall be made of $50 for
each day or fraction thereof over and above the time stated on the
license during, or on which, any building shall occupy such public
place. The above shall apply only to buildings which shall be moved
from within the Township. On any building being moved from outside
the Township, the initial fee shall be $100, and $50 for each day,
or fraction of a day thereafter.
a.
Lights and Warnings. Whenever a street or alley is blocked by a house
or structure which is being moved, warning to that effect shall be
placed by the Police Department so as to warn vehicles and persons
against entering that portion of the street so blocked. The person
moving any building through the streets shall keep warning signs and
lanterns or lights on buildings at night so as to guard against any
person or vehicle colliding with it.
b.
Wires. Whenever it shall be necessary to interfere with wires or
cables of a public utility in moving a building or structure, the
terms of any statute or ordinance governing the same shall apply and
the bond therein specified shall be given. If no such terms shall
apply, then the Township Council shall estimate the expense of fixing
the wires and the amount of the bond to cover such expense.
c.
Notice to Fire Marshal. When any such building approaches any fire
alarm, wire or pole which shall be endangered by the removal of such
building or structure, it shall be the duty of the movers to notify
the fire marshal at least six hours before reaching such fire alarm,
wire or pole, so that it may be removed or cared for by the Township
authorities.
The applicant for a license for house moving, as herein provided,
shall also file with the Township Building Inspector a bond running
to the Township of Ocean in such sum as shall be determined by the
Township Building Inspector, and with sufficient sureties which shall
be approved. The bond shall be conditioned that the applicant, if
the license is granted to him, will, in carrying out and performing
the licensed house moving, conform to all requirements relating thereto
which may be established by the Township Building Inspector; and further,
that the applicant will promptly fill all basements or other spaces
left open as a result of said moving, will leave the premises vacated
in a safe and sanitary condition, and will repair and make good, to
the satisfaction of the Township Building Inspector, any and all damage
to any pavement, sidewalk, crosswalk, hydrant, street, alley or other
property, done or caused by the applicant, his servants, employees
or agents in moving any building or in connection with the moving
of any building; and, also, that the applicant will immediately indemnify
and save harmless the Township of Ocean against any and all liability
for damage, costs or expenses arising, or which may arise, in favor
of any person by reason of any negligence on his part or on the part
of applicant's servants, employees or agents in connection with the
moving of any building or the use of any public street or ground for
that purpose.
Said bond shall also be conditioned, in an appropriate case,
upon the completion of any construction or alteration required by
the Township Building Inspector, of any building and specifications
approved therefor.
The conditions of said bond shall also include the issuance
of a proper certificate of occupancy in those cases where plans and
specifications have been submitted and approved by the Township Building
Inspector.
Before a license is issued hereunder, the owner of the property
covered by said license shall present to the Township Council for
inspection sufficient evidence that all taxes against the same are
paid in full.
Nothing in any license issued hereunder shall be construed as
authorizing the holder thereof to break, injure, or move, any telephone,
telegraph or electric light poles, or electric lines or wires, or
in any way injure trees or other property, without permission from
the owner thereof. No building or any part of a building shall be
allowed to stand in any public street or any public ground in the
Township of Ocean without receiving consent therefor from the Chief
of Police of the Township.
a.
Bulk
Storage Containers - Public Property. No bulk storage container, storage
container, storage device, "pod", or similar container shall be placed
or maintained by any private party in or on any Township property,
street, or right-of-way.
b.
Bulk
Storage Containers - Private Property.
1.
No bulk storage container, storage container, storage device, "pod",
or similar container shall be placed or maintained on any private
property unless it complies with one or more of the following provisions:
(a)
Such container may be placed or maintained on a driveway or other
suitably paved area for purposes of packing or unpacking goods and
materials of the owner or occupant of the property in preparation
for or subsequent to moving into or out of the property for a period
of not more than 21 consecutive days.
(b)
Such container may be placed or maintained on a driveway or other
suitably paved area for purposes of storing the goods and materials
of the owner or occupant of the property when necessary during renovation
or rehabilitation of the structure located on the premises in which
the goods or materials would otherwise be located during the period
of renovation or rehabilitation and up to 10 days prior to commencement
and 10 days subsequent to completion of the work, but in no event
more than a total of three months.
2.
No more than one bulk storage container, storage container, storage
device, "pod", or similar container shall be placed or maintained
on any private property at the same time.
c.
Trash
Dumpsters and Roll-Off Containers. No trash dumpster, roll-off container,
or similar container for trash or debris of any type may be placed
or maintained on any private property in or on any Township street
or right-of-way unless it complies with the following provisions:
1.
Any container to be placed on a street or right-of-way shall be placed
on the street in a legal parking space as approved or designed by
the Township and shall be equipped with appropriate reflectors or
other safety markings so that the container will not constitute a
hazard to traffic. The specific number, location, and nature of the
markings shall be determined by the Township Police in the exercise
of their discretion.
2.
Any container placed on a private property shall be placed on a driveway or other suitably paved area. If in the opinion of the Township Police, the location is sufficiently near to a public vehicular or pedestrian path, suitable safety markings as set forth in subsection 1 above may be required.
d.
License
Required. Prior to the placement of any bulk storage container, storage
container, storage device, "pod", trash dumpster, roll-off container,
or similar container in any or on any Township street or right-of-way
or on any private property (not covered by a duly approved site plan)
the owner or user of such container shall apply for and receive a
license from the Township pursuant to the provisions and standards
set forth herein.
1.
Application for the license shall be made to the zoning officer,
or such other individual as the Township Manager may from time to
time designate, on a form provided by the Township. The application
shall require, among other things, the full name, address, and other
contact information for both the owner of the container and the owner
of the property with which the use of the container is associated.
A copy of the property survey or some other type drawing will be attached,
showing the location of the dumpster or other type container. The
fee for the license shall be $35.
2.
Any license issued for placement of a container on a street, right-of-way,
or other public property shall be valid for a period of seven days
and a sticker or notice shall be prominently displayed on the street-side
of the container indicating the commencement and expiration date of
the license. Any safety marking required by the Township Police shall
also be noted on the sticker.
3.
Any license issued for a placement of a trash dumpster or roll-off
container on private property shall be valid for a period of 30 days
and a sticker or notice shall be prominently displayed on the street-side
of the container indicating the commencement and expiration date of
the license. Any safety markings required by the Township Police shall
also be noted on the sticker.
4.
Upon a showing of continued need for any container, the zoning officer
may renew the license for up to the amount of time of the original
license period. Appeals of the denial of an extension by the zoning
officer shall be filed with the Township Manager. Additional renewals
beyond the one renewal to be granted by the zoning officer can only
be granted by the Township Council. In either case, the renewal fee
is $25.
[Ord. No. 1099 § 1; Ord. No. 1758 § 1]
Shall include any Township of Ocean Police Officer or personnel
of the division of health or any person designated by the governing
body and/or Township Manager as a dog warden or dog control officer.
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop. This definition is not intended to apply to breeding
dogs as a hobby even though an occasional sale may occur.
When applied to the proprietorship of a dog shall include
every person having a right of property in such dog and every person
who has such dog in his keeping.
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein dogs for sale are kept or displayed.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this act or otherwise.
Shall mean a dog not on a leash and under control of owner.
Shall mean any establishment where dogs are received, housed
and distributed without charge.
Shall mean and include any dog which at any time without
provocation, has bitten a human being, either while upon or off the
premises occupied by the person owning, keeping, harboring or having
the custody or possession of such attacking dog.
[Ord. No. 1099 § 2; Ord. No. 1758 § 1; Ord. No. 2015-2254; Ord. No. 2290]
Every person who shall own any dog within the limits of the
Township of Ocean shall obtain a license for each such dog from the
Tax Department. The Tax Department shall also issue a registration
number for each dog so licensed.
No more than three dogs of licensing age shall be kept, maintained
or harbored at any one time in any residential housing unit or on
its grounds or in any business establishment or on its grounds. This
restriction shall not apply to properly licensed kennels or A.K.C.
recognized breeders or pet shops, exhibitors, pounds, or shelters.
[Ord. 1099, § 3; Ord. 1187, § I; Ord.
1246; Ord. 1758, § I; Ord. 2081, § I; Ord. 2119,
§ I]
a.
License Fee. Each applicant for a license pursuant to the provisions
herein shall pay a fee of $13.80 per year. A license shall only be
issued to persons who provide proof of a valid rabies inoculation
pursuant to State law.
b.
Registration Fee. Each applicant shall also pay the sum of $1 per
year as a registration fee for each dog. The division of health shall
provide a book for the purpose of registering the name and address
of the owner of the dog sought to be licensed, the name, breed, sex
and markings of each dog registered; its number shall be entered therein
and numbers for each application for registration shall be in the
order in which the application is made.
c.
Each applicant shall pay an additional $0.20 surcharge which is part
of the "Pilot Clinic Fund."
Each applicant shall pay an additional $3 surcharge for nonspayed
and non-neutered dogs which is to go to the "Animal Population Control
Fund."
The total fee for neutered and spayed dogs shall be as follows:
|
License fee
|
$13.80
|
|
Registration fee
|
$1
|
|
Surcharge which is part of the "Pilot Clinic Fund"
|
.20
|
|
_____
| |
|
Total
|
$15
|
|
The total fee for dogs that are not neutered or spayed shall
be as follows:
|
|
License fee
|
$13.80
|
|
Registration fee
|
$1
|
|
Surcharge which is part of the "Pilot Clinic Fund"
|
.20
|
|
Surcharge for nonspayed and non-neutered dogs
|
$3
|
|
_____
| |
|
Total
|
$18
|
d.
Tag Provisions. The registration number issued by the division of
health for each licensed dog shall be on a metal tag, which tag shall
be securely attached to a strap or collar worn around the neck or
body of each licensed dog. Each tag shall have marked on it the words
"Dog Tag, Township of Ocean, New Jersey" and the year or years for
which the tag was issued. A substitute registration tag may be issued
upon proof of loss by the owner of the registered dog and the cost
of same shall also be $1.
[Ord. No. 1099 § 4; Ord. No. 2015-2254; Ord.
No. 2290]
Any owner of a dog in the Township of Ocean who shall neglect
or refuse to obtain a license in the manner herein provided, on or
before January 31st of each year, shall be guilty of a violation of
this subsection; provided, however, that any dog owner bringing such
dog into the Township in any year, who shall obtain a proper license
within 10 days thereafter, shall be deemed to have complied with this
subsection.
[Ord. 1099, § 5; Ord. 1643, §§ 1
- 3; Ord. No. 2014-2217]
a.
Running-at-Large. No person owning, keeping, or harboring any dog
shall suffer or permit it to run-at-large upon the public streets
or any public park or any public building or any other public place
within the Township unaccompanied by its owner or his or her representative
or upon private property of third persons without the consent of the
third persons. Any dog found running at large shall be deemed to be
doing so with the permission of the owner, keeper or harborer and
such person shall be guilty of a violation of this subsection.
b.
Female Dogs. No owner of a female dog shall suffer or permit her
to be in or upon any street, highway or alley or other public place
in the Township of Ocean or to trespass upon the property of other
persons in the Township at any time or times while such female dog
may be in heat.
c.
Nuisance Restrictions. No dog owner shall suffer or permit his or
her dog to annoy neighbors and other persons living within the immediate
vicinity in the Township of Ocean by interfering with enjoyment of
their property, interfering with their sleep or rest otherwise annoying
them in the enjoyment of their property in a substantial manner, by
barking and howling nor permit his or her dog to trespass upon the
property of any other persons in the Township nor suffer or permit
this dog to damage shrubbery, flowers, gardens or to soil or defile
any other property of any kind or character belonging to the Township,
any neighbor or other person in the Township.
d.
Complaints. In any proceeding before the Township municipal court
judge upon a complaint duly made and filed in the municipal court,
if the court shall then find the dog in question has committed the
prohibited act as set forth herein, then there shall be a presumption
that the defendant owner, possessor or harborer has suffered or permitted
the dog to commit the prohibited acts alleged in the complaint and
it shall not be necessary that the complainant prove the defendant's
knowledge, intention or scienter; provided, however, that in such
case, it shall appear in such proceeding that the complainant had
on at least one other previous occasion, lodged a complaint with the
Township Police Department charging the same defendant with the same
offense and that the defendant had notice of such previous complaints.
e.
1.
No person owning, harboring, keeping or in charge of any dog shall
cause, suffer or allow such dog to soil, defile, defecate on or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park or any place where people congregate or walk, or upon
any public property whatsoever, or upon any private property without
the permission of the owner of said property, except under the following
conditions:
(a)
The person who owns, harbors, keeps or is in charge of such
dog shall immediately remove all feces deposited by such dog by any
sanitary method approved by the local health authority.
(b)
The feces removed from the aforementioned designated area shall
be disposed of by the person owning, harboring, keeping or in charge
of any dog curbed in accordance with the provisions of this subsection,
in a sanitary manner approved by the local health authority.
2.
Any person who violates or fails or refuses to comply with the provisions
of this subsection shall, upon conviction, be liable for a fine not
to exceed $2,000 or imprisonment for a term not exceeding 90 days,
or both, for each offense.
3.
The provisions of this subsection shall be covered by the local police
department, the animal control service and the municipal Health Department.
Any dog not licensed or registered pursuant to the provisions of this subsection or in violation of the regulations set forth in Subsection 5-5.5 a or b herein shall be subject to seizure by the animal control officer. Any dog not redeemed as hereinafter provided within seven days after its seizure may be disposed of by any approved humane method and any dog who shall not have securely fixed or fastened to its neck, a registration tag as herein provided shall be deemed unlicensed and subject to seizure. All dogs seized under these provisions shall be impounded in the place designated by the Township Council or Township Manager as the dog pound and shall be kept there until disposed of in accordance with the provisions of this subsection. If any dog so seized wears a collar or harness providing the name and address of the owner or person keeping or harboring the dog, a notice in writing shall be provided to the owner or person stating that the dog has been seized and that it may be disposed of pursuant to this subsection.
Any dog seized under the provisions of this subsection may be
redeemed by the owner of the dog upon payment of the sum of any and
all licensing and registration fees that may be required together
with the sum of $1 per day for maintenance for each day that the dog
is kept in the pound and any other required or permitted fees as may
be set forth in the contract between the Township and dog pound; provided,
however, that such redemption must be made within seven days of the
impounding or seizure of any dog as provided in this subsection.
No person shall hinder, molest or interfere with anyone authorized
to perform any duties under this section.
a.
It shall be the duty of the animal control officer to receive and
investigate complaints against dogs, and when any dog complained against
shall be deemed to be a vicious dog, as herein defined, the officer
shall serve and file a complaint in the municipal court of the Township.
Pending the disposition of the complaints, the animal control officer
or such other authorized person may order the dog muzzled and leashed
while being walked, and at all times confined. This subsection shall
not preclude any citizen from bringing a complaint to have a dog declared
a vicious dog.
b.
The municipal court judge, at the time set for such hearing, shall
inquire into the facts and give all interested persons an opportunity
to be heard, under oath, and to be represented by counsel, and if
the municipal court judge shall decide that such dog complained of
is a vicious dog, as defined by this section, the owner or person
harboring such dog shall be guilty of a violation of this section.
Notice of such decision shall be given to such owner or person harboring
such dog.
c.
No dog which has been so determined to be a vicious dog shall be
permitted to run at large, or be upon any street or public place in
the Township, except while securely muzzled and under leash, and the
owner or person harboring any such vicious dog who shall suffer or
permit such dog to be upon any street, public place or private property
in the Township, other than the property of the owner or private property
of the owner or person harboring such dog, while not securely muzzled
and under leash, shall be guilty of a violation of this section.
d.
It is further provided that if upon the evidence presented and after
an examination by a licensed veterinarian, at the expense of the owner,
the municipal court, judge or other judge authorized by law, shall
deem it necessary for the safety of the public, he may order the dog
to be confined at all times upon the property of the owner in such
a manner as will protect all persons who may be upon any public street,
public place or private property in the Township, other than the property
of the owner. If the municipal court judge shall further determine
upon specific findings of fact based upon the evidence presented that
the safety of the public is not adequately protected by such confinement,
he may order the dog destroyed in a humane manner by or at the expense
of the owner. If the owner or person harboring the vicious dog shall
fail to comply with the order to confine or destroy the vicious dog,
he shall be guilty of a violation of this section.
[Ord. No. 1099, § 10; Ord. No. 2014-2217]
Any person who shall violate Subsection 5-5.3 or 5-5.4 of this section or any provisions set forth in N.J.S.A. 4:19-15.19 shall be liable to a penalty of not less than $5 nor more than $50 for each offense. For a violation of any other subsection of this section and not governed by the aforesaid Statute, the minimum penalty shall be the fine of $25 and the maximum penalty shall be a fine of $500.
[Ord. 1099, § 11.]
All other ordinances or parts thereof enacted prior to the adoption
of this section which are inconsistent with this section, are hereby
repealed to the extent of such inconsistencies.
[Ord. No. 2016-2285]
a.
ANIMAL CARE FACILITY
ANIMAL RESCUE ORGANIZATION
CAT
DOG
OFFER FOR SALE
PET SHOP
Definitions.
Shall mean an animal control center or animal shelter, maintained
by or under contract with any state, county, or municipality, whose
mission and practice is, in whole, or significant part, the rescue
and placement of animals in permanent homes or rescue organizations.
Shall mean any not-for-profit organization which has tax-exempt
status under Section 501c3 of the United States Internal Revenue Code,
whose mission and practice is, in whole or in significant part, the
rescue and placement of animals in permanent homes.
Shall mean a member of the species of domestic cat, Felis
catus.
Shall mean a member of the species of domestic dog, Canis
familiaris.
Shall mean to sell, offer for sale or adoption, advertise
for the sale of, barter, auction, give away or otherwise dispose of
a dog or cat.
Shall mean a retail establishment where dogs and cats are
sold, exchanged, bartered or offered for sale as pet animals to the
general public at retail. Such definition shall not include an animal
care facility or animal rescue organization, as defined.
b.
Restrictions on the sale of animals.
All annual licenses required by this chapter shall be issued
for the calendar year.
Licenses issued under the rules and regulations of the Alcoholic
Beverage Control are exempted from the provisions of this chapter.
Any license or permit issued under the provisions of this chapter
may be revoked by the officer issuing such license after notice and
hearing for any of the following causes:
a.
Fraud, misrepresentation or false statement contained in any application
for permit or license.
b.
Fraud, misrepresentation or false statement in the conduct of any
business or activity authorized by such license.
c.
Any violation of this chapter.
d.
Conviction of the licensee for any felony or a misdemeanor involving
moral turpitude.
e.
Conducting any business or activity licensed under this chapter,
through the licensee himself or any of his agents, servants or employees,
in any unlawful manner, or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
Notice of a hearing for revocation of a license or permit issued
under the provisions of this chapter shall be given in writing by
the Township License Inspector, setting forth specifically the grounds
of complaint and the time and place of the hearing. Such notice shall
be mailed to the licensee, by certified mail to his last known address,
at least five days prior to the date set for the hearing.
Any person aggrieved by the denial of any application for permit or license, or a revocation of same, or the refusal to renew the same, may appeal to the Township Council by filing with the Township Clerk, within 14 days after the applicant or licensee has been notified of such action, a written statement setting forth the grounds of the appeal. The Township Council shall set a time and place for a hearing on such appeal and notice shall be given to the appellant in the manner provided in Subsection 5-7.2 above. The decision and order of the Township Council on such appeal shall be final and conclusive.
[Ord. 399]
The license inspector shall inspect mercantile, transient merchant,
vendor, peddler, solicitor and all other licenses in the Township
of Ocean.
The word "bicycle" shall mean and include a vehicle with two
wheels, neither of which shall be less than 15 inches in diameter,
one in front of the other, having a saddle-like seat for the rider,
steered by a handlebar and driven by pedals.
It shall be unlawful for any person residing within the Township
to ride or operate a bicycle on any street, sidewalk or other public
place in the Township without first having registered such bicycle
and secured a registration decal therefor. Application for a registration
decal shall be made to the Police Department on a registration form
which shall include the name and address of the owner of the bicycle,
the name of the manufacturer, the serial number, the approximate date
when the owner obtained title and if not new when obtained, the name
and address of the person from whom it was obtained.
The registration decal shall be fastened to the frame of the
bicycle in a place to be determined by the Police Department of the
Township. No person shall unlawfully or maliciously remove, destroy
or mutilate or alter the registration decal during the period for
which such decal shall be operative. The substitution of registration
decals, not in conformity with this section, shall be hereby prohibited.
A registration decal shall be valid for a period of five years.
Before a registration decal for a bicycle shall be issued, the
bicycle shall be inspected by the Police Department to insure that
the bicycle complies with all state statutes and federal regulations.
Subsequent to inspection, it shall be the duty of the owner to keep
the bicycle in good repair and in conformance with the state statutes.
Every person riding or operating a bicycle subject to the provisions
of this section shall comply with all of the provisions of R.S. 39:4,
as amended, together with applicable ordinances of the Township and
all rules and regulations promulgated herein, specifically, but not
limited to the following:
a.
Every bicycle, when in use at nighttime, shall be equipped with a
lamp on the front which shall emit a white light visible from a distance
of at least 500 feet to the front and with a lamp on the rear which
shall emit a red light visible from a distance of at least 500 feet
to the rear. In addition to the red light, a red reflector may be
mounted on the rear, of a type approved by the Division of Motor Vehicles,
which shall be visible from all distances from 50 feet to 300 feet
to the rear when directly in front of lawful upper beams of headlamps
on a motor vehicle.
b.
No person shall operate a bicycle unless it is equipped with a bell
or other device capable of giving a signal audible for a distance
of at least 100 feet, except that a bicycle shall not be equipped
with nor shall any person use upon a bicycle any siren or whistle.
c.
Every bicycle shall be equipped with a brake which shall enable the
operator to make the brake wheels skid on dry, level, plain pavement.
d.
A person propelling or riding on a bicycle shall not ride other than
upon or astride a permanent and regular seat attached thereto, nor
shall be ride with his feet removed from the pedals, or with both
hands removed from the handlebars, nor shall be practice any trick
or fancy riding in a street. No bicycle shall be used to carry more
persons at one time than the number for which it is designed and equipped.
e.
No person riding upon any bicycle shall attach his bicycle or himself
to any vehicle upon a roadway, and no operator of any vehicle shall
knowingly allow any person riding upon any bicycle to attach the bicycle
or himself to the vehicle.
f.
Every person riding a bicycle upon a roadway shall be granted all
of the rights and shall be subject to all of the duties applicable
to the driver of a vehicle by the provisions of R.S. 39:4 and all
supplements thereto except as to those provisions thereof, which by
their nature can have no application. Regulations applicable to bicycles
shall apply whenever a bicycle shall be operated upon any highway
or upon any path set aside for the exclusive use of bicycles subject
to those exceptions stated herein.
g.
Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practical, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
Persons riding bicycles upon a roadway shall ride in single file except
on paths or parts of roadways set aside for the exclusive use of bicycles.
Whenever a usable path for bicycles shall have been provided, adjacent
to a roadway, bicycle riders shall use such paths and shall not use
the roadway.
h.
Every person riding or operating a bicycle shall be required immediately
before entering a street or sidewalk from any alley or driveway, to
come to a complete stop, for the purpose of making an observation
in order to insure that the street or sidewalk shall be clear of pedestrians
or vehicles.
i.
Such other rules as may be promulgated from time to time by the Township
Council.
It shall be the duty of every owner of a registered bicycle
who sells or transfers ownership of a bicycle to report the sale within
72 hours to the Police Department and to furnish the Police Department
with the name and address of the person to whom the bicycle was sold
or transferred.
[Ord. 843, § 6; Ord. No. 2014-2217]
Any person under the age of 18 who violates any of the provisions
of this section shall, for the first offense, be warned in writing
by the Township Police Department with a copy addressed to the parents
of the offender, stating the nature of the violation, and a warning
that a repetition of the violation or any other violation shall be
prevented or the bicycle may be impounded for a period of time, of
not less than seven days nor more than 30 days. On the second offense,
the offender shall be summoned to appear at Police Headquarters with
the bicycle accompanied by a parent or guardian, and after a hearing
on the violation, if, in the discretion of the Chief of Police or
the Traffic, Safety and Education Bureau of the Police Department,
it shall be decided to punish the offender for the violation, the
offender's bicycle and registration may be impounded for a period
of not less than seven days nor more than 30 days at the discretion
of the Chief of Police or the Traffic, Safety and Education Bureau
of the Township with the approval, if possible, of the parent or guardian,
but the decision of the Chief of Police or Traffic, Safety And Education
Bureau shall prevail and the bicycle impounded.
Any person 18 years of age or older may be charged in the Municipal
Court for a violation of the provisions of this section and shall
be subject to a fine not to exceed $2,000 or imprisonment for a term
not to exceed 15 days.
Any person acquiring a bicycle shall register the bicycle 30
days thereafter.
a.
GARAGE SALES - Shall mean and include all sales entitled "garage
sale", "lawn sale", "attic sale", "rummage sale" or "flea market sale"
or any similar casual sale of tangible personal property which is
advertised by any means whereby the public at large is or can be made
aware of the sale.
b.
PERSON - Shall mean and include individuals, and/or household entity,
partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale
in the Township without first filing with the Building Inspector or
licensing officer of the Township the information herein specified
and obtaining a license so to do to be known as a "garage sale license".
No Fee shall be charged for the license.
Such licenses shall be issued to any one person only twice within
a twelve-month period and no such license shall be issued for more
than three consecutive calendar days. Charitable and religious and
civic organizations may be allowed more than two licenses with the
approval of the Township Council. Each license issued under this section
shall be prominently displayed on the premises upon which the garage
sale is conducted throughout the entire period of the garage sale.
The information to be filed with the Building Inspector or licensing
officer pursuant to this section shall be as follows:
a.
Name of person conducting sale.
b.
Name of the owner of the property on which the sale is to be conducted
and consent of owner if applicant is other than owner.
c.
Location at which sale is to be conducted.
d.
Number of days of sale.
e.
Date and nature of any past sale.
f.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known by him to be so.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m.
All signs displayed in connection with said garage sales are
to be removed within 48 hours after the completion of the sale.
All signs displayed in connection with said garage sales are
to be removed within 48 hours after the completion of the sale. A
sign shall be obtained from the Building Inspector or licensing officer
of the Township of Ocean at the time of application for permit, which
sign shall be displayed on the premises at all times during the sale
in plain view as evidence that a permit has been obtained.
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to any order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business within a commercial zone
within the Township provided that there is provision for off street
parking for at least 10 vehicles at the business establishment.
No display of items for sale at any garage sale shall be displayed
on the sidewalk or in that area between the residence of the applicant
and the sidewalk, but shall be displayed behind the building line
of the premises at which the garage sale is to be held.
This section shall be enforced by the Police, the Building Inspector,
and Licensing Officer of the Township who shall investigate any violations
of this section coming to their attention whether by complaint or
arising from their own personal knowledge and if a violation is found
to exist, the licensing officer shall prosecute a complaint before
the local municipal court pursuant to the provisions of this section.
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activities is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of the said sale or activity.
No such person shall permit any loud or boisterous conduct on the
premises nor permit vehicles to impede the passage of traffic on any
roads or streets in the area of such premises. All such persons shall
obey the reasonable order of any member of the Police or Fire Departments
of the Township in order to maintain the public health, safety and
welfare.
[Ord. 888, § 10; Ord. No. 2014-2217]
Any person conducting any such sale or similar activity without
being properly licensed therefore, or who shall violate any of the
other terms and regulations of this section shall, upon conviction,
be fined not less than $25 nor more than $2,000 or be imprisoned for
a period not to exceed 10 days for each violation. Each day that such
sale shall continue without being duly licensed shall be considered
a separate violation.
It shall be unlawful for any person to conduct a theater without
having first obtained a license therefor.
a.
All applications for licenses for a theater shall be in writing and
filed in triplicate with the licensing officer of the Township to
whom shall be paid the required fee.
b.
Such applications shall be signed and sworn to by each individual
applicant and if applicant is a corporation, by all principal officers
before an officer authorized by the Law of New Jersey to administer
an oath.
c.
The licensing officer shall transmit one copy of such application
to the Chief of the Police of the Township who shall cause an investigation
to be made of the applicant and report thereon to the Township Council.
No license shall be issued to any applicant who shall have been convicted
of a crime involving moral turpitude.
The applicant shall also present with his application a certificate
of approval from the board of fire commissioners or the designated
fire marshal of that district wherein the subject premises is located,
showing that the building complies with all laws of the State of New
Jersey and all local ordinances pertaining to fire and safety.
The annual license fee for each such license shall be the sum of $150 and each such fee shall be payable on or before January 1 in each year. No license shall be issued until the fee has been paid. In the event that the license may be revoked pursuant to Subsection 5-11.7, no part of the license fee shall be returned to the licensee. Each license shall expire on December 31 of each year and the license may be renewed from year to year upon the filing of an application for an original license. No license issued pursuant to this section shall be transferred by the holder thereof without the approval of the Township Council.
The licenses issued under the provisions of this section shall
not be deemed to permit the operation in or on the licensed premises
between the hours of 2:00 a.m. and 10:00 a.m. or before 1:00 p.m.
on Sundays.
The exits and exit doors of each theater shall open directly
from the exhibition hall onto a street, alley or public parking area
and they shall be operable at all times from the inside, when a theater
is open to the public. All aisles shall lead directly to exits. No
aisle or passageway shall be less than three feet in width and all
aisles and passageways in the theater shall be kept free from obstructions
and no person other than an employee of the licensed premises, a policeman
or fireman shall stand in or occupy any of the aisles or passageways
during any performance. There shall be at least one employee of the
licensee visible to the public during each performance to supervise,
keep order, prevent any disturbances and prevent panic in case of
emergency and to otherwise protect the patrons of the theater.
a.
All licenses shall operate theater premises according to local and
State regulations which may now or which may hereafter be promulgated.
b.
In the operation of the theater, the owner or operator shall provide
and enforce such rules and regulations as are necessary to keep order,
insure against unnecessary noise and all forms of disorderly conduct
and shall remove promptly from the premises persons who are disorderly.
Blowing of noise devices and running in the aisles are expressly prohibited.
c.
Sufficient fire equipment, as determined by the fire marshal of the
fire district in which the theater is located, shall be provided at
all times during performances at the theater as is necessary to control
and extinguish fires occurring on the theater premises.
d.
A coin operated public telephone and public drinking fountain shall
be provided in each and every theater and available for use by the
public in case of emergency.
Any State or Township officer, police officer or fireman may
enter any theater at any time for the purpose of inspection to enforce
obedience of the laws of the State of New Jersey and the ordinances
of the Township.
Every portion of a theater, including exits and corridors devoted
to the public use or the accommodation of the public, shall be adequately
lighted.
As used in this section, the following terms shall mean:
a.
PERSON - Shall include not only an individual but a firm, partnership,
corporation or trade name.
b.
SALE - Shall include goods, wares and merchandise, such as in a "bankruptcy
sale", "bankrupt stock sale", "insolvent sale", "assignee's sale",
"trustee sale", "going-out-of-business sale", "quitting business sale",
and "loss of lease sale" or any and all sales advertised in such manner
as to reasonably convey to the public that upon the disposal of the
stock of goods on hand the business will cease and be discontinued.
c.
PUBLISH, PUBLISHING, ADVERTISEMENT, ADVERTISING -Shall include any
and all means of conveying to the public notice of sale or notice
of intention to conduct a sale, whether by word of mouth, by newspaper
advertisement, by magazine advertisement, by handbill, by written
notice, by printed notice, by printed display, by billboard display,
by poster, by radio announcement, and by any and all means including
oral, written or printed.
It shall be unlawful for any person to publish or conduct any
sale of the type herein defined without a license therefor obtained
from the licensing officer of the Township of Ocean.
a.
Established business requisite. Any person who has not been the owner
of a business advertised or described in the application for a license
hereunder for a period of at least six months prior to the date of
the proposed sale, shall not be granted a license, provided that upon
the death of a person doing business in the Township, his or her heirs,
devisees, legatees or representatives shall have the right to apply
at any time for a license hereunder.
b.
Interval between sales. Any person who has held a sale, as regulated
hereunder, at the location stated in the application, within one year
past from the date of such application shall not be granted a license.
c.
Restricted location. Where a person applying for a license hereunder
operates more than one place of business, the license shall apply
only to the one store or branch specified in the application and no
other store or branch shall advertise or represent that it is cooperating
with it, or in any way participating in the licensed sale, nor shall
the store or branch conducting the licensed sale advertise or represent
that any other store or branch is cooperating with it or participating
in any way in the licensed sale.
d.
Persons exempted. The provisions of this section shall not apply
to or affect persons acting pursuant to an order or process of a court
of competent jurisdiction, persons acting in accordance with their
powers and duties as public officials, duly licensed auctioneers,
selling at auction; any publisher of a newspaper, magazine or other
publication who in good faith publishes any advertisement without
actual knowledge of its false, deceptive or misleading character,
or without actual knowledge that the provisions of this section have
not been complied with.
Written information required. A person desiring to conduct a
sale regulated by this section shall make a written application under
oath to the License Officer setting forth and containing the following
information:
1.
The true name and address of the owner of the goods to be sold.
2.
A description of the place where such sale is to be held.
3.
The nature of the occupancy whether by lease or sublease and effective
date of termination of such occupancy.
4.
The dates of the period of time in which the sale is to be conducted.
5.
A full and complete statement of the facts in regard to the sale,
including the reason for the urgent and expeditious disposal of goods
thereby and the manner in which the sale will be conducted.
6.
The means to be employed in advertising such sale together with the
proposed content of any advertisement.
7.
A complete and detailed inventory of the goods to be sold at such
sale as disclosed by applicant's records. Said inventory shall contain
a clear description of each item to be sold and the date each item
was purchased with invoice numbers for each item, the name of the
person from whom purchased, and if not purchased, the manner of such
acquisition. Said inventory shall be attached to and become a part
of the application required under this section. Said inventory shall
be signed by the person applying for said license, or by an authorized
agent, and by affidavit at the foot thereof. He or such agent shall
swear or affirm that the information therein given is full, complete
and true, and known by such affiant to be full, complete and true.
No goods other than that listed in the inventory herein provided for
shall be advertised or sold at any sale for which a license is hereby
required, and it shall be unlawful for any person to sell, offer,
or expose for sale, or advertise for such sale, or to list on such
inventory any goods which are not the regular stock on hand at the
store, the goods of which are to be closed out or disposed of through
such sale, or to supplement, or to make any replenishments or additions
from any manufacturing, jobber, wholesaler, warehouse, storage building
or from any other premises, or from any source whatsoever and during
the time thereof to advertise or represent the sale as being of the
character for which a license is hereby required. All goods included
in such inventory shall have been purchased by the applicant for resale
on bona fide orders without cancellation privileges and shall not
comprise goods purchased on consignment. Such inventory shall not
include goods ordered in contemplation of or for the purpose of conducting
any sale regulated hereunder. Any unusual purchase or additions to
the stock of goods of the applications made within 60 days before
the filing of an application hereunder shall be deemed to be of such
character.
8.
All applications for license shall be kept on file by the said License
Officer and a record shall be kept by him of all licenses issued upon
such applications.
Any applicant for a license hereunder shall submit to the License
Officer with the application for a license, a license fee of $25.
Any applicant for renewal of any license granted hereunder shall submit
to the License Officer with the application for renewal, a renewal
license fee of $15.
a.
License period and renewal procedure. The license shall authorize
the sale described in the application for a period of not more than
30 consecutive days, Sundays and holidays excepted, following the
issuance thereof. The License Officer shall renew a license for one
period of time only, such period to be in addition to the 30 days
permitted in the original license and not to exceed 30 consecutive
days, Sundays and holidays excepted, when the License Officer finds
that facts exist justifying the license renewal; that the licensee
has filed a written application for said renewal; that the licensee
has submitted with the application for renewal a revised inventory
showing the items listed on the original inventory remaining unsold
and not listing any goods not included in the original application
and inventory. For the purposes of this subsection, any application
for a license under the provisions of this section covering goods
previously inventoried as required hereunder, shall be deemed to be
an application for renewal, whether presented by the original applicant,
or by any other person.
b.
Nature of sale. The license shall authorize only one type of sale
described in the application at the location named therein.
c.
Saleable Goods. The license shall authorize only the sale of goods
described in the inventory attached to the application.
d.
Nontransferability. Any license herein provided for shall not be
assignable or transferable.
The Township License Officer or any person designated by him
may in his discretion, verify the details of any inventory filed,
for the purpose of determining the correctness of the same, before
issuing a "going-out-of-business sale license" or he may check and
verify the types of merchandise sold during the sale, and it shall
be unlawful for any person to whom such license has been issued to
fail or refuse to give the Township License Officer or any person
designated by him for that purpose, all the facts connected with the
stock on hand or the proper information respecting goods sold, or
any other information that he may require in order to make a thorough
investigation of all phases connected with the sale.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 1152,
1516, 1653, 2195.
[Ord. No. 2015-2252]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance and distribution criteria for licensed dealers in these
goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of precious metals
or other secondhand goods without complying with the requirements
of this section in the exact manner described herein.
[Ord. No. 2015-2252]
Shall mean a current valid New Jersey Driver's License or
Identification Card, a current valid photo driver's license issued
by another US state, a valid United States Passport, or other verifiable
US Government issued identification, which will be recorded on the
receipt retained by the dealer and subsequently forwarded to the local
police department on request.
Shall mean any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates any of the following trades or businesses: the buying
for purposes of resale of precious metals, jewelry, or other secondhand
goods as defined herein; pawnbrokers as defined herein; itinerant
businesses as defined herein. For the purposes of this section, transient
buyers, as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
Shall mean any restricted monetary equivalent or script that
is issued by retailers or banks to be used as an alternative to a
non monetary gift.
Shall mean a dealer who conducts business intermittently
within the municipality or at varying locations.
Shall mean the statutory officer whose duties are defined
in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of
the "city," "town," "township," "village," or "borough."
Shall mean any person, partnership, association or corporation:
lending money on deposit or pledge of personal property, other than
choses in action, securities, or printed evidences of indebtedness;
purchasing personal property on condition of selling it back at a
stipulated price; or doing business as furniture storage warehousemen
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Shall mean any person, partnership, association or corporation:
lending money on deposit or pledge of personal property, other than
choses in action, securities, or printed evidences of indebtedness;
purchasing personal property on condition of selling it back at a
stipulated price; or doing business as furniture storage warehousemen
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Shall mean gold, silver, platinum, palladium, and their alloys
as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
Shall mean every transaction conducted between a dealer and
a member of the public in which precious metals, jewelry, or any other
secondhand goods as defined herein are purchased or pawned.
Shall mean used goods such as antiques, gold, silver, platinum,
or other precious metals, jewelry, coins, gemstones, gift cards, any
tools, telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, purses, pocketbooks, furs and other valuable
articles. For the purposes of this section, secondhand goods shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his permanent residence or in any municipally
owned building who is engaged in the hobby of collecting coins or
stamps and who does not solicit the sale, purchase, or exchange of
such coins or stamps to or from the general public by billboard, sign,
handbill, newspaper, magazine, radio, television, or other form of
printed or electronic advertising.
Shall mean a member of the public who sells or pawns used
goods such as precious metal, jewelry, or other secondhand goods to
a dealer.
Shall mean a dealer, as defined herein, who has not been
in a registered retail business continuously for at least six months
at any address in the municipality where the dealer is required to
register or who intends to close out or discontinue all retail business
within six months.
[Ord. No. 2015-2252]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Mercantile License Officer, which license shall bear a number issued by the Mercantile License Officer. The application for a license to the Mercantile License Officer shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in Subsection 5-13.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this chapter. No person, partnership, Limited Liability Company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalties established in Subsection 5-13.10.
[Ord. No. 2015-2252]
Nothing in this section shall apply to or require the obtaining
of a license by any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists, and nothing in this section shall
apply to or require the obtaining of a license by any art, antique
or historical society that shall conduct an exhibition and sale of
art objects, pictures, paintings, prints, historical articles and
furniture generally known and designated as antiques and kindred objects;
and nothing in this section shall apply to or require the obtaining
of a license by any agricultural show, fair or garden society selling
or closing out certain of their exhibits, if such society was an incorporated
association, not for pecuniary profit, of this state prior to the
26th day of March, 1935, or if incorporated subsequent thereto, such
society shall have a bona fide membership of at least 100 persons.
[Ord. No. 2015-2252]
a.
Upon receipt of an application completed pursuant to this section,
the Mercantile License Officer shall refer such application to the
Chief of Police or his (or her) designee, who shall make an investigation
of the prospective licensee, pursuant to this section for the purpose
of determining the suitability of the applicant for licensing. The
investigation shall include, but shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in Subsection 5-13.2 above, although nothing in this subsection shall be construed to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This subsection shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection 5-13.7d of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under Subsection 5-13.7a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Mercantile License Officer, fully completed by the applicant.
If a criminal record check has been requested within the thirty-day
period and has not been received by the Chief of Police within that
period, the Chief of Police may, if all other factors are satisfactory,
recommend a conditional issuance of the license subject to the finding
regarding criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Mercantile License
Officer, who shall grant or deny the license. Any recommendation of
the Chief of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Mercantile License Officer accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Mercantile
License Officer shall forward to the applicant a statement of the
reason or reasons for such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 5-13.6, the retention and inspection requirements of Subsection 5-13.7, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Mercantile License Officer shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection 5-13.8 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before the Township Manager or his (or her)
designee, at which time the applicant shall be permitted to introduce
such evidence as may be deemed relevant to such denial. Any applicant
exercising the right to appeal must file a written notice of appeal
within 10 days of receiving written notice of denial of a license
to act as a dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. 2015-2252]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in Subsection 5-13.2.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in Subsection 5-13.2, in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Photographs
of serial numbers on items that contain serial numbers shall be taken.
6.
The receipt number which shall also be listed on the subject article.
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A.
51:6-1 et seq.;
10.
The time and date of the transaction.
d.
The information outlined in Subsection c above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection c above.
e.
In the event of a database failure, all transaction information is required to be submitted to a Township of Ocean Police email approved by the Chief of Police within 24 hours from the date of purchase. If the dealer's computer equipment suffers a malfunction and is not operable, the dealer must submit all transactions on paper forms approved by the Chief of Police within 24 hours from the date of the purchase. In the event that email or paper form reporting is used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 5-13.7.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in Subsection 5-13.7. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
g.
All records maintained by the Chief of Police pursuant to this section
shall be confidential and shall not be made available to any individual
or institution as otherwise provided by law. The information pursuant
to this section may be shared with any federal, state, county or local
law enforcement, or regulatory agency with jurisdiction over persons
engaged in businesses that conduct reportable transactions.
[Ord. No. 2015-2252]
a.
In accordance with both N.J.S.A. 2C:21-36 and this section, all precious metals, jewelry, and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or his (or her) designee at the designated business address for a period of at least 10 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 5-13.6. All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection 5-13.6b upon the sale of those goods, the dealer has the right to sign a theft by deception complaint under N.J.S.A. 2C:20-4 against the seller at the Township of Ocean Municipal Court. A law enforcement officer shall seize the goods and provide the dealer with a receipt. If the dealer signs a complaint and the seller is convicted of theft by deception and is found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
If market conditions would create a hardship on the dealer by holding
precious metals or other secondhand goods for such period, the dealer
may present the property to the Chief of Police in order that it may
be photographed and, if deemed necessary by the Chief of Police, an
investigation may be implemented. The Chief of Police shall have the
authority to grant the dealer a waiver (at the risk of the dealer)
of the requirement under this subsection. In no case shall the dealer
sell the items prior to the established period without the written
permission of the Chief of Police or his designee.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in Subsection 5-13.6c.
e.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or his (or her) designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or his (or her) designee is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 5-13.10 of this section.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or his (or her) designee shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension, and notify the dealer of his or her right to appeal pursuant to Subsection g,2. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or his (or her) designee, been cured, corrected, or appropriately rectified, or upon the decision of a timely filing of an appeal as provided in Subsection g,2.
g.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or his (or her) designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 5-13.10.
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2.
Procedure for Revocation. Upon a determination that appropriate grounds
exist and that revocation is warranted, the Chief of Police or his
(or her) designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically be issued,
if one is not already in effect, pending the outcome of the charge.
The determination by the Chief of Police or his (or her) designee
shall be final unless the licensee files a written notice of appeal
with the Municipal Clerk within 10 days after receiving the written
notice of the decision. The appeal shall be a hearing before the Township
Manager or his (or her) designee. Written notice of the time and place
of such hearing shall be served upon the licensee at least 72 hours
prior to the date set for such hearing. Notice may be given either
by personal delivery or by regular mail to the address listed on the
license. At the hearing before the Township Manager or his (or her)
designee, the licensee shall have an opportunity to answer, introduce
evidence, and present testimony of witnesses, and upon due consideration
and deliberation by the Township Manager or his (or her) designee,
the license may be revoked, suspended or other actions taken, or the
complaint may be dismissed. The decision of the Township Manager or
his (or her) designee shall constitute final administrative action
of the municipality.
3.
Following revocation or suspension by the Township Manager or his
(or her) designee, the dealer must relinquish his or her license and
must immediately and indefinitely cease operating as a dealer of precious
metals or other secondhand goods within the municipality.
h.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Mercantile License
Officer, in writing, of the street address of said new location prior
to the move.
[Ord. No. 2015-2252]
Each licensee shall deliver a bond to the Township Clerk, executed
by the applicant as principal, and executed by a surety company authorized
to do business under the laws of the State of New Jersey, as surety.
The bond shall be subject to the review and approval by the Township
Attorney, as defined in N.J.S.A. 40A:9-139, and be in the penal sum
of $10,000, conditioned upon the due and proper observance of and
compliance with the provisions and requirements of all existing or
future Township ordinances relating to the conduct of the secondhand
dealer business, and conditioned also that the bond shall be and remain
for the benefit of any person or persons who shall have received judgment
against a licensee by reason of any damage sustained by any such person
as a result of the operations of the licensee, which damage shall
be established by a judgment of a court of proper jurisdiction. The
bond shall contain the following language: "The obligation of this
bond shall, in addition to the Township of Ocean, be and remain for
the benefit of any person who shall obtain a judgment against the
obligor as a result of damage sustained in operation pursuant to any
license granted by the Township of Ocean." The bond shall be kept
for a minimum of one year from the date of issuance of license and
must be renewed annually along with the license.
[Ord. No. 2015-2252]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $250. The annual renewal fee for a license is $150. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 5-13.6d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from January 1st through December 31st. All applications for renewal must be filed on or before November 1st for renewal by January 1st of the following year.
[Ord. No. 2015-2252]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsection 5-13.7f and Subsection 5-13.7g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 5-13.7g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2015-2252]
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this section within 90 days following the effective
date of this section.
b.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
c.
If any subsection, sentence, clause, phrase, or portion of this section
is for any reason held to be invalid or unconstitutional by a court
of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portions hereof.
a.
The sale of Christmas trees by vendors who are in business of making
such sales during the Christmas season and who have not obtained site
plan approval for the use of a premises for the purpose of selling
nursery stock and/or Christmas trees is hereby prohibited within the
Township of Ocean except that the sale of the same shall be permitted
in any nonresidential zone by a Township of Ocean based nonprofit
organization which has been assigned a tax exempt number by the Internal
Revenue Service.
b.
Christmas trees sold by such Township of Ocean based nonprofit organizations
shall not be sold prior to November 25. Any unsold Christmas trees
shall be removed from the premises no later than January 2. The site
of such sale shall only be staffed by the organization's volunteers
and all proceeds to benefit the nonprofit organization must be utilized
after non-personnel expenses.
c.
A nonprofit organization prior to selling Christmas trees, must first
obtain a permit from the License Officer authorizing such sale. Any
nonprofit organization applying for such permit shall be required
to complete and file with the License Officer an application containing
the following information:
d.
The zoning officer shall determine that the location and size of
the sales, display and storage area is not in a landscaped area, does
not interfere with on-site traffic patterns and does not unduly restrict
parking for the primary site uses prior to authorizing the License
Officer to grant a sales permit.
e.
The fee for the permit under this section shall be $5.
[Ord. No. 1626 § 2,
3, 4; Ord. No. 1758 § 1; Ord. No. 2153; Ord. No.
2014-2217; Ord. No. 2015-2254; Ord. No. 2290; amended 1-10-2019 by Ord. No. 2315]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean that an owner or caregiver has forsaken a domesticated
cat entirely, or has neglected or refused to provide care and support
to the cat.
Shall mean, for the purpose of this section, cat.
Shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this section.
Shall mean any person who provides food, water or shelter
to or otherwise cares for a cat.
Shall mean any member of the domestic feline species; male,
female or altered.
Shall mean any cat which has attained the age of seven months,
or which possesses a set of permanent teeth.
Shall mean any room or group of rooms, cage, or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
Shall mean a straight line cutting of the tip of the left
ear of a cat by a licensed veterinarian while the cat is anesthetized.
Shall mean one group of people living within one residential
dwelling
Shall mean a cat which is completely or substantially unsocialized
to humans. The usual and consistent temperament of a feral cat is
extreme fear and resistance to contact with humans. Feral cats are
either born in the wild, the offspring of tame or feral cats and not
socialized; or formerly tamed cats that have been abandoned and have
reverted to an untamed state.
Shall mean an individual feral cat or a group of cats which
congregate together outside as a unit. Any nonferal cats that congregate
with a multiple cat colony shall be deemed part of it.
Shall mean the agency or division of health or any designated
representative thereof charged with administering the issuance and/or
revocation of permits and licenses under the provisions of this section.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
Shall mean by disturbing the peace or creating hardship by
going somewhere that it's not allowed or wanted.
When applied to the proprietorship of a cat, shall include
every person having a right of property (or custody) in such cat and
every person who has such cat in his/her keeping, or who harbors or
maintains a cat or knowingly permits a cat to remain on or about any
premises occupied by that person.
Shall mean any individual, corporation, partnership, organization,
or institution commonly recognized by law as a unit.
Includes the running or standing of any cat, on any street
or other public or private place, (except on the property of the owner
or custodian), unattended and not under the immediate control of some
responsible person able to control such cat and secured by a leash
not longer than six feet.
Shall mean cats who do not have a permanent home or owner
and roams and/or wanders at large.
Shall mean Trap, Neuter and Release.
Shall mean a program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated, ear tipped and returned
to the location designated by the SPCA and Township representative.
a.
Vaccination and License Requirements. No person shall own, keep,
harbor, or maintain any cat over seven months of age within the Township
of Ocean unless such cat is vaccinated and licensed. The provisions
of this section do not apply to cats held in a cattery, or those held
by a state or federal licensed research facility, or a veterinary
establishment where cats are received or kept for diagnostic, medical,
surgical or other treatments, or licensed animal shelters, pounds,
kennels, or pet shops.
b.
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in Subsection d.
c.
Vaccination Certificate. A certificate of vaccination shall be issued
to the owner of each animal vaccinated on a form recommended by the
state.
d.
Exemptions. Any cat may be exempted from the requirements of such
vaccination for a specified period of time by the Division of Health,
upon presentation of a veterinarian's certificate stating that because
of an infirmity or other physical condition, or regimen of therapy,
the inoculation of such cat shall be deemed inadvisable.
a.
Cats Must Have License Number Displayed. Any person who shall own,
is a caregiver, or keep or harbor a cat of licensing age shall annually
apply for and procure from the clerk of the municipality, or other
official designated by the governing body thereof to license cats
in the municipality in which he/she resides, a license and official
registration tag with license number, or a registration sleeve for
each cat so owned, kept, or harbored, and shall place upon such cat
a collar or other device with the license number securely fastened
or displayed thereto. Acceptable methods of displaying license number
shall include, but are not limited to, breakaway or elastic collars.
License tags or sleeves are not transferable.
b.
Time for Applying for License. The owner of any newly acquired cat
of licensing age, or of any cat which attains licensing age, shall
make application for license tag or sleeve for such cat within 10
days after such acquisition or age attainment. This requirement will
not apply to a nonresident keeping a cat within the Township of Ocean
for no longer than 10 days.
c.
Cats Brought Into Jurisdiction. Any person who shall bring, or cause
to be brought into this Township, any cat licensed in another state
for the current year, and bearing registration tag or sleeve, and
shall keep the same or permit the same to be kept within the Township
of Ocean for a period of more than 10 days, shall immediately apply
for a license and registration tag or sleeve for such cat. There can
be no more than five cats per single-family dwelling unit or two cats
for any apartment where they are allowed by the property owner.
d.
Any person who shall bring or cause to be brought into this Township
any unlicensed cat, and shall keep same or permit same to be kept
within the Township for a period of more than 10 days, shall immediately
apply for a license and registration tag or sleeve for each such cat.
e.
Application, Contents, Preservation of Information. The application
shall state the breed, sex, age, color and markings of the cat for
which license and registration are sought, and whether it is of a
long- or short-haired variety; also the name, street, and post office
address of the owner, and the person who shall keep or harbor such
cat. The information on said application and the registration number
issued for the cat shall be preserved for a period of three years
by the clerk or other local official designated to license cats in
the municipality.
f.
License Forms and Tags. License forms and official tags or sleeves
shall be furnished by the municipality and shall be numbered serially,
and shall bear the year of issuance and the name of the municipality.
g.
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. No municipal clerk or other official designated by the governing body of any municipality to license cats therein shall grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided by Subsection 5-15.2 of this section. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
h.
License Fee Schedule. A license shall be issued after payment of
a fee of $11 for each unneutered cat, and $8 for each neutered cat.
i.
Fees; Renewals; Expiration Date of License. Licenses from another
municipality shall be accepted. The person applying for the license
and registration tag and/or sleeve shall pay the fee established by
the Township of Ocean. The fee for the renewal of license and registration
tag or sleeve shall be the same as for the original and said license,
registration tag or sleeve and renewal thereof shall expire on December
31 of that year.
j.
Only one license and registration tag or sleeve shall be required
in the licensing year for any cat in this Township. Any valid New
Jersey license tag or sleeve issued by a New Jersey municipality shall
be accepted by this municipality as evidence of compliance.
k.
Loss of License. If a license tag or sleeve has been misplaced or
lost, the Department of Health may issue a duplicate license and/or
registration sleeve for that particular cat at a fee of $1.
l.
Proof of Licensing. Proof of licensing shall be produced by any person
owning, keeping, maintaining, or harboring a cat, upon the request
of any health official, police officer, animal control officer, or
other authorized person.
m.
Interfering With Persons Performing Duties Under This Section. No
person shall hinder, molest, or interfere with anyone authorized or
empowered to perform any duty under this section.
n.
Disposition of Fees Collected. License fees and other moneys collected
or received under the provisions of this section shall be forwarded
to the chief financial officer of the municipality, and shall be placed
in a special account separate from any of the other accounts of the
municipality and shall be used for the following purposes only: collecting,
keeping, and disposing of cats liable to seizure, for local prevention
and control of rabies, providing anti-rabies treatment under the direction
of the local board of health for any person known or suspected to
have been exposed to rabies, and for administering the provisions
of this section. Any unexpected balance remaining in such special
account shall be retained until the end of the third fiscal year following,
and may be used for any of the purposes set forth in this section.
At the end of the said third fiscal year following, and at the end
of each fiscal year thereafter, there shall be transferred from such
special account to the general funds of the municipality any amount
then in such account which is in excess of the total amount paid into
the special account during the last two fiscal years next preceding.
a.
No cat kept in a kennel, pet shop, shelter or pound shall be permitted
off such premises, except on leash or in a crate or under other safe
control.
b.
Strays. Strays are picked up by the Animal Control Officer and taken
to shelters, a veterinarian (if injured), or disposed of if they have
died. Rabies testing is available due to exposure to suspect rabid
wildlife.
c.
Property damage. No person owning, keeping or harboring a cat shall
permit it to do any injury or to do any damage to any lawn, shrubbery,
flowers, grounds or property, person or other animal.
d.
Running-at-large. No person owning, keeping or harboring any cat
shall permit it to run at large upon the public streets or any public
park, public building or any public place within the Township.
e.
No more than five cats shall be sheltered or kept by any one family
group per single-family dwelling unit.
f.
No cat shall be sheltered or kept that is not domesticated.
g.
The quarters where cats are kept shall be clean and sanitary and
such as not to create a health hazard or disturbance by reason of
noise, odor or other causes.
Causes for Impounding. The Animal Control Officer shall take
into custody and impound, or cause to be taken into custody and impounded,
any of the following cats:
a.
Any licensed cat running at large in violation of the provisions
of this article.
b.
Any cat off the premises of the owner of or the person keeping or
harboring the cat which the Animal Control Officer or his agent has
reason to believe is a stray cat.
c.
Cats from a family group that have not been vaccinated against rabies
and which are demonstrating signs of the disease.
d.
Any cat off the premises of the owner or of the person keeping or
harboring said cat which said official or his agent or agents have
reason to believe is a stray cat.
e.
Any cat which, upon complaint by one or more residents, shall be
bothering, disturbing or causing nuisance to said resident or residents.
a.
Any officer or agent authorized or empowered to perform any duty
under this section is authorized to enter upon any premises to seize
for impounding any cat which he or she may lawfully seize and impound
when the officer is in immediate pursuit of the cat, except on the
premises of the owner of the cat if the owner is present and forbids
same.
b.
If any cat to be impounded or seized wears a registration tag, collar
or harness showing the name and address of any person or the owner
of or the person keeping or harboring the cat is known, the Animal
Control Officer shall immediately serve upon the person whose address
is given on the collar, or on the person owning, keeping or harboring
the cat, a notice in writing stating that the cat has been seized
and will be liable to be disposed of or destroyed if not claimed within
seven days after service of the notice.
c.
A notice under this subsection may be served either by delivering
it to the person to whom it is served, or by leaving it at the person's
usual or last known place of abode, or at the address given on the
collar, or by forwarding it by mail in a prepaid letter addressed
to that person at his or her usual or last known place of abode, or
to the address given on the collar.
a.
When any cat is seized by the Animal Control Officer, the owner shall
be liable to the Township for an administrative fee of $50.
b.
When any seized cat is not promptly claimed by its owner and the
Animal Control Officer has turned the cat over for impoundment, the
owner shall be liable to the Township for reimbursement of any of
the fees charged to the Township, plus a $10 processing fee.
c.
In the event the Township is required to initiate any action to recover
any of the fees in this article, all expenses of collection, including
reasonable attorney's fees, shall be the responsibility of the owner.
a.
Organization.
1.
The Monmouth County SPCA shall assume the role as the approved sponsor
for the TNR program within the Township of Ocean and shall set forth
the requirements for this program which shall be listed in this MOU.
Monmouth County SPCA sponsorship requirements:
(a)
Review and approve colony caregivers.
(b)
Schedule surgical dates for all TNR activities.
(c)
Maintain records provided by colony caregivers.
(d)
Maintain all medical records.
(e)
Set TNR standards and guidelines.
(f)
Be responsible with the Township for humanely trapping, neutering,
vaccinating and spaying or neutering of feral cats.
2.
The established cost of sharing fee to TNR a feral cat for this program
shall be established and agreed upon by both parties. The fee for
this program shall include the neutering, ear tip, rabies vaccination
and microchip.
3.
The Monmouth County SPCA shall designate a member of the SPCA to
serve as the TNR representative for the program with the Township
of Ocean appointed designate.
4.
The Monmouth County SPCA, the Township of Ocean Animal Control Officer
and approved caregivers shall coordinate the transportation to and
from the Monmouth County SPCA for the purpose of this TNR program.
5.
No one shall establish a colony or add to a colony without the approval
of the SPCA/Township representative.
6.
The Township of Ocean shall have no liability with regard to the
operation and maintenance of any colony permitted by this section
and all caregivers shall agree to defend and indemnify the Township
in regard to their maintenance of a colony.
7.
No colonies shall be established in any R1-6, SCA and PAC zones within
the Township.
8.
No feral cat colony shall be permitted to be located within 1,000
feet of the property line of any public or private school or eating
establishment located in the Township of Ocean.
b.
Feral Cat Caregiver Responsibilities.
1.
Take steps to vaccinate the colony population for rabies and update
the required vaccination protocols whenever possible; take steps to
get all cats in the colony population spayed/neutered through the
SPCA.
2.
Maintain digital photos of each cat in the colony and copies of documentation
evidencing the cats have been vaccinated, spayed/neutered and ear
tipped; provide food and water.
3.
Observe the colony cats and keep a record of any illnesses or unusual
behavior noticed in any colony cats and obtain proper medical attention
for any colony cat that appears to require it.
4.
Obtain the written approval of the owner of any property to which
the caregiver requires access to provide colony care.
5.
Take steps, in the event that kittens are born to a colony cat, to
remove the kittens from the colony after they have been weaned, and
place the kittens in homes, foster homes, or within animal shelters,
rescue organizations or veterinary offices for the purpose of subsequent
permanent placement.
6.
Setting up consistent and monitored feeding schedules. Feeding shall
be limited to daylight hours. All remaining food must be removed daily.
7.
All costs and expenses associated with the maintaining a feral cat
colony shall be borne solely by the feral cat caregiver and the SPCA.
The Township of Ocean shall not provide any financial resources or
funds to caregivers who maintain a cat colony except where noted in
this section.
a.
Violations of Section; Penalty. Except as otherwise provided in this
section, any person who violates, or who fails or refuses to comply
with this section, shall be liable to a penalty of not less than $200
nor more than $2,000 for each offense, to be recovered by and in the
name of the local Board of Health, or by and in the name of the municipality.
b.
This section shall be enforced by the Clerk's Office, Police Department
and Animal Control Office/Agency.
[Added 8-12-2021 by Ord.
No. 2362]
This section is enacted to regulate the cultivation, production,
sale, and transportation of cannabis in the Township in accordance
with the provisions of the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act" comprising N.J.S.A.
24:6I-31 et seq., and in accordance with the rules and regulations
of the Cannabis Regulatory Commission.
[Added 8-12-2021 by Ord.
No. 2362]
As used in this section, words and phrases shall have the same
meanings they have in N.J.S.A. 24:6I-31 et seq., and in accordance
with the rules and regulations of the Cannabis Regulatory Commission.
[Added 8-12-2021 by Ord.
No. 2362]
a.
Laws Applicable. All applications for licenses, all licenses issued, and all proceedings under this section shall be in accordance with the act, rules and regulations referred to in § 5-16.1 and all other applicable laws of the state of New Jersey.
b.
Issuing Authority. All licenses required by this section, including
renewal licenses, shall be issued by the governing body, which shall
also administer the provisions of this section.
c.
License Required. No person shall cultivate, sell, or distribute cannabis within the Township without having obtained a license in accordance with the act referred to in subsection 5-16.1 and the provisions of this section.
d.
License Fees; Maximum Number Issued. The annual license fee and maximum
number of licenses for the Cannabis Establishments in the Township
shall be as follows:
|
Class of License
|
Annual License Fee
|
Maximum No. of Licenses
|
|---|---|---|
|
Class 1 Cannabis Cultivator
|
$10,000
|
1
|
|
Class 2 Cannabis Manufacturer
|
$10,000
|
1
|
|
Class 3 Cannabis Wholesaler
|
$5,000
|
1
|
|
Class 4 Cannabis Distributor
|
$5,000
|
1
|
e.
Class 5 Cannabis Retailer and Class 6 Delivery licenses shall not
be permitted in the Township. Consumption areas shall not be permitted
in the Township.
[Added 8-12-2021 by Ord.
No. 2362]
In order to be granted a business license or for the renewal
of same for the operation of any Cannabis business the following conditions
must be satisfied:
a.
Completion of all forms, checklists, and other submissions as may
be required by the Township;
b.
Payment of all applicable local fees, including inspection and licensing
fees;
c.
Demonstration that all applicable State licenses have been obtained;
d.
Passage of all applicable State and local inspections required to
be completed prior to the beginning of operations and/or renewal of
any State and/or local license;
e.
Emergency contact information to be utilized by police, fire, and
EMT personnel in the event of an on-site emergency;
f.
Submission of a full copy of the application for State Licensure,
via hard copy or digitally, with pages prominently marked "CONFIDENTIAL"
as appropriate for purposes of compliance with New Jersey's Open
Public Records Act (Note: pages not marked as confidential will be
disclosed in response to an applicable OPRA request); and
g.
Submission of application fee of $5,000. If the application is denied,
the applicant will be notified as to the basis and a refund of $4,000
of the application fee.
[Added 8-12-2021 by Ord.
No. 2362]
[Added 8-12-2021 by Ord.
No. 2362]
a.
Any license issued under this section may be suspended or revoked
for violation of any of the provisions of this section or any provision
of any applicable statute or any of the rules and regulations of the
Cannabis Regulatory Commission.
b.
Notice of a hearing for the suspension or revocation of a license
shall be given in writing by the Township Clerk. The notice shall
specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his or her last known address
by certified mail, return receipt requested, at least five days prior
to the date set for the hearing.
c.
At the hearing, the licensee shall have the right to appear and be
heard, to be represented by an attorney, to present witnesses in his
or her own behalf, to cross-examine opposing witnesses and to have
a permanent record made of the proceedings at his or her own expense.
The Council shall revoke or suspend the license if they are satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
d.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this section.
[Added 8-12-2021 by Ord. No. 2362; amended 1-12-2022 by Ord. No. 2376]
a.
For violation of any provision of this section, the penalty upon
conviction shall be the maximum fine permitted under New Jersey State
law for the violation of a municipal ordinance in accordance with
N.J.S.A. 40:49-5, or imprisonment for a period not exceeding the maximum
time permitted under New Jersey State law for the violation of a municipal
ordinance, in accordance with N.J.S.A. 40:49-5, or both. In any case
where the penalty is an amount greater than $1,250 upon an owner for
violations of housing or zoning codes, the owner shall be provided
a thirty-day period in which the owner shall be afforded the opportunity
to cure or abate the condition and shall also be afforded an opportunity
for a hearing before a court of competent jurisdiction for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed.
b.
Separate violation for each day. Each day that a violation of this
section is allowed to exist shall constitute a separate violation
or offense and shall be subject to the penalty as prescribed herein.
