[2002 Code § 5.12.010; Ord. No.
2018-05]
As used in this section:
Shall mean a person who goes from place to place, house to
house, or person to person, selling or taking orders for or offering
to sell or take orders for goods, wares, merchandise or any article
for future delivery or for services to be performed in the future
or for the making, manufacturing or repairing of any article or thing
whatsoever for future delivery or for the solicitation of money for
any purposes whatsoever. Any person taking a poll or a survey from
house to house or on the streets, or distributing advertisements or
handbills is included.
Shall mean any person who goes from place to place by traveling
on the streets or from house to house and carries with him goods,
wares or merchandise of any description for the purpose of selling
and delivering them to purchasers.
Shall mean a person who deals in buying and selling old iron
or other metals, glass, paper, cordage or other waste or discarded
material.
Also includes any person who conducts any traveling or street
show, carnival or circus and in connection therewith sells or displays
for sale any goods, wares or merchandise.
Shall mean a person commonly referred to either as a transient
merchant or itinerant vendor who engages temporarily in business in
the Borough by occupying a room, building, tent, lot or other premises
for the purpose of selling goods, wares and merchandise.
Shall mean a person who engages in business in the manner
defined by the definition of transient merchant and in pursuant thereof
becomes a peddler or hawker, or hires a peddler or hawker, as hereinabove
described.
[2002 Code § 5.12.020; Ord. No.
2018-05]
The purpose of this section is for the Borough of Fair Haven to exercise police power for the public safety, comfort, convenience and protection of the Borough and the citizens of the Borough. Also, the purpose of this section is to secure the residents of the Borough; the peaceful enjoyment of their homes by prohibiting door-to-door solicitation during those times when such solicitation is most intrusive and disruptive; to aid crime prevention and detection; to prevent unfair competition, dishonest business practices; and fraudulent solicitation by the regulation of transient merchants, hawkers, peddlers, junk dealers, solicitors and canvassers as defined in subsection 4-1.1.
[2002 Code § 5.12.030; Ord. No.
2018-05]
It is unlawful for any transient merchant, hawker, peddler,
junk dealer, solicitor or canvasser to sell or dispose of or to offer
to sell or dispose of any goods, wares, merchandise or publications
or to solicit money within the Borough without first applying for
and securing a license as hereinafter provided.
[2002 Code § 5.12.040; Ord. No.
2018-05]
The provisions of this section shall not be construed to apply
to the following persons:
a.
Any person selling fruits, vegetables or farm products grown by himself
with or without the help of others;
b.
Any honorably discharged soldier, sailor, marine, nurse, or army
field clerk of the United States, having been in the active military
or naval service of the United States in any war in which this country
has been engaged, or who served or shall have served in the armed
forces of the United States during the present emergency, 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.;
c.
Any person who conducts a judicial sale under the authority of State
or national 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 as an exempt member of any such department,
company or 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 and recognized religious, charitable,
educational or political organization, provided however, that the
local chairman or other person in charge of solicitation for such
lawful and recognized religious, charitable, educational or political
organization in the Borough shall apply for and obtain a license in
the manner hereinafter provided and all persons engaged in such solicitation
shall carry identification cards signed by such local chairman or
person in charge, but nothing herein contained shall permit any such
person to engage in any business within these provisions without first
applying for and obtaining the prescribed license;
f.
Any person engaged in the sale or delivery of newspapers qualified
as legal newspapers within the meaning of N.J.S.A. 35:1-1 et seq.
[2002 Code § 5.12.050; Ord. No.
2018-05]
Any person desiring a license shall file with the Borough Clerk
an application containing the following information:
a.
Applicant's name, home and business address and local address, if
any;
b.
Place or places of residence of the applicant for the preceding three
years;
c.
The physical description of the applicant, setting forth the applicant's
age, sex, height, weight, complexion, color of hair and eyes and any
other distinguishing physical characteristics;
d.
The name, address and principal or registered office in this State,
if any, of the person, firm, organization or corporation for or through
whom or under whose auspices the applicant is authorized to conduct
such activity or a statement, if such be the case, that the applicant
is engaged in such activity solely in his own behalf;
e.
A brief description of the type or types of articles or services
to be sold or furnished and the purpose or purposes for which money
is to be solicited;
f.
A statement as to the approximate amount of money to be collected
by the applicant and whether or not the same is to be in full or partial
payment for articles to be sold or services to be rendered;
g.
The length of time for which the license is desired;
h.
A statement as to whether or not the applicant has been convicted
of any crime or misdemeanor involving moral turpitude and if applicant
has been so convicted, the nature of the offense or offenses and the
penalty or penalties imposed therefor. If the applicant is not engaged
in the proposed activity solely in his own behalf, there must be attached
to the application a letter from the person, firm, organization, or
corporation for or through whom or under whose auspices the applicant
seeks authorization to conduct such activity, together with sample
copies of the order or receipt form or forms to be used by him in
connection with such activity. All applicants must submit to fingerprinting
by the Police Department of the Borough at the time the application
is made;
i.
The days of the week and the hours of the day during which the licensed
activity will be conducted;
j.
If a vehicle is to be used, a description of the vehicle, together
with New Jersey State vehicle license number or other means of identification.
[2002 Code § 5.12.060; Ord. No.
2018-05]
In addition to the foregoing items, the applicant shall file:
a.
A sworn statement of the true invoice of the amount, average quality
or kind and value of the goods to be offered for sale;
b.
A statement of the location of such goods by streets or number, and
whether on the premises from which it is sold or in warehouse;
c.
To the application must be attached, in the discretion of the Borough
Clerk, the bills or invoices of purchase of such goods.
[2002 Code § 5.12.070; Ord. No.
2018-05]
In addition to the foregoing information the applicant must
show:
[2002 Code § 5.12.080; Ord. No.
2018-05]
In addition to the information required under subsection 4-1.5, 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 in behalf of such religious or charitable organization for the period of the license and shall attach to the application the form of identification card to be carried by each person engaged in such solicitation. Provided, however, that when the intended solicitation is to be performed by school children under the age of 19, who reside in the Borough and is for the purpose of raising funds for the assistance of local schools and churches, the license shall be secured in the manner hereinabove provided, but the identification cards may be signed by any member of the committee in charge of the solicitation for such local school or church, provided that the chairman thereof has filed their signatures with and as a part of the application for license made by such chairman.
[2002 Code § 5.12.090; Ord. No.
2018-05]
For transient merchants, transient merchant peddlers, solicitors
requiring advance payment in whole or in part, and new merchants,
the Borough Clerk shall establish the character of the business by:
[2002 Code § 5.12.100; Ord. No.
2018-05]
The bond shall be declared forfeit upon conclusive period of:
a.
Falsification in application for a license;
b.
Willful violation of any of the provisions of this section;
c.
Removal from the Borough within a year after opening the business
premises without payment of the license fee required of transient
merchants or merchant peddlers. The bond of every merchant continuously
conducting a vending business for more than one year shall be cancelled
and no further bond shall be required of him under this section.
[2002 Code § 5.12.110; Ord. No.
2018-05]
Following the filing of the application, the Administrator,
the Chief of Police, or the Borough Clerk shall conduct an investigation
to ascertain the truth of the statements made by the applicant upon
his application. If upon completion of such investigation it appears
that the statements made upon the application are true, that the applicant
has not been convicted of any crime or misdemeanor involving moral
turpitude and has not been convicted of a prior violation of this
section, the Administrator, the Chief of Police, or the Borough Clerk
shall endorse a statement to that effect upon the reverse side of
the application and the Borough Clerk shall thereafter proceed to
issue the license for which the application was made.
[2002 Code 5.12.120; Ord. No. 2018-05]
For all classes of licenses the licensing issued shall not authorize
any person, except the licensee therein named to engage in business
thereunder. No license shall be transferable from the licensee therein
named to any other person, provided however, that a peddler's license
issued upon an annual basis may be transferred if the transferee pays
a transfer fee of $1 and makes application and qualifies thereto in
all respects and in the same manner as if his application were for
the original issuance of such license. A separate license must be
obtained by a licensed transient merchant for each branch or separate
place of business in which his business is conducted and each license
shall authorize the person to conduct business only at the location
which is indicated therein.
[2002 Code 5.12.130; Ord. No. 2018-05]
Every person holding a license, under this section, shall be
required to carry the license with him or at his business premises
while engaged in the business licensed. He must produce the license
at the request of any official of the Borough. To every peddler granted
a license, the Borough Clerk shall issue either a license card, button
or metal plate, bearing the words "License, Peddler, Borough of Fair
Haven," together with the number of the license and the year for which
it is issued. All automobiles, wagons, carts or other vehicles used
for peddling shall have affixed thereon the license. A transient merchant,
transient merchant peddler and new merchant must post a license certificate
in a prominent place of his business premises. The vendors of all
other classes shall, if the license is in the form of a button, have
the same affixed on the lapel of his or her coat or garment while
engaged in business. Persons soliciting money for a religious or charitable
organization shall at all times during such solicitation carry with
them and shall exhibit upon request the identification cards for which
provision is made above.
[2002 Code 5.12.140; Ord. No. 2008-03; Ord. No. 2016-05; Ord. No. 2018-05]
License fees shall be as follows:
a.
Solicitors. For each solicitor other than a person soliciting for a lawful and recognized religious, charitable, educational or political organization: The fee shall be as stated in subsection 2-56.1. Every solicitor's license shall terminate at the close of December 31 of the year for which it is issued.
b.
Peddlers. For each peddler, regardless of the method used for transporting his wares and merchandise: The fee shall be as stated in subsection 2-56.1. Every peddler's license shall terminate at the close of December 31 of the year for which it is issued.
c.
Transient Merchants. The fee shall be as stated in paragraphs a and
b above.
d.
Transient Merchant Peddler. For each transient merchant peddler,
the fee shall be as stated in paragraphs a and b above.
e.
Junk Dealer. For each junk dealer, the fee shall be as stated in
paragraphs a and b above.
f.
For All Other Licenses. The fee shall be as stated in paragraphs
a and b above.
[2002 Code 6.12.150; Ord. No. 2018-05]
a.
Any license issued hereunder may be suspended for any infraction
or violation of the terms of the license, or of any Borough ordinance,
State or Federal statute, or falsification in applying for a license.
The suspension shall become effective by the mailing of a notice to
the address appearing upon the application and shall state grounds
upon which the suspension or revocation is based and that an opportunity
for a hearing will be given at a certain time. Notice shall be served
by certified mail, return receipt requested, at least 10 days prior
to the date set for the hearing.
b.
At the hearing the licensee shall have the right to appear and be
heard, to be represented by an attorney, to present witnesses on his
behalf, to cross-examine opposing witnesses and to have a permanent
record made of the proceedings at his own expense. If a record is
made and a copy if requested by the licensee, the licensee shall provide
a copy to the Borough without charge. The Borough Council shall revoke
or suspend the license if it is satisfied by a preponderance of the
evidence that the licensee is guilty of the acts charged.
[2002 Code § 5.12.160; Ord. No.
2018-05]
a.
Upon the expiration of any license issued under the provisions of
this section, the holder thereof shall surrender the same to the Borough
Clerk within 24 hours. Upon notice of the cancellation or revocation
of any license issued under the provisions of this section, the holder
shall surrender the same to the Borough Clerk within 24 hours after
notice of such cancellation.
b.
The holder shall have the permit in his possession at all times and
shall exhibit the same at any time upon request by Police Officer
or by any purchaser or prospective purchaser.
c.
The holder shall not canvass or solicit orders for any articles from
pedestrian or vehicular traffic on or adjacent to any public street,
avenue or highway within the limits of the Borough in such manner
as will interfere with the normal and usual use of such public street,
avenue or highway.
d.
The holder shall not enter in or upon any house, building or structure
or any land or property, without prior consent of the owner or occupant
thereof, whether there is placed or posted on the premises in 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 desire persons engaged in such or similar
activity to enter upon the premises.
e.
The holder shall give a written receipt to the purchaser, which receipt
shall be signed by the holder and shall set forth a brief description
of the article ordered, the total purchase price thereof, and the
amount of the payment, if any, received by the holder from the purchaser.
f.
The holder shall immediately leave the resident's property upon request
by the resident to do so.
g.
The holder shall not engage in any conduct which is prohibited by
any statute, regulation or ordinance in effect in the Borough.
[2002 Code § 5.12.170; Ord. No.
2018-05]
This section shall not affect any person engaged in the delivery
of goods, wares, merchandise or other articles or things in the regular
course of business to the premises of persons ordering or entitled
to receive the same.
[2002 Code § 5.12.180; Ord. No.
2018-05]
[Ord. No. 2018-05]
It shall be unlawful for any peddler or solicitor to engage
in the business of peddling, canvassing, or soliciting before 10:00
a.m. or later than 6:00 p.m. or dusk, whichever is earlier, nor on
Sundays or holidays, except ice cream vendors.
[Ord. No. 2018-05]
a.
Notwithstanding the provisions of any other subsection of this section,
any person or entity who owns or rents property within the Borough
may register such property on a "Do Not Solicit" list.
b.
Registration for the "Do No Solicit" list shall be made as follows:
1.
The "Do Not Solicit" list shall be maintained by the Borough Clerk.
2.
The "Do Not Solicit" list shall consist solely of property addresses,
and shall include no further identifying information concerning the
ownership of the property.
3.
Property owner must notify the Borough Clerk of any change in ownership
of property within the Borough. The Borough Clerk shall remove from
the "Do Not Solicit" list any property which has changed ownership.
c.
The Borough Clerk's office shall provide a copy of the "Do Not Solicit"
list to every applicant to whom a license is issued pursuant to this
section.
d.
Solicitation of any nature at any address identified on the "Do Not
Solicit" list shall constitute a violation of this section. Each and
every solicitation at an address identified on the "Do Not Solicit"
list shall constitute a separate violation of this section.
[2002 Code § 5.16.010; Ord. 2008-06; Ord. No. 2013-06]
Sidewalk cafes and restaurants may operate as an ancillary use
to a permitted restaurant in any zoning district that permits restaurants
only in accordance with the terms of this section. No person shall
establish, maintain, own or operate a sidewalk cafe or restaurant
nor serve food, liquor or other beverages on any public or private
street, sidewalk or alleyway without first having obtained a license.
All prior approvals or denials from the Planning Board or Zoning Board
of Adjustment relating to sidewalk cafes and outdoor dining shall
be superseded by the provisions of this Licensing Ordinance.
[2002 Code § 5.16.020; Ord. No.
2013-06]
All applications for a sidewalk cafe license shall be made to
the Borough Clerk. A completed application shall be forwarded to the
Municipal Engineer and Chief of Police who shall conduct an investigation
including consultation with Fire Prevention and Health Department
officials, and the data contained in the application. Upon completion
of the investigation by the Municipal Engineer and Chief of Police,
the Mayor and Council will examine the application along with the
report of the Municipal Engineer and Police Chief. The Mayor and Council
shall take into consideration the location, potential interference
with pedestrian or vehicular traffic, the effect upon the neighboring
properties, the business record of the applicant, any proposed structures
to be erected on public sidewalks and general public safety, health
and welfare considerations. It is a condition of the license that
no less than four feet of unobstructed sidewalk shall be open and
maintained for pedestrians. No license shall be issued until resolution
of the Mayor and Council authorizing the issuance of a license shall
have been adopted. The decision of the Mayor and Council shall be
final.
[2002 Code § 5.16.030; Ord. No.
2013-06; amended 12-19-2022 by Ord. No. 2022-18]
(Fees restated at subsection 2-56.1, Fee Schedule.)
Any person submitting an application for a sidewalk cafe or
restaurant shall submit an application fee in the amount of $50 with
the application.
[2002 Code § 5.16.040; Ord. No.
2010-02; Ord. No. 2013-06]
Any licenses issued shall permit sidewalk cafe operations to
begin no earlier than April 1 and shall terminate no later than December
1 of the year in which the permit is issued.
[2002 Code § 5.16.050; Ord. No.
2013-06]
Any licenses for a sidewalk cafe issued pursuant to the terms
of this section shall be renewed annually, in the sole discretion
of the Mayor and Council.
[2002 Code 5.16.060; Ord. No. 2013-06]
a.
Any person approved for a license for a sidewalk cafe or restaurant
shall submit, for the protection of the Borough and its representatives
as well as the general public a comprehensive policy of liability
insurance protecting the licensee and Borough against any liability
whatsoever occasioned by accident on or about the licensed property
or any appurtenances thereto. This policy shall be written by a good
and solvent insurance company or companies authorized to do business
in New Jersey and the limits of liability thereunder shall not be
less than the amount of $1,000,000 in respect of any one person, and
in the amount of $1,000,000 in respect of any one accident or occurrence.
b.
Prior to the time such insurance is first required to be carried
by the sidewalk cafe license holder and thereafter, at least 15 days
prior to the expiration of any such policy, licensee agrees to deliver
to the Borough Clerk a certified true copy of the aforesaid comprehensive
liability policy naming the Borough as an additional insured and including
an endorsement that such insurance policy may not be modified or cancelled
except upon 30 days' written notice to the Borough; the licensee shall
also deliver to the Borough Clerk evidence of payment for the policy.
Licensee shall promptly provide, at the request of the Borough from
time to time, certification or other proof acceptable to the Borough,
that the insurance policy is in good standing and in full force and
effect.
[2002 Code 5.16.070; Ord. No. 2013-06]
[2002 Code, Title 3, Fee Schedule; Ord. No.
493; Ord. No. 2008-03; Ord. No. 2012-04; Ord. No. 2013-01; Ord. No. 2015-02]
The following annual fee schedule is hereby fixed for the issuance
of retail food establishment permits:
a.
Retail Establishments Selling Prepackaged Food. Any retail establishment
engaged only in the sale of prepackaged food and not potentially hazardous
in nature, the fee for the permit shall be $75.
b.
Restaurants, Luncheonettes, Fast Food Restaurants. The permit fee
for restaurants, luncheonettes, fast food restaurants and taverns
shall be based upon capacity as follows:
|
1 to 50 seats
|
$150
|
|
51 to 100 seats
|
$250
|
|
101 and over
|
$400
|
c.
School Cafeterias, Nursing Homes and Offices. The permit fee for
offices, plants, school cafeterias and nursing homes shall be based
upon the square footage of kitchen preparation and dining areas as
follows:
|
Up to 2,000 square feet
|
$100
|
|
2,001 to 3,000 square feet
|
$125
|
|
3,001 to 4,000 square feet
|
$150
|
|
4,001 to 6,000 square feet
|
$375
|
|
Over 6,000 square feet
|
$750
|
d.
Retail Food Establishments. The permit fee for supermarkets and retail
food establishments shall be based upon the square footage of the
establishment as follows:
|
Up to 4,000 square feet
|
$150
|
|
4,001 to 10,000 square feet
|
$400
|
|
Over 10,000 square feet
|
$700
|
e.
Retail Farm Markets. A retail farm market as defined herein shall
be required to obtain a retail food permit and the fee shall be based
upon the square footage of the market as follows:
|
Up to 1,000 square feet
|
$30
|
|
1,001 to 2,000 square feet
|
$45
|
|
2,001 to 3,000 square feet
|
$80
|
|
3,001 to 4,000 square feet
|
$110
|
|
4,001 to 6,000 square feet
|
$300
|
|
Over 6,000 square feet
|
$550
|
f.
Day Care Centers.
1.
Day Care With On-Site Food Preparation. The permit fee for day care
centers with on-site food preparation shall be based upon the square
footage of the kitchen preparation and dining areas as follows:
|
Up to 2,000 square feet
|
$100
|
|
2,001 to 3,000 square feet
|
$125
|
|
3,001 to 4,000 square feet
|
$150
|
|
4,001 to 6,000 square feet
|
$375
|
|
Over 6,000 square feet
|
$750
|
2.
Day Care Serving Prepackaged Food. The permit fee for day care centers
serving prepackaged food only shall be $60.
3.
Nonprofit Day Care Center. The permit fee for licensed nonprofit
day care centers shall be $30.
g.
Mobile Units. The permit fee for mobile units shall be $75.
h.
Nonprofit Organizations. The permit fee for licensed nonprofit organization
facilities shall be $30.
i.
Temporary Food License. The permit fee for a temporary food license,
which shall be limited to a carnival, fair, etc., of up to a two-day
duration, shall be $25 for each vendor and three days or more shall
be $50 for each vendor.
j.
Reinspection Fees. The fee for any reinspection of a retail food
establishment as set forth in this section shall be $30.
k.
Food Permit Late Fee. A late fee charge will be levied by the Borough
on those food establishment owners and/or operators who do not renew
their permits on the anniversary date. The late fee charge will be
in addition to the cost of the establishment's annual food permit
fee. The late charge is set as follows: the late fee equals 20% of
the food establishment's annual permit fee except that a minimum late
fee charge shall be set no lower than $20.
If upon reinspection, the establishment is rated conditional
or below for the same or similar violation, there will be a reinspection
fee of $100. Establishments are still subject to additional penalties
upon inspector's discretion.
l.
Food Handlers license fee shall be $25 minimum to $1,000 maximum. (Fees restated at subsection 2-56.1, Fee Schedule).
m.
Any person who violates any provisions of this subsection established
herein shall, upon conviction thereof, be liable for a penalty of
not less than $10 nor more than $500 for each violation, each day
a particular violation continues shall constitute a separate offense.
Upon refusal or neglect, upon and after conviction, to pay the amount
of said penalty or fine, the person so convicted shall be subject
to be committed to the Borough Jail for a period not exceeding 90
days, all in the discretion of the Municipal Judge.
n.
In the event that any violation of this subsection shall also be
violation of a New Jersey State Law, for which a greater penalty is
provided for than that contained in this subsection, the Municipal
Judge, before whom the complaint is brought, based upon such violation,
shall in his or her discretion, have the right to impose, in the place
and in lieu of any penalty provided for herein, that is so provided
for in the New Jersey State Law which has been so violated.
[Ord. No. 9-26-05(B) § 9.24.010]
The purpose of this section is to set forth procedures by which
residents may apply for and receive permission to close specified
streets during hours and dates, in order to accommodate block parties
or similar community recreational events. As used in this section,
"resident" shall mean any person who occupies a residence or nonresidential
premises in the Borough.
[Ord. No. 9-26-05(B) § 9.24.020]
No person shall engage in, participate in, aid, form or start
any block party unless a permit can be obtained from the Chief of
Police.
[Ord. No. 9-26-05(B) § 9.24.030]
Any resident of the Borough may apply for permission to close
one or more streets, or a portion of such street or streets, to motor
vehicle traffic for the purpose of accommodating a block party or
similar community recreational event, by submitting a fully executed
application for street closing, available from the Chief of Police.
a.
Filing Period. An application for a block party permit shall be filed
with the Chief of Police not less than 30 days before the date on
which it is proposed to conduct the block party.
b.
Contents of the Application. The application must contain:
1.
Name, address and phone number of the applicant(s).
2.
The name of the street or streets proposed to be closed, and the
portion to be closed if less than the entire length of the street.
3.
The proposed date of the block party.
4.
The proposed hours of the block party.
5.
Whether any booths, rides, or other structures or mechanical equipment
will be erected for use during the event, and if so, their nature.
6.
What provisions are being made for collection and removal or litter
generated by the event.
7.
Name, address and phone number of the person or organization, if
any, who will serve as Party Chairman, responsible for the conduct
of the block party, and who will serve as the liaison between the
Chief of Police and the participants in the block party.
8.
The approximate number of persons and exact street residence, including
street and number addresses, who will be participating in the block
party.
9.
A barricade request form.
10.
Any additional information which the Chief of Police shall find reasonably
necessary to a fair determination as to whether a permit should issue.
[Ord. No. 9-26-05(B) § 9.24.040]
Permits will allow the permittee(s) to close specified streets
to vehicular traffic only. In no event shall any permit be considered
to close any street to pedestrian traffic.
a.
Standards for Issuance of Permits.
1.
The Chief of Police shall issue a permit as provided for hereunder
when, from a consideration of the application and from such other
information as may otherwise be obtained, he or she finds that:
(a)
The conduct and location of the block party will not substantially
interrupt or impede the safe and orderly movement of traffic.
(b)
The conduct of the block party will not be likely to result
in damage to persons or property nor cause serious harm to the public.
(c)
The conduct of the block party will not interfere with the movement
of firefighting equipment or other emergency equipment to such an
extent that adequate fire protection cannot be provided to the Borough.
2.
If the Chief of Police disapproves of the application, he or she
shall mail or have served upon the applicant, within five days after
the date upon which the application was first filed, a notice of his
or her action stating the reasons for his or her denial of the permit.
b.
Contents of Permit.
1.
Each block party permit shall state the following information:
(a)
The starting time of the party.
(b)
The ending time of the party.
(c)
The portions of the streets to be occupied by the block party,
including cross streets. The same shall indicate exact building numbers
from which the block party area shall begin and at which point the
block party area shall end.
(d)
The name of the Party Chairman.
(g)
Such other information as the Chief of Police shall find necessary
to the enforcement of this section.
[Ord. No. 9-26-05(B) § 9.24.050]
b.
Notice to the Residents. The permittee(s) shall be personally responsible
to deliver a written notice of the closing to each resident located
along the portion of the street to be closed. Such notice shall state
the date and hours when the street is to be closed, identify the portion
of the street which is to be closed, and include the following language:
"During the hours of the street closing, no motor vehicles may be
operated on the street, except for an emergency. You may wish to park
your vehicle outside the closed area before the closing takes effect."
Such notices shall either be mailed at least 10 days before the closing,
or delivered by and at least seven days before the closing. Notices
may be left at the premises in a place reasonably calculated to allow
the occupant to find them.
[Ord. No. 9-26-05(B) § 9.24.060]
The Chief of Police, or his designated representative, shall
determine the need and appropriate placement of any and all barricades
and may require the placement of detour or other traffic signs. It
shall be the responsibility of the permittee(s) to secure the necessary
barricades and detour signs from the Borough of Fair Haven Department
of Public Works. The application for a block party, or section thereof,
shall be accompanied by a barricade request form. There shall be a
deposit of $50 per barricade and $15 per detour or other traffic sign
in cash or check made payable to the Borough of Fair Haven. The deposit
fee shall be refunded upon the return of the barricades and/or detour
signs to the Borough of Fair Haven Department of Public Works.
The Chief of Police, or his designated representative, shall
approve the placement of all barricades and signs to be used in restricting
the flow of vehicular traffic.
[Ord. No. 9-26-05(B) § 9.24.070]
The permittee(s) hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances. The permittee(s)
shall conduct the operation so that there shall be a minimal inconvenience
to the general public. The street shall remain clear of all obstructions
so as to allow for the adequate entry and movement of emergency vehicles.
Upon the expiration of the permitted street closure, such street is
to be reopened free of any debris, refuse or other material interfering
with the safe and free passage of pedestrians and vehicles. All such
trash, debris, refuse and materials are to be disposed of in accordance
with the Borough of Fair Haven Garbage and Recycling Ordinances in
effect.
[Ord. No. 9-26-05(B) § 9.24.080]
It shall be the duty and responsibility of all persons participating
in the block party to agree to save the Borough of Fair Haven, its
officers, employees and/or agents harmless from any costs, damages,
and liabilities which may accrue or be claimed to accrue by reason
of the block party.
[Ord. No. 9-26-05(B) § 9.24.090;
New]
[2002 Code § 5.08.010]
As used in this section:
Shall mean and include all sales entitled "garage sales,"
"yard 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.
Shall mean any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder and which
is owned by the licensee or consigned to him. The sale of new goods
purchased or manufactured for the purpose of offering them for sale
at a garage sale or the taking or orders for goods to be manufactured
for future delivery to the purchaser is not permissible at a garage
sale.
Shall mean owner or lessee of the premises upon which the
sale is to be conducted.
[2002 Code § 5.08.020; Ord. No.
2008-03; Ord. No. 2008-18; Ord. No. 2011-09; amended 12-19-2022 by Ord. No.
2022-18]
(Fees restated at subsection 2-56.1, Fee Schedule.)
It is unlawful for any person to conduct a garage sale in the
Borough without first filing with the Borough Clerk the information
hereinafter specified and obtaining from the Clerk a license to conduct
such a sale, to be known as a "garage sale license." The fee for issuance
of such a license is fixed at $5 for seniors and $7 for non-seniors
other than during the town-wide garage sale. The fee for issuance
of such a license for the town-wide garage sale is fixed at $10. The
fee for an "after the fact" license shall be $20.
[2002 Code § 5.08.030]
Not more than two garage sale licenses shall be issued to any
one person or for any one premises in the Borough for any one year.
No garage sale licenses shall be good for more than two days. Each
such license shall at all times during the sale be prominently displayed
upon the premises upon which the sale is being conducted and shall
be so displayed as to be visible from the street upon which the premises
front or if such premises do not have frontage upon a public street
at the entrance from the street to the premises.
[2002 Code § 5.08.040]
The information to be filed with the Borough Clerk pursuant
to this section shall be as follows:
a.
Name of person, firm, group, corporation, association or organization
conducting the sale;
b.
Name of owner or lessee of the property on which the sale is to be
conducted;
c.
Location at which sale is to be conducted;
d.
Number of days of sale;
e.
Date, 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 to him to be so.
[2002 Code § 5.08.050]
No such license shall be issued for any person who is not the
occupant of the premises upon which such sale or activity is conducted
and the licensee responsible for the maintenance of good order and
decorum on the premises during all hours of such sale or activity.
No licensee shall permit any loud or boisterous conduct on the premises
nor permit vehicles to impede the passage of traffic on any such roads
or streets in the area of such premises. All such licensees shall
obey the reasonable orders of any member of the Police or Fire Department
of the Borough in order to maintain the public health, safety and
welfare. All licensed premises shall at all times be subject to such
reasonable rules as may be made from time to time by the Borough Council
and shall be subject to inspection at all times by the Construction
Official, Chief of Police and Fire Chief, or any of their agents or
any other duly authorized representative of the Borough.
[2002 Code § 5.08.060]
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
[2002 Code § 5.08.070; Ord. No.
2008-03; Ord. No. 2011-03]
(Fees restated at subsection 2-56.1, Fee Schedule.)
No signs for advertising or directing customers are to be posted
on any place other than as set forth in this section. No such sign
shall exceed two square feet in size, and may contain the term "garage
sale," "yard sale," "estate sale" or language similar in nature and
the address where the sale is to be held. One sign may be placed on
the premises where the sale is to be held up to five days prior to
the sale. Two additional signs may be posted on private property within
the Borough, but not on public property or utility poles on the day
of the sale only. All such signs shall be removed by the licensee
on the day that the sale is concluded. The penalty for a sign posting
violation is $25.
[2002 Code § 5.08.080]
It is unlawful for any person to offer for sale mattresses,
bedsprings, cots, lounges and sofas in any garage sale authorized
under this section without first complying with the appropriate section
of N.J.S.A. 26:10-1 through 26:10-18, with respect to the labeling,
sterilizing, disinfecting of the mattresses, bedsprings, cots, lounges
and sofas.
[2002 Code § 5.08.090]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction;
b.
Persons acting in accordance with their powers and duties as public
officials;
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement,
and which separate items do not exceed five in number.
d.
Any sale conducted by any merchants or mercantile or other business
establishment from or at a place of business wherein such sales would
be permitted by the zoning regulations of the Borough, or under the
protection of the nonconforming use section thereof or any other sale
conducted by a manufacturer dealer or vendor and which sale would
be conducted from property zoned premises and not otherwise prohibited
in any ordinance of the Borough;
e.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming such exemption; and
provided further that no such institution or organization shall conduct
a sale in the Borough unless it is the occupant of the premises upon
which the sale is to be conducted.
[2002 Code § 5.08.100]
This subsection shall be enforced by the Code Enforcement Officer.
It shall be the duty of the Code Enforcement Officer to investigate
any violations of this section coming to his attention, whether by
complaints or arising from his own personal knowledge, and if a violation
be found to exist, he may prosecute a complaint before the Municipal
Court pursuant to the provisions of this section. It shall be the
duty of the Police Department to bring to the attention of the Code
Enforcement Officer for further investigation, any violations of this
section of which the Police Department become aware during the course
of its normal duties.
[2002 Code § 5.08.110]
Any person conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that such violation shall continue shall be considered a separate violation.
[2002 Code § 8.04.010]
As used in this section:
Shall mean any device, such as a bell, siren, whistle, horn,
gong, or klaxon, employed to call attention to, or provide warning
of, intrusion by any person, or by fire, smoke, flood, or other peril,
whether the same provides a visual or audio response, alarm, or warning,
and whether or not transmitted by any method to Police Headquarters,
or any other Borough agency, if such warning is capable of being heard
or received at any point beyond the interior walls of the house, apartment,
office, store, industrial building or other structure in or on which
the alarm system has been placed.
Shall mean that type of automatic telephone dialing service
using the telephone system to transmit an alarm of intrusion, fire,
smoke, flood, or other peril to the Police Department or any third
party.
Shall mean any alarm for which a patrol is dispatched and
upon inspection there are no signs of forced entry or attempt and
no pry marks or broken windows or doors.
Shall mean any alarm device, which when actuated, produces
an audible signal to give a warning of intrusion, fire, smoke, flood,
or other peril.
Shall mean any person owning, operating, leasing or maintaining
an alarm system within the scope of this section, who has been issued
a registration certificate to operate and maintain such alarm system.
[2002 Code § 8.04.020]
The provisions of this section shall apply to any person who
owns, operates, leases or maintains any alarm system situated in the
Borough, if the alarm system has an audible signaling device, or a
device which requires a response by the Police Department, Fire Department,
First Aid Squad, or other Borough agency. The provisions of this section
shall in no way prohibit service by private source to persons within
or without the Borough, so long as such activity is not in violation
of this section, and provided further, that any person owning, operating,
leasing or maintaining a premises protected by an alarm system shall
be responsible for the registration thereof in accordance with this
section.
[2002 Code § Title 3 Fee Schedule; New]
Each alarm system in the Borough shall be registered with the
Police Department. The fee for monitoring of each alarm system shall
be five ($5.00) per month.
[2002 Code § 8.04.030]
All components of an alarm system shall be maintained in good
repair, and shall operate in a proper manner. When evidence exists
that there has been failure to comply with the maintenance and operation
requirements of this section, the Police Department shall then be
authorized to demand that such alarm system be disconnected until
such time as compliance with the provisions of this section has been
established. The Police Department shall have the right to disconnect
any malfunctioning equipment from any alarm system until such time
as the malfunction has been corrected, and the alarm system is operating
in accordance with the provisions of this section.
[2002 Code § 8.04.040]
All audible signaling devices in the Borough shall be equipped
with a timing device to limit the sounding of the signaling device
to 15 minutes or less regardless of whether they are connected to
Police Headquarters.
[2002 Code § 8.04.050]
The Police Department shall have the authority to promulgate
written rules and regulations and incorporation recommendations proposed
by the Fire Department, First Aid Squad or other Borough agencies,
subject to the approval by a resolution adopted by the Mayor and Council
of the Borough which rules and regulations shall supplement this section,
and provide for record keeping and the efficient operation and management
of alarm systems in the Borough.
[2002 Code § 8.04.060]
In the case of a false alarm, or improper maintenance or operation
of any alarm system, any person having knowledge thereof shall immediately
notify the Police Department. The Police Department shall cause an
investigation to be made of all false alarms and of all improper maintenance
or operation of alarm systems, and shall keep a record of such false
alarms on file.
For such false alarms (or unfounded alarm), this section prescribes
the following penalties:
(Note: Fines restated at subsection 2-56.1, Fee Schedule.)
a.
For the first and second false alarm in any given calendar year,
a warning shall be used.
b.
For the third false alarm in the same calendar year, a fine of $50
shall be paid to the Borough.
c.
For the fourth or any subsequent false alarm in a calendar year,
a fine of $100 shall be paid to the Borough for each offense.
d.
Where the investigation of the Police Department discloses a continued
disregard by the owner for taking remedial steps for avoiding false
alarms, or for continued failure to maintain or operate an alarm system,
the Police Department shall have the right to require disconnection
for a limited or permanent time of the alarm system, giving the owner
the opportunity to show cause to the Police Chief why such action
should not be taken. A person aggrieved by the decision of the Police
Department shall have the right to appeal the decision to the Mayor
and Council within 10 days of the decision.
e.
Any unauthorized equipment pertaining to an alarm system may be ordered
to be disconnected by the Police Department for noncompliance with
this section. Any placing, installing or maintaining unauthorized
equipment or failing to file a required registration application or
amendment thereto shall be a violation of this section. Each and every
day that such equipment is installed, or maintained, shall be considered
a separate violation. Any person placing, installing or maintaining
any alarm system shall be deemed as having consented to inspection
of the premises on which the alarm system is installed or maintained
at reasonable hours by the Police Department.
f.
Any flood, hurricane, earthquake, storm, etc., which affects the
operation and performance of an approved alarm system, shall after
such determination by the Police Department, not subject the owner,
operator, lessee or maintainer, to any fine or penalty as herein prescribed
in this section.
[2002 Code § 8.04.070]
[2002 Code § 9.08.070]
a.
No person shall use a loudspeaker or sound wagon on any public street,
public place, quasi-public place or private property within the limits
of the Borough without securing a permit therefor. The application
for such permit shall be made in writing and in person to the Chief
of Police and shall set forth the name and address of the person who
is to operate the loudspeaker or sound wagon, the purpose for which
the same is to be used, the carrying distance of the speaker or sound
wagon and the date, time and location of the proposed use.
b.
The Chief of Police shall cause an investigation to be made and if
satisfied that the granting of the permit will not constitute a nuisance
in the Borough and that the applicant and object for which the permit
for the use of the loudspeaker or sound wagon is sought, are not inimical
to the peace and quiet of the Borough, shall issue a written permit
to the applicant, which permit shall specify therein the tone to be
used in broadcasting through the loudspeaker or sound wagon within
the Borough.
[Ord. No. 2008-17]
No person shall landscape or engage in any landscaping or tree
removal on any public or private property within the Borough for hire
without first registering with the Municipal Clerk, on forms to be
supplied by the Borough.
The purpose of this section requiring landscaper and tree removal company registration is to ensure that persons defined in subsection 4-10.2 are cognizant of the Borough's regulations concerning the leaf collection program. Nothing in this section shall relieve any owner, lessee or tenant of his or her responsibility to comply with the requirements of the Borough's leaf and branch collection programs.
[Ord. No. 2008-17]
As used in this section:
Shall mean to demand and/or accept payment or compensation
for completion of services.
Shall mean to be in the business, occupation or trade of
adorning or improving any property or portion of property by trimming
or cutting grass or shrubs; by planting, installing or removing leaves,
branches, grass, flowers, mulch, hedges or shrubs; or by planting,
removing or installing trees. As used in this section, landscape and
landscaping shall also refer to solicitation of the above-referenced
services.
Shall mean any individual or entity whose existence is recognized
by law, including, but not limited to, any partnership, corporation
(for-profit, nonprofit, or municipal and its agencies), firm, association,
or any combination of the foregoing.
Shall mean the actual removal of trees, or direct or indirect
actions resulting in the effective removal of trees through damage
or poison, or similar actions directly or indirectly resulting in
the death of trees.
[Ord. No. 2008-17; amended 12-19-2022 by Ord. No.
2022-18]
a.
At the time of registration, applicants shall provide proof that
they have received a copy of and will comply with the provisions of
the Borough's ordinance regulating its leaf and branch collection
program and tree removal program.
b.
Every registration shall be issued and renewed on an annual basis,
effective February 1 of each year, upon payment of an annual fee to
the Borough in the amount of $25.
c.
No registration shall be required of any owner, lessee or tenant
of real property who shall personally perform activities otherwise
requiring a registration; except that all such work must otherwise
comply with the Borough's ordinance.
d.
The Borough Council may, upon recommendation of the Borough Engineer
or Borough Superintendent of Public Works, or designee of one or both,
after notice and an opportunity for a hearing, suspend or revoke any
registration for violation of law or related Borough ordinances, or
for good cause, which is shown to be prejudicial to the public health,
safety or welfare. When the Borough Engineer or Borough Superintendent
of Public Works, or designee of one or both, has reasonable cause
or belief that an emergency affecting the public health, safety or
welfare so requires, said official may temporarily suspend any registration
for a period not to exceed one week or until the Borough Council can
be convened to consider said suspension.
e.
The Borough makes no guarantee or representation regarding the fitness,
knowledge or qualification of any person that is registered by the
Borough to engage in landscaping for hire.
[Ord. No. 2008-17]
Persons registered are encouraged, but not required, to either
compost leaves and branches themselves, such as in wooded areas if
practicable. Persons registered are also encouraged to take materials
to private ecological facilities for disposal.
[Ord. No. 2008-17]
[Ord. No. 2007-19]
The purpose of this section is to establish a rotating tower/wrecker
list to be utilized by the Police Department of the Borough of Fair
Haven regarding wrecked, abandoned, impounded or similar vehicles,
and to regulate the towing and storage of motor vehicles which result
from Police Department calls for assistance, and to establish towing
and storage fee schedules.
The provisions of this section apply to all businesses who provide
towing and storage services for motor vehicles who shall participate
in the rotating call list in the Borough of Fair Haven.
[Ord. No. 2007-19]
Certain words and phrases in this section shall have the following
meanings:
A motor vehicle storage facility in compliance with the Zoning
Ordinance of the Borough of Fair Haven or other municipality which
has a temporary storage facility for disabled or abandoned vehicles.
A private passenger automobile of a private passenger or
station wagon type and a motor vehicle with a pickup body, or delivery
sedan, a van or a panel truck, as well as motorcycles and mopeds.
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way berm, or from being impaled upon any other object
within the right-of-way berm.
The Borough of Fair Haven.
The operation of an unengaged wrecker along the public streets
in any fashion intended likely or calculated to solicit business.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles,
and that is secured by a locking device on each opening.
An occurrence in which a motor vehicle comes in contact with
any other object for which the motor vehicle must be towed or removed
for placement in a storage facility.
The person, firm or corporation which owns or leases and
operates or causes to be operated a tow truck, and includes the words
"owner," "licensee" and/or contractor."
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with an alarm system or similar on-site
security measures. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as "inside building" or "outside
secured."
Any regular police officer or special police officer of the
Borough of Fair Haven and any state police officer or the Borough
Code Enforcement Officer, Zoning Officer, Parking Enforcement Officer
or their designees.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
A list containing the names and addresses of towing and storage
contractors, maintained by the Police Department, who will be called
on a rotating basis when the Police Department determines that the
assistance of such services is required within the Borough.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
[Ord. No. 2007-19]
This section shall apply to any operator who provides towing
and who seeks to provide motor vehicle tow service in the Borough
of Fair Haven pursuant to the rotating towing call list described
herein.
[Ord. No. 2007-19]
No operator shall operate within the Borough of Fair Haven without
obtaining a license in accordance with the provisions of this section.
Specifically exempted from this license requirement are towing operators
engaged solely in the towing, transporting, conveying or removing
from private property within the Borough, or those directly and privately
engaged or designated by the person responsible for the vehicle to
be towed, transported, conveyed or removed.
No operator shall be eligible for inclusion on the rotating
call list described in this section unless such operator shall obtain
a license from the Borough of Fair Haven for inclusion on the tow
list. There shall be no subcontracting of services allowed.
[Ord. No. 2007-19]
a.
An application for a license to be placed upon the list to be utilized
by the Police Department shall be made by the person or firm engaged
in operating a storage facility and a tow vehicle in the Borough of
Fair Haven.
b.
The application shall include the following information:
1.
The full name, address, telephone number and tax identification number
of the applicant. If the application is made for a partnership, corporation
or other business entity, it shall state the names and addresses of
the officers; names and addresses of the directors or partners; names
and addresses of anyone owning 10% or more of the applicant; and the
address and telephone number of the corporate registered office and
registered agent or the managing partner.
2.
The description, by make, model, license number, year, gross vehicle
weight, vehicle identification number and color, of each tow vehicle
which will respond to towing calls.
3.
A statement setting forth a maximum gross vehicle weight the applicant
is capable of towing.
4.
A statement setting forth a maximum size vehicle the applicant is
capable of towing.
5.
The address at which each such tow vehicle will be principally kept.
6.
The street address and the Municipal Tax Map lot and block number
of the proposed authorized storage facility to which towed vehicles
will be taken and at which they will be stored. In the event that
the applicant does not own or control such a storage facility, the
applicant shall present a lease agreement by a person who does own
or control such a storage facility evidencing that the applicant has
permission to store towed vehicles at that facility; said lease shall
be for a term of not less than the period of validity of the license
sought.
7.
The names, addresses and driver's license numbers of all drivers
of tow truck wreckers.
8.
The telephone number available on a twenty-four-hour-per-day basis
at which the Police Department may summon a tow vehicle at any time
of day or night.
9.
Copies of insurance policies or certificates of insurance required
under this section.
10.
An employment nondiscrimination statement.
11.
A statement of compliance with all state and federal laws and regulations
concerning wages, hours and terms of employment.
c.
The applicant shall file with the Borough Clerk completed application
forms which forms shall be furnished by the Chief of Police. Each
application for a license shall be accompanied by an application fee
of $150.
d.
The Borough Clerk shall refer the application for a license to the
Police Department for investigation and report. After the application
has been submitted and reviewed by the Police Department, the Chief
of Police will recommend approval or disapproval of the application.
The Police Chief's recommendation shall be dependent upon both the
applicant's ability to perform in accordance with this section and
upon the applicant's personal fitness to engage in a business regulated
in the public interest. Factors which the Chief of Police shall consider
for reasons of personal fitness shall include:
[Ord. No. 2007-19]
Licenses shall be effective for a period of one year commencing
January 1 of each year. Applications for licenses shall be filed no
later than December 1 prior to the commencement of the period for
which a license is sought. By filing the application, each applicant
agrees to comply with all provisions of this section.
[Ord. No. 2007-19; amended 7-15-2019 by Ord. No. 2019-09]
The fee for each license under this section is $150.
[Ord. No. 2007-19]
a.
The Chief of Police or his designee shall establish a rotating call
list for towing service for the Borough to be called by a member of
the Police Department in the event the owner or driver of a disabled
vehicle is unable to or fails to indicate any specific choice of towing
operator to remove the disabled vehicle. A current copy of the call
list shall be available for inspection by the public at the office
of the Borough Clerk and the Police Department. Any towing and storage
contractors qualifying and obtaining a license pursuant to this section
shall be included on the list, and those on the list shall be called
on a rotating basis to provide the required towing and storage services.
b.
Whenever a towing and storage contractor is called through the Police
Department, whether as a result of being next on the tow list or for
another reason, that towing and storage contractor will rotate to
the bottom of the list.
c.
The Chief of Police or his designee shall establish such other procedures
and such reasonable regulations concerning the call list as are necessary
to expedite and facilitate the rendition of the services described
herein, including such procedures which will ensure that all towing
operators on the call list are summoned on a nondiscriminatory basis
in rotating order. Notwithstanding the foregoing, nothing contained
herein shall prevent the Chief of Police or his designee from requesting
additional towing service from others if, in the judgment of such
person, the size, nature or scope of the conditions or the performance
of the called towing service requires that assistance be rendered.
[Ord. No. 2007-19]
The following are the minimum standards/qualifications required
to be considered for inclusion on the tow list:
a.
Accidents involving large vehicles. The towing and storage contractors
must be prepared to promptly clear the roadway of any or all types
of disabled vehicles. Where the vehicles are too large for the service
to remove from the scene, after clearing the roadway, the service
may call for assistance of others. The towing and storage contractor
is required to have appropriate arrangements available for this assistance
at all times.
b.
Response time. The towing and storage contractor must meet the following
response times within the Borough of Fair Haven:
1.
Day (7:00 a.m.-7:00 p.m., seven days a week) - 15 minutes;
2.
Night (7:00 p.m.-7:00 a.m., seven days a week) - 20 minutes;
3.
Heavy-duty service requirements - 30 minutes.
|
Response time determination is to be initiated when the police
call requesting towing is completed. Where the police cannot reach
the next eligible contractor on the list, that contractor shall be
deemed to have forfeited its position, and the next succeeding contractor
on the list shall be called.
|
c.
Performance standards. The contractor will be responsible for the
conduct of contractor's employees.
The towing and storage contractor will meet the following response
performance standards:
1.
90% of all calls referred will be answered (towing vehicle on scene)
within the response time outlined above.
2.
Not more than 10% of the calls will be answered within an additional
10 minutes (day or night).
3.
No response will be later than 25 minutes, whether day or night,
with the exception of paragraph b3 above.
d.
Equipment requirements. No license shall be issued to a towing operator
and storage contractor who does not possess for use in this business
the following equipment, which equipment shall be inspected by the
Chief of Police or his authorized representative prior to the issuance
of a license:
1.
Tow vehicle. Each towing operator must have available at least one
professionally constructed wrecking vehicle, capable of performing
all towing or roadway clearance tasks assigned by the Borough.
2.
Safety equipment. Each vehicle shall have appropriate authorized
beacon and warning lights, tow vehicle illumination, stop lights and
portable fire extinguishers.
3.
Specialized equipment. At least one of the available tow vehicles
must be equipped for dolly service and winching.
4.
Cleanup equipment. All tow vehicles must carry road cleanup equipment
and supplies, including brooms, rakes, trash cans and shovels and
speedy-dry-type materials. The towing service is responsible for the
prompt and safe removal of the disabled vehicle and for the prompt
and complete removal of all litter and debris resulting from the accident
with the exception of hazardous materials as set forth in N.J.S.A.
39:4-56.8.
e.
Disabled vehicle storage. The towing service must operate a suitable,
fenced and secure vehicle storage area in an area zoned for such use.
The lot must be able to store at least 15 full-size vehicles. Said
storage yard must be within a five-mile radius of the intersection
of River Road and Fair Haven Road in the Borough of Fair Haven. This
radius shall be measured by the shortest available route. The storage
yard must be adjacent to or part of the towing operator's regular
commercial business, which must be in operation at least six days
a week during working hours. The storage yard and the commercial business
must satisfy the applicable Borough ordinances in all respects.
Authorized personnel with the Department of Police will have
twenty-four-hour, seven-day-a-week, access to vehicles within the
authorized service storage yard. If there are in excess of 15 vehicles
to be stored, they may be stored elsewhere as long as the alternate
lot complies with the specifications of the regular storage lot and
appears on the towing and storage contractor's insurance certificate.
f.
Insurance.
1.
The towing and storage contractor shall maintain the following minimum
insurance coverage with an insurance company licensed to do business
in New Jersey in the name of the applicant for the entire term of
the contract:
(a)
Automobile liability in an amount not less than $1,000,000 combined
single limits.
(b)
Workers' compensation as required by statute.
(c)
Garage keeper's liability in an amount not less than $60,000
per location.
(d)
Garage liability in an amount not less than $1,000,000 combined
single limit.
(e)
Miscellaneous coverage to provide complete protection to the
Borough against any and all risks of loss or liability, including
comprehensive general liability.
2.
The property damage policies are to be endorsed to provide for collision
coverage for the vehicles in tow. The Borough is to be listed as an
additional insured. Also, the policies are to provide for the indemnification
of the Borough. The insured's coverage must be for the entire term
of the license.
3.
Certificate of insurance. At time of application, the towing and
storage contractor shall present a certificate of insurance evidencing
the above coverage by an insurance company licensed to do business
in the State of New Jersey. Included on such certificate shall be
a statement that the insurance company or agent will notify, in writing,
the Chief of Police immediately of any change, cancellation or lapse
of such coverage.
Such statement shall not include language making such notification
permissive, nor language absolving the company/agent from liability
for failure to notify. Additionally, the applicant agrees to notify
the Chief of Police immediately of any change, cancellation or lapse
of insurance coverage.
g.
General standards. All towing operators and their employees shall
be fully trained and knowledgeable in the operation of all required
equipment and shall be subject to background investigations by the
Borough Police Department.
All towing operators must be available for service on a twenty-four-hour,
seven-days-per-week basis without exception, unless authorized by
the Chief of Police.
h.
Indemnification. All licensees agree to indemnify and hold the Borough
of Fair Haven and its officers and employees harmless from any liability,
expense or costs of suit, including reasonable attorneys' fees and
costs, arising out of or resulting from any action of the applicant
in performing towing and storage services in the Borough of Fair Haven.
i.
Rules and regulations.
1.
No towing operator shall engage in cruising as defined in this section.
2.
No towing operator shall solicit or attempt to divert patrons of
another towing operator, whether or not licensed under this section,
nor shall a towing operator solicit or divert prospective patrons
of a given repair service to any other repair service.
3.
No flashing lights or sirens shall be used by a towing operator except
by permission granted by the Chief of Police.
4.
The governing body hereby designates the Police Department generally,
and the Chief of Police particularly, as the supervising authority
to enforce the provisions of this section as well as the rules and
regulations adopted hereunder.
5.
Prior to license renewal and again during the month of March, each
towing operator licensed under this section shall be inspected by
the Chief of Police or his designee for fitness.
6.
Each licensed towing operator at all times shall maintain and carry
the necessary equipment to remove disabled or locked vehicles or equipment
necessary to operate or open vehicles to enable public safety personnel
to remove entrapped passengers.
7.
Each towing operator, prior to departure from the scene where it
performed towing services, shall clean and clear the streets of any
customary debris resulting from any accident at such scene and shall
at all times carry the necessary equipment to perform such cleaning
services.
8.
No towing operator, licensed under this section or otherwise, shall
respond to the scene of an accident except upon the request of the
driver or owner of the vehicles involved or except upon notification
by the channel of communication established by the Police Department
to notify licensed towing operators of the necessity of their presence.
9.
Refusal to tow at the scene of the towing and the type of car refused
shall be reported by the police officer assigned to the incident to
his superior. The report of refusal shall be furnished to the Chief
of Police and the Borough Clerk as soon as practicable.
10.
When any unusual situation occurs which may be dangerous to the safety
of the public, such as dangerous cargo, solvents, fluids, natural
gas, etc., the most-qualified towing operator will be selected by
the Police Department.
11.
Where no designation has been made, licensed towing operators are
authorized to remove the vehicle to the towing operator's place of
business.
12.
Where vehicles are towed to premises controlled by the Police Department
for the purpose of utilizing the vehicle or its contents as evidence,
or for other purposes, such vehicle shall not be released from police
custody unless the owner of the vehicle furnishes the Police Department
with a receipt that towing service fees have been paid.
13.
In all cases where cars are to be towed for illegal parking, summonses
for such offenses shall be issued prior to towing.
14.
No towing operator operating under the license issued hereunder shall
employ directly or indirectly any personnel or employees of the Borough
of Fair Haven.
15.
The Police Department shall maintain a log record of calls to licensed
towing operators under this section. The record shall be available
for inspection by any licensed towing operator upon reasonable notice.
16.
The authorized towing operator shall not charge any towing or storage
fee for vehicles which have been ordered impounded by the Police Department
as a result of an investigation, nor for Borough of Fair Haven municipal
cars that have broken down or have been involved in accidents within
the Borough limits, and which vehicles are stored at a Borough facility.
With such a municipal tow, the towing operator will not lose the position
at the top of the rotational list.
17.
No license issued pursuant to this section shall be transferable;
and upon cessation of activity under the license through revocation
or otherwise, the license shall be determined null and void.
18.
Such additional rules and regulations as may be promulgated shall
take effect after notification of such rules and regulations upon
all holders of licenses for towing operators. Service shall be made
by forwarding these rules and regulations by certified mail, return
receipt requested, to the licensee at the address listed in his most-recent
application.
[Ord. 2007-19]
a.
Fee schedule. Each applicant shall attach to its application for
a license a copy of its current fee schedule, which must not be in
excess of that provided for in this section. In the event an applicant
is included on the tow list and will be amending its fee schedule
from that previously filed with the Chief of Police, such amendment,
together with a complete amended fee schedule, shall be filed with
the Borough Clerk and the Chief of Police at least 30 days prior to
implementing and charging pursuant to such amended fee schedule. The
fact of filing a fee schedule with the Chief of Police shall not in
any way be construed as authority to charge any fees in excess of
those permitted by this section. All customer bills must be in an
amount not exceeding the rates provided for herein.
b.
Maximum rates. The maximum rates, as fixed on Schedule A attached
to and incorporated into this section,[1] shall apply to the towing and storage of all passenger
vehicles except those exempted pursuant to N.J.S.A. 17:33B-47 et seq.
and N.J.A.C. 11:3-38.1 et seq., as well as to all nonpassenger vehicles
not exceeding three tons in weight. There shall be no additional charges
for services, including, but not limited to, flatbedding, waiting
time, cleanup costs, and additional labor, when only basic towing
services as defined are provided.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
c.
Services to other types of vehicles or extraordinary services; rates. In the case of services rendered to vehicles other than the types of vehicles mentioned in Subsection b (Schedule A referred to herein), or services of a nature beyond basic towing services as defined, or services other than covered by basic rate, or services rendered in an extraordinary case involving unusual conditions, the rate to be charged shall be fair and reasonable and shall not exceed those fees set forth on the filed fee schedule referred to in Subsection a hereinabove, based on the location, the length of time, the number of men and machinery involved, and the difficulty of the job.
[Ord. No. 2007-19]
a.
Towing service receipt form. The towing and storage contractor will
complete and file with the Police Department a towing service receipt
form for every vehicle serviced on Borough assignment. A preprinted
form supplied by the towing and storage contractor will include at
least the following information:
b.
Distribution of form. The receipt will be multi-copy and issued as
follows:
1.
Original: issued immediately to owner upon completion of service
and payment of bill.
2.
Police: issued monthly to Police Department upon completion of services.
3.
Owner's accident receipt: issued at the accident site to the owner
prior to the removal of the vehicle. In the event the owner is incapacitated
or disputes the assignment, the owner's accident receipt may be issued
to the Police Department.
4.
Copies: as deemed necessary by towing service.
c.
Follow-up report. A quarterly report must be filed with the Police
Department containing the following information:
1.
Description of each vehicle towed pursuant to request by Police Department
during months for which report is given;
2.
Name and address to title owner of vehicle;
3.
Date of vehicle was towed;
4.
Amount charged for tow;
5.
Amount charged for storage to date of report;
6.
Date vehicle was released;
7.
List of all vehicles towed pursuant to Police Department request
which vehicles are unclaimed for over 30 days.
[Ord. No. 2007-19]
At no time shall a towing and storage contractor charge fees
in excess of those authorized by this section. Contractor shall make
appropriate accommodations for customer fees to be payable by major
credit card.
Special storing services. If special towing services are required,
the towing and storage contractor shall quote the vehicle owner or
his authorized agent directly. In the event that the owner is incapacitated,
a written copy of the price quote should be filed with the Police
Department.
No "release fees" may be charged for the release of vehicles.
No vehicle shall be released by the towing and storage contractor
unless the owner presents an authorization to release form issued
by the Police Department.
[Ord. No. 2007-19]
Nothing contained in this section shall prevent a person responsible
for a motor vehicle disabled upon the public streets or highways within
the Borough of Fair Haven from arranging for the prompt removal of
the vehicle from the scene of an accident or disablement by a wrecking
or towing service of his/her own selection. The person responsible
will be advised by the Police Department of the ability to select
such towing service at the required time of removal, providing such
person is present, fully conscious and capable of taking prompt action.
[Ord. No. 2007-19]
In the event that a person or entity shall fail to perform satisfactorily,
or performs in violation of this section, such person or entity may
be disciplined, including removal from the tow list, by the towing
performance review committee consisting of two members of the Internal
Affairs Unit of the Police Department. Discipline may run from a reprimand
to removal from the tow list.
As soon as practical after a decision by the Towing Performance
Review Committee, the Chief of Police shall cause written notice of
such action to be given to the person or entity to be disciplined.
The person or entity shall have the right to submit in writing, for
the record, such rebuttal as deemed appropriate and an explanation
of the steps being taken and procedures being implemented to correct
any deficiencies. Any person or entity receiving a suspension for
more than five days may appeal the disciplinary action to the Borough
Administrator. The Administrator, or his/her designee, shall hold
hearing regarding such appeal prior to the discipline being implemented.
Any appeal must be made and served upon the Administrator within 10
days of receipt by the person or entity disciplined of the written
notice from the Police Department regarding the suspension or removal.
[Ord. No. 2007-19]
The Police Department and the office of the Borough Clerk shall
maintain copies of this section as well as copies of all fee schedules
of towing and storage contractors submitted to the Borough pursuant
to this section, which section and fee schedule shall be available
for inspection by the public during regular business hours of the
Borough.
[Ord. No. 2007-19]
The Police Chief is hereby given the authority to promulgate
rules or regulations necessary to carry out the intent and purpose
of this section, subject to approval of such rules and regulations
by resolution of the Mayor and Council of the Borough of Fair Haven.
[Ord. No. 2007-19; New]
[Ord. No. 2010-10]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a clothing donation bin within
the Borough for solicitation purposes unless all of the following
requirements are met:
a.
The clothing donation bin is owned or sponsored by a charitable organization
registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.)
or is sponsored by any department of the Borough;
b.
The registered charitable organization has obtained a permit, valid
for a twelve-month period, from the Borough in accordance with the
following:
1.
In its application for such a permit, the registered charitable organization
shall indicate:
(a)
The location where the bin is currently situated or proposed
to be situated;
(b)
The manner in which the charitable organization anticipates
any clothing or other donations collected via the bin would be used,
sold, or dispersed and the method by which the proceeds of collected
donations would be allocated or spent;
(c)
The name and telephone number of the bona fide office of the
charitable organization and any entity which may share or profit from
any clothing or other donations collected via the bin; and
(d)
Written consent from the property owner to place the bin on
its property.
2.
The Borough shall not grant a permit to place, use, or employ a clothing
donation bin if it determines that the placement of the bin could
constitute a safety hazard. Such hazards shall include, but not be
limited to, the placement of a clothing donation bin within 100 yards
of any place which stores large amounts of, or sells, fuel or other
flammable liquids or gases.
3.
The Borough shall impose a fee for such application, in the amount
of $25 annually for each bin to offset the costs involved in enforcing
this section.
4.
An expiring permit for a clothing donation bin may be renewed upon
application for renewal and payment of the applicable annual fee.
Such application for renewal shall include information detailing:
(a)
The location where the bin is situated, and, if the person intends
to move it, the new location where the bin would be situated after
the renewal is granted and written consent from the property owner
to place the bin on its property;
(b)
The manner in which the charitable organization has used, sold,
or dispersed any clothing or other donations collected via the bin;
the method by which the proceeds of collected donations have been
allocated or spent; and any changes the charitable organization anticipates
it may make in the processes during the period covered by the renewal;
and
(c)
The name and telephone number of the bona fide office of the
charitable organization and of any entity which shared or profited
from any clothing or other donations collected via the bin and of
any entities which may do so during the period covered by the renewal.
c.
The registered charity, and any other entity which may share or profit
from any clothing or other donations collected via the bin, maintains
a bona fide office where a representative of the charitable organization
or other entity, respectively, can be reached at a telephone information
line during normal business hours for the purpose of offering information
concerning the charitable organization or other entity. For the purposes
of this subsection, an answering service unrelated to the charitable
organization does not constitute a bona fide office.
d.
The following information shall be clearly and conspicuously displayed
on the exterior of the clothing donation bin:
1.
The name and address of the registered charitable organization that
owns or is the sponsor of the bin, and of any other entity which may
share or profit from any clothing or other donations collected via
the bin;
2.
The registered charitable organization's charitable registration
number;
3.
The telephone number of the registered charitable organization's
bona fide office and, if applicable, the telephone number of the bona
fide office of any other entity which may share or profit from any
clothing or other donations collected via the bin.
4.
In cases when any entity other than the entity which owns the bin
may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared or given entirely
to, an entity other than the entity which owns the bin, and identifying
all such entities which may share or profit from such donations; and
5.
A statement, consistent with the information provided to the Borough
in the most recent permit or renewal application indicating the manner
in which the entity anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of collected donations would be allocated or spent.
e.
The clothing donation bin shall comply with the following:
1.
Clothing donation bins are not permitted in residential zones unless
approved by the Borough Council at a public hearing before the Council.
Notice of the public hearing by personal service or by certified mail,
return receipt requested, shall be made to all property owners within
200 feet of the property upon which the clothing donation bin is to
be located at least 10 days before the public hearing.
2.
The clothing donation bin must be located at least 10 feet off of
the property line.
3.
The clothing donation bin shall be buffered on three sides by fencing
of adequate size and quality so as to limit the impact on the neighboring
properties.
[Ord. No. 2010-10]
It shall be the duty of each registered charitable organization
issued a permit hereunder to properly maintain and service any clothing
donation bin placed within the Borough so as to prevent such clothing
bin from creating any nuisance, hazardous or unsafe condition.
[Ord. No. 2010-10]
The Zoning Officer or other person designated by the Borough
Council as a person authorized to enforce the provisions of this section
shall, upon receipt of a complaint by a local resident or any other
person that a clothing donation bin is causing a nuisance, hazardous
or unsafe condition, investigate such complaint and take such enforcement
action as is permitted pursuant to N.J.S.A. 40:48-2.62 and N.J.S.A.
40:48-2.63. The Zoning Officer shall not be authorized to issue more
than eight total clothing donation bin permits within the Borough,
and no more than two at any given site.
[Ord. No. 2010-10]
Any licensee who violates any provision of this section and
fails to cure such violation within five business days of notice of
such violation shall be subject to the following penalties, in addition
to those penalties and remedies set forth in N.J.S.A. 40:48-2.62 and
40:48-2.63:
[Ord. No. 2010-10]
The owner of any clothing donation bin which is sponsored by
any department of the Borough shall be required to comply with the
licensure requirements hereof, but shall specifically be exempt from
the fee requirement hereof.
[Ord. No. 2011-05; Ord. No. 2014-03]
As used in this section, these terms shall have the following
meanings:
a.
FILMING - Shall mean the taking of still or motion pictures either
on film, videotape, or similar recording medium, for any purpose intended
for viewing on television, in theaters or for institutional uses.
This term shall not include family videos and photography and news
media, as defined herein, or as otherwise provided herein.
b.
MOTION PICTURE, TELEVISION PICTURES, STILL PHOTOGRAPHY - Shall mean
all activities attendant to the staging and/or shooting of commercial
motion pictures, television series, television movies, commercials
and to the taking of single or multiple photographs for sale or commercial
use where the photographer sets up stationary equipment in any one
location for longer than five consecutive minutes.
c.
MAJOR MOTION PICTURE - Shall mean any film which is financed and/or
distributed by a major motion picture studio or corporation for presentation
in movie theaters, including any filming activity connected with any
part of such a production; provided that the production has an overall
budget of $2,000,000, or more.
d.
NEWS MEDIA - Shall mean photographic, filming, and/or videotaping
for the purpose of a television news broadcast or reporting for print
media by reporters, photographers or cameramen.
e.
STUDENT FILMS - Shall mean motion picture, television or still photography
produced to satisfy a course or curriculum requirement at an accredited
educational institution. The student filmmaker must supply proof that
he/she is currently enrolled in any such educational institution.
f.
FAMILY VIDEOS AND PHOTOGRAPHY - Shall mean the filming or videotaping
of motion pictures, or still photography, intended solely for private
use.
g.
PUBLIC LANDS - Shall mean the areas including but not limited to
any public building, street, sidewalk highway, sidewalk, square, park,
playground, the beachfront, boardwalk and the marina, and other public
places, which is within the jurisdiction and control of the Borough
of Fair Haven.
[Ord. No. 2011-05; Ord. No. 2014-03]
a.
No person shall use any public lands or private property, public
right-of-way, facility, and/or residence for the purpose of taking
motion pictures, television pictures or still photography without
first applying for and receiving a permit from the Borough Clerk or
the Borough Administrator of the Borough of Fair Haven, as applicable.
b.
The permit shall set forth the approved location of such filming and also the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than three consecutive days in any one location and in no event shall filming at one location within the Borough exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by subsection 4-17.1c. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
c.
All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Administrator and be accompanied by permit fees in the amounts established by this section in subsection 4-17.10.
d.
If a permit is issued and filming does not in fact take place on
the dates specified due to good cause, including but not limited to
reasons of inclement weather, the Borough Administrator may issue
a new permit for filming on other dates subject to full compliance
with all other provisions of this section. No additional fee shall
be paid for this new permit.
e.
The provisions of this section shall not apply to news media, family
videos and/or student films.
f.
The provisions of this section shall not apply to all activities
attendant to the staging and/or shooting of a segment of a television
series where all such activities occur on private property and within
a commercial building or other structure which is not in a residential
area and is not visible outside of such building or structure provided
that the filming activities do not exceed three days.
[Ord. No. 2011-5; Ord. No. 2014-03]
a.
Permits shall be issued by the Borough Clerk or Borough Administrator.
Any such review shall determine whether any additional municipal services
may be reasonably required depending upon the nature of the activities
proposed.
b.
Expedited permits may be issued by the Borough Clerk or Borough Administrator
upon payment of the requisite fee. The Borough Clerk or Borough Administrator,
after consultation with the Chief of Police, the Superintendent of
Public Works and two Council members, may issue the permit, so long
as the application complies with all other requirements of this section.
The Borough Clerk or Borough Administrator may determine whether any
additional municipal services may be reasonably required depending
upon the nature of the activities proposed. Expedited permits shall
be issued at the close of the fourth business day after submission
of a complete permit application.
c.
No permits shall be issued unless all fees and reasonably necessary
reimbursable expenses are paid to the Borough.
d.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough of Fair Haven with satisfactory
proof of the following:
1.
Proof of insurance coverage including but not limited to, for Bodily
injury to anyone person in the amount of $1,000,000 and any occurrence
in the aggregate amount of $3,000,000;
2.
For property damage for each occurrence in the aggregate amount of
$1,000,000;
3.
A written hold harmless and indemnification agreement acceptable
to the Borough Attorney.
4.
The posting of cash or maintenance bond for the value of $500 protecting
and insuring that the location utilized for the filming will be left,
in a satisfactory condition, free of debris, rubbish, and equipment,
and that due observance of all Borough Ordinances, laws, and regulations
will be followed. Within seven days of the completion of the filming,
the Borough will return the bond if there has been no damage to the
public property or public expense caused by the filming.
e.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Fair Haven Police Department, the Fire Chief and the Borough Administrator
and with respect thereto.
f.
The applicant shall conduct filming in such a manner as to minimize
the inconvenience or discomfort to adjoining property owners as a
result of such filming and shall, to the extent practicable, abate
noise and park vehicles off the public streets. All vehicles parked
on public streets and right-of-ways shall be done so in accordance
with all applicable State and local regulations.
g.
The holder shall not interfere with previously scheduled activities
upon public lands and limit, to the extent possible, any interference
with normal public activity on such public lands.
h.
The applicant shall give written notice of the filming to all businesses
and residents within 200 feet of the filming location and further
provide written proof of such notice at least three business days
prior to the submission of a completed permit application. Such written
notice shall be in a form acceptable to the Borough Clerk or Borough
Administrator and shall inform such businesses and residents that
objections may be filed with the Borough Clerk within the next three
business days, said objections to form a part of applicant's application
and be considered in the review of the same. However, an applicant
may request a waiver of the notice requirement, or if the Borough
Clerk or Borough Administrator finds that by not giving notice there
would be less of a potential for disruption, if the permit is granted,
then a waiver may be granted by the Business Administrator as applicable.
[Ord. No. 2011-05; Ord. No. 2014-03]
Filming in residential areas shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. except from May 1 to November 1 of each year filming in residential areas shall be further limited to non-holiday weekdays and no nighttime filming shall be permitted. All activity shall meet the standards of Section 3-1, "Noise" of this Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with subsection 4-17.6 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
[Ord. No. 2011-05; Ord. No. 2014-03]
a.
The Borough of Fair Haven may refuse to issue a permit whenever it
determines, on the basis of objective facts and after a review of
the application by the Police Department and by other Borough agencies
involved with the proposed filming site, that filming at the location
and/or the time set forth in the application would violate any law
or ordinance or would unreasonably interfere with the use and enjoyment
of adjoining properties, unreasonably impede the free flow of vehicular
or pedestrian traffic or otherwise endanger the public's health, safety
or welfare.
b.
The Borough reserves the right to require one or more Fair Haven
Police Officer(s), Fire Department personnel or any such other specialized
Borough officials to remain on site during the times indicated on
the permit, in situations where the production may impede the proper
flow of traffic, or otherwise impact upon public safety. The cost
of all such personnel shall be borne by the applicant as cost of production.
Where existing electrical power lines are to be utilized by the production,
an on-site licensed electrician may be similarly required if the production
company does not have a licensed electrician on staff.
[Ord. No. 2011-05; Ord. No. 2014-03]
The Borough may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this section, the Borough shall consider factors including
but not limited to the following:
a.
Traffic congestion at the location;
b.
The applicant's ability to remove film-related vehicles off the public
streets;
c.
Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
d.
Nature of the film shoot itself; e.g. indoor or outdoor; day or night;
on public lands or private lands; proximity to residential neighborhoods;
potential for disruption of normal residential or business activities;
and
e.
Prior experience of the film company/applicant with the Borough,
if any.
[Ord. No. 2011-05; Ord. No. 2014-03]
Copies of the approved permit shall be sent to the Police and
Fire Departments before filming takes place. The applicant shall permit
the Police Department, the Fire Chief or other Borough inspectors
to inspect the site and equipment to be used. The applicant shall
comply with all safety instructions issued by the Police Department,
the Fire Chief, or other Borough inspections.
[Ord. No. 2011-05; Ord. No. 2014-03]
In addition to any and all other fees or costs mentioned in
this section, the applicant shall reimburse the Borough for any lost
revenue, including but not limited to, repairs required to public
property, and any revenues that the Borough was prevented from earning
because of the filming.
[Ord. No. 2011-05; Ord. No. 2014-03]
a.
With regards to filming being done on a major motion picture, and upon a favorable review of the factors set forth in subsection 4-17.6 the Borough may grant an exemption of the three consecutive filming day limit and/or the six total filming days within a calendar year limit as defined in subsection 4-17.2;
[Ord. No. 2011-05; Ord. No. 2014-03]
The schedule of fees for the issuance of permits authorized
by this section are as follows:
a.
Basic filming permit: $250.
b.
Expedited permit: $1,000.
c.
Daily filming fee payable in addition to basic filming permit: $500
per day.
d.
Daily filming fee payable for filming a major motion picture: $1,500
per day.
e.
Filming permit for nonprofit applicants filming for educational purposes:
$25 one time fee.
f.
Overnight parking/Use of Borough lot: at cost.
g.
Police/Fire protection: at cost.
h.
Use of Borough buildings or public parks: $1,500 per day.
The Borough Council may waive or reduce any fees due under this
subsection of the section after written request by the licensee.
[Ord. No. 2011-05; Ord. No. 2014-03]
Where the owner of the premises is not the applicant for a permit
required by this section, both the owner and the applicant shall each
be liable for violations hereof. Any person violating this section
or these rules and regulations, upon conviction thereof, shall be
punished by a fine not exceeding $1,000 per day or by imprisonment
in the County jail for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Ord. No. 2011-10]
a.
The Borough Council designates the Borough Clerk of the Borough of
Fair Haven as the person having the authority to approve the granting
of raffle and bingo licenses pursuant to the terms of N.J.A.C. 13:47-1.1.
Such license issuance will thereafter be reported to the Governing
Body in the Borough Clerk's monthly report.
b.
The Borough Clerk shall file a certified copy of this section with
the Legalized Games of Chance Control Commission.
[Ord. No. 2011-24]
No person shall engage in, or carry on, any business, commercial
or professional activity, an industry, or an occupation, in the Borough,
without first having registered with the Borough or without complying
with any and all provisions concerning the same contained in this
section, or in any other related ordinance adopted by the Borough.
For the purpose of this section, a person shall be deemed to be engaging
in a business, commercial or professional activity, an industry, or
an occupation when he sells any goods or services; solicits business
or offers goods or services for sale or hire; or acquires or uses
any vehicle, machine, or device on any premises in the Borough for
any of the purposes. Any agent, servant, employee or any other representative
of a corporation, partnership, individual, natural person, joint venture,
society, association, club, trustee, trust or unincorporated group
shall be personally responsible for compliance with this section by
his principal and by the business he represents.
A single registration shall be required for business entities
operating from the same address in the Borough, provided that all
of the entities included on a single registration have the same majority
owners or shareholders, and provided that each individual or party
owning more than 50% of any of the entities is listed on the registration
application. No registration shall be required of an entity based
outside of the Borough if the entity is called into the Borough for
the purpose of performing work duties or providing services at a site
in the Borough, but this sentence shall not exempt any such entity
from registering under any other ordinance of the Borough if the entity
is otherwise covered by the provisions of any such ordinance. Registration
shall be required for all activities encompassed in this section regardless
of the intended duration of the activity in the Borough.
If a business opens during the licensing year, the business
must be registered with the Borough within 30 days of opening.
[Ord. No. 2011-24]
Application for registration of a business, commercial or professional
activity, an industry, or an occupation shall be made to the Borough
Clerk of the Borough of Fair Haven, Monmouth County, New Jersey. The
application shall specify the name and address of any person owning
or controlling an interest of more than 50% in each entity or for
which registration is being made, or in the event there is no such
person owning or controlling a majority interest, the name and address
of at least one person who has an ownership interest in the activity;
the name and address and telephone number of the person in charge
of the activity in the Borough; and other information which the Borough
Clerk shall require for purposes of enforcing this section. Upon the
filing of the application, a registration certificate shall be issued
to the applicant, which registration certificate shall bear the name
of the entity to whom it is issued, the nature of the activity being
registered, and the location at which the activity is to be conducted.
[Ord. No. 2011-24]
There shall be no fee for the annual registration provided that
the registration is filed with the Borough Clerk on or before July
1st of each year. Filing after September 30th of any year will result
in a registration fee of $25 for that year.
[Ord. No. 2011-24]
Prior to April 30 of each year, the Borough Clerk shall mail
via regular mail or e-mail to all valid registrants of the Borough
a statement of the time of expiration of the registration certificate
held by the registrant, a renewal application. However, the failure
of the Borough Clerk to send out such notice, or the failure of the
registrant to receive it, shall not excuse a registrant for failing
to obtain a registration certificate, nor shall it be a defense in
an action for operating without having properly registered.
Renewal can be made electronically to the Clerk.
