Editor's Note: For licensing of animals, kennels and pet shops see Chapter 10, Animal Control; for fireworks see Chapter 6, subsection 6-2.11; for licensing and regulation of towers and wreckers see Chapter 8, Towing; for residential rental property registration see Chapter 27. See also the Board of Health Code.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos:
95/13; 95/18, OR:13/17, 2015-15 § 1, New, 2016-16.
[Ord. No. 2017-13]
As used in this section:
Shall mean every person who has applied for a permit to peddle,
solicit and canvass in the Borough.
Shall mean any person who goes from door to door, or from
place to place, by traveling on the streets and roads, or stands within
the streets and roads or public rights-of-way, for the purpose of
obtaining the views of any person upon any economic or social question
or project or for the purpose of distributing literature, leaflets,
pamphlets, advertisements, circulars, samples, door hangers or other
written material for the purposes of information and/or advertising.
Shall mean for the purpose of selling goods, services or
wares or advertising goods, services or wares with an intent of profit-making.
However, no peddling, canvassing, or soliciting by nonprofit or charitable
organizations shall be considered a "commercial purpose."
Shall mean any and all goods or wares which are ordinarily
the objects of trade and commerce. Merchandise shall also mean and
refer to orders or contracts for a service, home improvement or alteration.
Shall mean those purposes which are not commercial.
Shall mean any person who goes from door to door, or from
place to place, by traveling on the streets and roads, or stands within
the streets and roads or public rights-of-way, in an effort to take
orders for present or future delivery of merchandise, as defined hereinafter.
Shall mean any person who goes from door to door, or from
place to place, by traveling on the streets and roads, or stands within
the streets and roads or public rights-of-way, to plead or ask for
contributions or donations, monetary or otherwise, for any person,
group, association or corporation.
[Ord. No. 2017-13]
a.
Any person desiring to peddle, solicit, or canvas for a commercial
purpose within the Borough must apply for and receive, prior to such
activity taking place, a commercial peddling, soliciting, and canvassing
permit from the Borough Clerk.
b.
A separate application shall be required for each entity or person
peddling, soliciting or canvassing. In addition, each applicant shall
pay a non-refundable administrative fee of $110. Each applicant shall
agree to be fingerprinted for the purpose of a criminal record verification.
The fingerprint impressions are performed by a third party. The necessary
form and instructions will be provided by the Borough Clerk to the
applicant at the time of application. Applicant shall bear the cost
of this verification. Every application shall contain the following
information:
1.
Name, age, physical description and social security number of applicant.
2.
Complete permanent home and local address, if any, of the applicant.
3.
A statement as to whether or not the applicant, or any person hereunder
selected by the applicant to solicit, canvass or peddle, has been
convicted of any public offense and, if so, the nature of the offense
and the penalty imposed, if any.
4.
Two recent photographs of the applicant which shall be approximately
two and one-half inches by two and one-half inches (2.5 x 2.5) in
size showing the head and shoulders of the applicant.
5.
The name, address and telephone number of at least three business
or character references of the applicant.
6.
The name and address of the person, group, organization or corporation
for whom the applicant intends to solicit, canvass or peddle, or the
supplier of the goods to be solicited, canvassed or peddled. If the
applicant purports to be an employee of a company on behalf of whom
they will be peddling, soliciting, or canvassing, the applicant must
provide proof of employment.
7.
The make, model, year, color and license plate number of each automobile
to be used by the applicant.
8.
A statement as to whether the applicant has been denied a soliciting,
canvassing or peddling permit within the previous year and the reasons
therefor, if any.
9.
The approximate number of dates during which the applicant intends
on peddling, soliciting and canvassing and the anticipated daily hours
during which such permitted activities will take place.
10.
Proof that the applicant carries and maintains in force insurance
covering its operations written by an insurance company licensed to
do business in the State of New Jersey. Such insurance must provide
comprehensive general liability insurance of $500,000 (combined single
limit each occurrence).
11.
A copy of the applicant's government issued picture identification
card.
c.
Issuance or Denial of a Permit Application.
1.
Upon receipt of a complete application, the Borough Clerk shall, within two days, transmit the application to the Chief of Police, or designee, who shall initiate, within five days, an investigation of the business and moral character of the applicant for protection of the public welfare. The Chief of Police, or designee, shall complete the investigation and transmit any recommendations under subsection 11-1.2c2 and 3 of the Revised General Ordinances of the Borough of Watchung to the Borough Clerk within 30 days of initiating such investigation unless the Chief of Police, or designee, is at that time awaiting information concerning the applicant from the criminal record verification after a timely request.
2.
If, as a result of such investigation, the applicant's moral
or business character is determined to be unsatisfactory pursuant
to this subsection, the Chief of Police, or designee, shall recommend
the denial of the requested permit to peddle, solicit, or canvass
in the Borough of Watchung. Any such determination shall not be discretionary,
but shall be based on one or more of the following findings:
(a)
The applicant has been convicted of an indictable offense within
the past five years.
(b)
The applicant has purposefully misrepresented material information
on the requisite application.
(c)
The applicant has been convicted of any disorderly person offense
for which he cannot give an account sufficient to satisfy the Chief
of Police, or designee, that he will not pose a threat to the public
welfare.
(d)
The past business endeavors of the applicant, or the company
who employs or contracts with the applicant, have been found fraudulent
by a competent authority or the applicant has been found to misuse
or misappropriate funds in prior business dealings.
(e)
The applicant lacks proof of required insurance.
3.
The Chief of Police, or designee, shall detail the finding(s) which
caused the recommendation of the denial of the application and the
evidence supporting the recommendation.
4.
If, as a result of such investigation, the applicant's moral
and business character is determined to be satisfactory, the Borough
Clerk's office shall issue a permit upon which the Borough Clerk
shall affix:
5.
Along with the issuance of all permits, the Borough Clerk shall also
issue, and require a signed form acknowledging receipt of a copy of
the Borough's Do Not Knock List and Do Not Drop Off list.
d.
Appeal. In the event an application is denied by the Borough Clerk,
the applicant shall have the right to appeal within 10 days to the
Mayor and Borough Council which shall set a time and place for a hearing
to be held to review the findings of the Chief of Police; provided,
however, that the hearing shall be held within 28 days of such an
appeal and it shall be held at a reasonable time and place. The applicant
shall be given an opportunity to present why the application should
be approved and a permit should be issued.
e.
Expiration and Renewal of Permits. All permits issued under the provisions of this subsection shall expire on December 31 of the calendar year in which the permit is issued. A permit cannot be renewed except by making a new application to the Borough Clerk pursuant to subsection 11-1.2 of the Revised General Ordinances of the Borough of Watchung.
f.
Exhibition of Permit. Each permit holder shall prominently display
the permit whenever soliciting, canvassing or peddling in the Borough
so that same is observable to any person addressed by the permittee.
g.
Any commercial peddling, soliciting, and canvassing permit may be
revoked by Chief of Police, or designee, for any of the following
reasons:
1.
Fraud, misrepresentation or any incorrect statement made in the course
of carrying on any of the activities regulated by this section of
the Revised General Ordinances of the Borough of Watchung.
2.
The occurrence of any of the events detailed in subsection 11-1.2 of the Revised General Ordinances of the Borough of Watchung which would have precluded the initial issuance of the permit.
3.
Conducting an activity, permitted or otherwise, in such a manner
as to constitute a breach of the peace or a menace to the health,
safety or general welfare of the public.
[Ord. No. 2017-13]
a.
Any persons desiring to solicit, canvas or peddle for a noncommercial purpose are exempt from the permitting requirements of subsection 11-1.2 of the Revised General Ordinances of the Borough of Watchung. However, such persons must apply for and receive a special noncommercial peddling, soliciting, or canvassing permit prior to any such activities taking place. The application shall contain the following information:
1.
The date of application.
2.
Name, age, physical description, and local address of each the person
who will solicit, canvass or peddle on behalf of the person or organization.
3.
Name, address and telephone number of the organization, if any, on
whose behalf the activity shall be undertaken.
4.
The estimated dates and daily hours during which the peddling, soliciting
or canvassing will take place.
b.
Upon being satisfied that the applicant has provided this information,
the Borough Clerk shall issue a special noncommercial peddling, soliciting,
or canvassing permit which shall expire on December 31st of the year
it was issued.
c.
All such permit-holders shall keep proof of their permit approval on their persons at all times during their peddling, soliciting, or canvassing which, for the purposes of subsection 11-1.3 of the Revised General Ordinances of the Borough of Watchung, shall be the notification of approval from the Borough Clerk.
d.
An organization, for whom a person intends to peddle, solicit, or
canvass for a noncommercial purpose, may apply on said person's
behalf, for a special noncommercial peddling, soliciting, and canvassing
permit.
[Ord. No. 2017-13]
a.
The following entities are exempt from the requirements of Section 11-1 of the Revised General Ordinances of the Borough of Watchung:
1.
Any person honorably discharged from the military services of the
United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and -10.
2.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and -10, possessing a license in conformity
with said law.
3.
Any public utility or its employees, which public utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by their employer. Third party suppliers of electrical
services are not exempt under this provision.
4.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things, in the regular course of business, to
the premises of persons who had previously ordered same or were entitled
to receive same by reason of a prior agreement.
5.
Any person soliciting snow shoveling services within 24 hours of
a snowstorm.
[Ord. No. 2017-13]
a.
No person, whether or not subject to the permitting requirements of Section 11-1 of the Revised General Ordinances of the Borough of Watchung, shall peddle, solicit or canvass either before 9:00 a.m. or after 9:00 p.m. on any given day.
b.
No permit holder shall solicit, canvass or peddle upon premises whereupon
a sign is posted which indicates that the permit holder or such permit
holder's activities are not welcome. Such a sign may, but is
not required to, state: "No Peddlers, Solicitors, and Canvassers Invited."
c.
Permit holders shall not walk upon front yards or back yards to move
from property to property or building to building unless invited to
do so by the property owner.
d.
No permit holder shall enter or attempt to enter the house or apartment
of any resident of the Borough without an express invitation from
an occupant thereof.
e.
All literature, leaflets, pamphlets, advertisements, circulars, samples,
door hangers or other written material being canvassed or peddled
shall be handed to an occupant of the property or left in a secure
place thereon.
f.
All permit holders must comply with the provisions of Section 6-10 of the Revised General Ordinances of the Borough of Watchung, an ordinance which prohibits the peddling, soliciting or canvassing and dropping off of literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers, or other written material (except those specifically requested by the resident) on the premises of residents who have chosen to be placed on the Borough's Do Not Knock/Drop Off List. (See Section 6-10)
[Ord. No. 2017-13]
[1972 Code § 55-1]
As used in this section:
Shall mean all automatic amusement games, commonly known
and designated as bagatelle, baseball or pin amusement games or similar
machines or devices, operated, maintained or used in any public or
quasi-public place or in any building, store or other place where
the public is invited or may enter for use as a game, entertainment
or amusement, including, but not limited to such devices as bagatelle,
baseball or pin amusement games and all games, operations or transactions
similar thereto, including video type games or machines or similar
devices that use a display screen and also including projection booths
or designated areas for movies, film, video cassettes or the like,
to be viewed and operated as set forth above.
Shall mean any person in whose premises any automatic amusement
device is placed or kept for operation.
[1972 Code § 55-2]
The purpose of this section is to require licenses and to regulate
the business of amusement devices so as to prevent nuisances to patrons
and the public, fire hazards or crowding, poor ingress and egress
at the premises on which amusement devices are located, the promotion
of gambling, loitering or the creation of an unhealthy atmosphere
for the youth of the community and other foreseeable and undesirable
effects of such devices.
[1972 Code § 55-3; New]
Annual license fee of $100 for the placing, operation, maintenance
or use of each such amusement device or machine to be used or operated
shall be paid for each such license upon the issuance thereof, and
such license, when granted, shall expire on the first day of August
next following the date when such license was issued. The full amount
of the fee shall be payable without proration and shall accompany
the license application.
[1972 Code § 55-4; New]
The application shall be in writing and made by the person asking
therefor, setting forth the amusement devices or machines, the location
and description of the same or premises in which the amusement devices
or machines are to be placed, operated or maintained, the full name
and address of each person or corporation interested therein, as owner,
and the number of machines or devices to be licensed. The application
shall be submitted to the Borough Clerk, together with an application
fee of $15. Upon receipt of the application, an investigation shall
be made by the Fire Chief or his designee, and the Building Subcode
Official, for the purpose of inspecting the premises and location
of the proposed machines to determine whether the premises and location
of the machines will comply with existing fire regulations, the Uniform
Fire Code and the Uniform Construction Code. Upon completion of their
investigations, the reports are to be attached to the application
and returned to the Borough Clerk.
In addition, the Chief of Police shall examine the application
and attach to the same a report advising whether the applicant or
any person connected with the applicant in connection with the operation
of the establishment where the devices are to be installed, has ever
been convicted or pleaded guilty to a crime relating to narcotics
or controlled dangerous substances as defined by the statutes of the
State of New Jersey, or a crime pertaining to gambling or gaming in
violation of the statutes of the State of New Jersey, or a crime involving
moral turpitude.
After the proper approvals are received concerning compliance as hereinafter provided, the license may be issued upon the payment of the license fee, as set forth in subsection 11-2.3 and, upon issuance, the license is required to be posted conspicuously in the licensed premises.
[1972 Code § 55-5]
The holder of a validly issued license shall be permitted, upon
payment to the Borough Clerk of a ten ($10.00) dollar fee, to transfer
the license to any other like machine operated in the same premises,
in place of the machine from which the license is transferred.
[1972 Code § 55-6]
At any time after the granting of the license under this section,
the Borough Council, in exercising its reasonable discretion, may
revoke the license, if it determines (a violation of) any of the following:
a.
Gambling on the premises.
b.
False or incorrect material in the application or information furnished
by the applicant.
c.
Failure to maintain good and safe conduct on the premises.
d.
If the presence or use of the devices results in a disturbance to
the public or to other patrons of the premises, creating a nuisance.
Revocation shall require proper notice to be given to the licensee,
setting forth the reasons for the proposed revocation. The applicant,
upon receipt of the notice, may, within 10 days from the receipt of
the notice, in writing, request a hearing and be afforded an opportunity
to dispute or disprove the reasons set forth for the proposed revocation.
If no hearing is requested, the license will be considered to be revoked.
If a hearing is requested and held, the Borough Council shall make
a decision within 15 days from the date of the hearing. Upon revocation
of any license, the licensee shall not be entitled to the return of
any part of the license fee paid.
[1972 Code § 55-7]
In the event any license is issued by the Borough which is contrary
to the zoning laws of the Borough or in contravention of other municipal,
County or State regulations, then it is understood that the issuance
of any such license and acceptance of a fee therefor, under this section,
shall not be deemed a recognition of the validity of the use of such
device and the Borough reserves all its rights and powers to prosecute
for illegal location or use under any other ordinance or law.
[1]
Editor's Note: See also Borough Zoning Regulations.
[1972 Code § 55-8; New]
[1972 Code § 131-1; Ord. No. 06/15 § 1]
As used in this section:
Shall mean any automatic vending machine used for the sale
of cigarettes, cigars, tobacco and/or matches, and controlled by the
insertion of a coin or coins.
Shall mean any music-vending machine, contrivance or device
which, upon the insertion of a coin, slug, token, plate, disc or key
into any slot, crevice or other opening, or by the payment of any
price, operates or may be operated for the emission of songs, music
or similar amusement.
Shall mean any machine or device, whether automatic or not,
controlled by the insertion of paper money, coins or credit cards,
for the vending or service of food, liquids, confections, goods, wares,
merchandise or articles of any type, kind or description.
[1972 Code § 131-2]
It shall be unlawful for any person, partnership, joint venture,
society, association, club, trustees, trust, corporation or unincorporated
group, either directly or indirectly, to operate or put to use any
cigarette vending machine, jukebox or vending machine, or to use in
connection with the foregoing any vehicle, premises, machine or device,
in whole or in part, unless a license therefor is first procured and
kept in effect at all times as required by this section or by any
other law or ordinance of the Borough.
[1972 Code § 131-3]
The agents, servants, employees or other representatives of
corporations, partnerships, resident or nonresident individual natural
persons, joint ventures, societies, associations, clubs, trustees,
trusts or unincorporated groups shall be personally responsible for
compliance with this section by their principals and by the businesses
they represent.
[1972 Code § 131-4]
Every person required to procure a license under the provisions
of this section shall submit an application for such license to the
Borough Clerk at the Borough Hall, which application shall be accompanied
by the full amount of the fees chargeable for the license applied
for.
[1972 Code § 131-5; New]
The application shall be a written statement upon forms provided
by the Borough Clerk and shall contain the following:
a.
Name of person to whom license will be issued and his residence address.
If applicant is not an individual, then the names and residence addresses
of all partners, stockholders, officers or registered agent.
b.
Name and address of establishment where coin-operated automatic machines
will be used.
c.
Name and address of employee personally in charge of these machines.
d.
Previous license history of the applicant including any previous
revocation or suspension and the reasons therefor.
e.
Statement of conviction of any crime or offense, with details of
arrest and conviction, if applicable.
f.
Number of machines to be licensed.
[1972 Code § 131-7; New]
Upon written request of the Borough Clerk, the Chief of Police
shall ascertain if the applicant has any criminal record and report
in writing affirmatively or negatively thereon within a reasonable
time, not to exceed seven days after the request is made. In the event
of an affirmative report, the Chief of Police shall recommend therein
his approval or disapproval of the granting of a license, giving his
reasons therefor, such recommendation to be considered in determining
license eligibility.
[1972 Code § 131-9]
a.
Application for renewal of a license shall be a written statement
on the forms provided by the Borough Clerk; except, however, where
the licensee has not reapplied for a license during any one calendar
year, the licensee's application for renewal of a license shall
follow the same procedure as is outlined in the preceding subsections
for an original application.
b.
Application for transfer of a license shall follow the same procedure
as is outlined in the preceding subsections for an original application.
[1972 Code § 131-10; New]
The annual license fee shall be $10 per machine.
[1972 Code § 131-11]
All licenses shall commence as of the first day of January in
each year and shall expire on the thirty-first day of December in
the year of issuance. On transfer of location of licensed business
to a new location within the Borough, or on the sale of a going business
remaining in the Borough, licenses may be transferred, provided the
annual license fee for the year has been paid and a transfer fee of
$5 is paid to the Borough Clerk. Failure to procure a license shall
result in a fee of $20.
[1972 Code § 131-12]
A duplicate license may be issued by the Borough Clerk to replace
any license previously issued, which license has been lost, stolen,
defaced or destroyed without any willful conduct on the part of the
licensee, upon the filing by the licensee of an affidavit sworn to
before a notary public of the State of New Jersey attesting to such
fact and payment to the Borough Clerk of a fee of $5.
[1972 Code § 131-13]
No rebate or refund of any license fee, or any part thereof,
shall be made by reason of retirement of licensee from business or
by reason of the non-use of such license for all or any portion of
the licensed year, or by reason of a change of location or business
or by reason of fire or other accident or other casualty rendering
the use of such license ineffective.
[1972 Code § 131-14]
Each license issued hereunder shall state upon its face the
following:
[1972 Code § 131-15; New]
Every licensee under this section shall:
a.
Permit all reasonable inspections of his business.
b.
Not operate the licensed businesses on premises after expiration
of his license or during a period when his license is revoked or suspended.
c.
Post and maintain his license permanently and conspicuously at the
location of the machine or device in the premises wherein the same
is to be operated or maintained to be operated, and affix thereto
any insignia delivered for use therewith upon the outside of the same
so that it may be seen at all times.
d.
Not loan, sell, give or assign to any other person, or allow any
other person to use and display, or to destroy, damage or remove,
or to have in his possession, except as authorized by the Borough
Clerk or by law, any license or insignia which has been issued to
the licensee.
[1972 Code § 131-16]
It shall be the duty of the Chief of Police and any police officer
to inspect all places of business of the Borough to determine if this
section has been complied with and to enforce the provisions of this
section against any person found to be violating the same.
[1972 Code § 131-18; New]
The Borough Council may authorize the issuance of special permits,
without the payment of any license fees or other charge therefor,
to any nonprofit charitable, educational, fraternal or religious organizations
for the conduct or operation of a fundraising event for a period not
to exceed 10 days. However, applicants shall submit the usual application
form in the manner as hereinbefore required and shall operate, if
granted a permit, in accordance with the requirements of this section.
[1972 Code § 131-19]
Any permit or license granted or issued pursuant to this section
may be revoked by the Mayor and Council, after notice and hearing,
for any of the following causes:
a.
Any fraud, misrepresentation or false statement contained in the
application for license.
b.
Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise.
c.
Any violation of this section.
d.
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude.
e.
Conducting the business licensed under this section, through applicant
himself, or any of his agents, servants or employees, in any unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
[1972 Code § 131-20]
Notice of hearing for revocation of license under subsection 11-3.16 shall be given in writing by the Borough Clerk, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee at his address indicated on the license application at least five days prior to the date set forth for the hearing.
[Ord. No. 96/12]
Except as provided in subsection 11-3.19, all cigarette vending machines are hereby prohibited within the Borough.
[Ord. No. 96/12]
If the owner of a cigarette vending machine duly licensed as
of May 1, 1996 conclusively proves to the Watchung Board of Health
that the location of the cigarette vending machine is such that minors
will not have access thereto, then upon application, formal hearing
and determination by the Board of Health that such is the case, the
Board of Health shall issue a written recommendation to the Borough
Clerk recommending that a license be issued for said cigarette vending
machine. The licensee shall pay a fifty ($50.00) dollar annual licensing
fee per machine to help defer the costs of inspection.
[Ord. No. 96/12]
In addition to those persons identified in subsection 11-3.14 of this section, the Borough Health Officer, Sanitarian, Environmental Officer, and Code Enforcement Officer are authorized to enforce the provisions of the cigarette vending machine subsections 11-3.18 through 11-3.20. In order to enforce said subsections, the Health Officer or his designee, or any other person charged with enforcement under this section, after giving proper identification, may inspect any matter, thing, premise, place, person, record, or vehicle as necessary for the enforcement of this section. If any inspection conducted pursuant to this subsection reveals that any minor has or had access to a licensed cigarette vending machine, then the license for said machine shall be null and void and the licensee shall be subject to the provisions of subsection 11-3.21.
[Ord. No. 96/12]
In addition to the provisions for revocation, any enforcing
or inspecting personnel identified in this section or any taxpayer
or resident of the Borough may make complaint in the Municipal Court
of the Borough of Watchung for any violation of this section or any
section, paragraph or provision thereof. Upon conviction in such case,
for each and every violation, the person committing, taking part or
assisting in such violation or violations shall be subject to a fine
of not more than $500 or be imprisoned in the County jail for a period
not exceeding 90 days, or both, at the discretion of the Judge of
the Municipal Court. Each day that a violation is permitted to exist
shall constitute a separate offense.
[1972 Code § 59-1]
No person or corporation shall maintain, conduct or operate
or engage in or carry on the business of maintaining, conducting or
operating any poolroom, billiard room, bowling alley or place in which
pool, billiards or bowling shall be played for gain, hire or reward
in the Borough without a license to do so as hereinafter provided.
[1972 Code § 59-2; New]
A license fee equal to $100 for each pool table, billiard table
and/or bowling alley to be used or operated shall be paid for such
license upon the issuance thereof, and such license when granted shall
expire on the fifteenth day of January next following the date when
such license was issued.
[1972 Code § 59-3]
The license may be issued by the Borough Clerk upon the payment
of the license fee, but only after special resolution of the Mayor
and Council granting the same upon written application by the person
asking therefor, setting forth the location and description of the
room or premises in which the business is to be conducted, the full
name and address of each person or corporation interested therein
as owner and the number of pool tables, billiard tables and/or bowling
alleys to be used therein. No license shall be issued or valid for
any person or corporation other than the actual proprietor of the
rooms, place and business licensed; but in case of sale or transfer
of such business, the license may also be transferred upon consent
of the Mayor and Council and upon payment of a transfer fee of $10.
[1972 Code § 59-4]
It shall be unlawful to permit the use of any poolroom, billiard
room or bowling alley between the hours of 2:00 a.m. and 7:00 a.m.
prevailing time, and lawful at all other times.
[1972 Code § 59-5]
All licensees shall keep their licenses posted conspicuously
on the premises licensed.
[1972 Code § 59-6]
Any license granted hereunder may be revoked by the Mayor or
Judge of the Municipal Court upon proof that the poolroom, billiard
room or bowling alley is frequented by boisterous or disorderly persons
or that any gambling, gaming, disorderly conduct or other improper
practices are permitted or carried on therein.
[1972 Code § 59-7; New]
[1972 Code § 71-1]
As used in this section:
Shall mean establishments or businesses, restaurants and
taverns for profit, where shows, entertainment and dancing, the playing
of music, giving of exhibitions and all like enterprises designed
for the entertainment of patrons or customers occur as a regular,
advertised or stated feature of the establishments, businesses, restaurants
and taverns. If the shows, acts, dancing, entertainment, etc., occur
on an average of once in every two months during a twelve-month period,
they shall be deemed as a regular, advertised or stated feature.
[1972 Code § 71-2]
It shall be unlawful for any person, partnership, association or corporation to establish, construct or maintain any business, establishment, restaurant or tavern for use as a place of entertainment as defined in subsection 11-5.1 without a license and without paying an annual license fee of $250.
[1972 Code § 71-3]
The license shall expire on the thirtieth day of June of each
year, and may be renewed upon the payment of the fee per annum.
[1972 Code § 71-4]
The license shall not be transferable without the consent of
the Mayor and Council.
[1972 Code § 71-5]
Application for the license shall be made and filed with the
Borough Clerk each year on or before June 1, except that applications
for new licenses may be made between annual periods, provided that
the new license application shall be on file at least 30 days before
granting of the license.
[1972 Code § 71-6]
The application for license shall be under oath and shall state
a full personal history of the applicants, or, in the case of associations
or corporations, their officers and stockholders. It shall specifically
designate the history of arrests and convictions for crimes and offenses
of the applicants. It shall specifically state the kind and character
of entertainment proposed and the time or times and regularity thereof,
the kind of business or establishment, the number of employees and
all other pertinent details as may be required.
[1972 Code § 71-7]
All such establishments, businesses, taverns, etc., shall qualify
as not in violation of any other ordinances of the Borough, including
the Uniform Building Code, Uniform Fire Prevention Code and Board
of Health Ordinances, as well as the rules and statutes of any other
governmental agency.
[1972 Code § 71-8]
The licensed establishments shall not permit thereon persons
of known ill-repute, gamblers, persons with criminal records, persons
under the influence of intoxicants, prostitutes or any other person
or persons for illegal or immoral purposes.
[1972 Code § 71-9]
The licenses shall not permit shows of the type designated as
lewd, where undue or excessive exposure of the male or female form
is permitted, where suggestive, immoral or vulgar remarks are made
by performers, or where there is any entertainment which is lewd,
obscene or indecent.
[1972 Code § 71-10]
All applications for licenses shall be referred to the Police
Department, the Fire Department, the Board of Health, the Zoning Officers
and other Borough officials as the Mayor and Council may designate
for examination and investigation, and they shall report thereon to
the Mayor and Council prior to the issuance of any license.
[1972 Code § 71-11]
The Mayor and Council, in its discretion and upon compliance
with the terms of this section, may issue the license. It may also,
in consideration of the interests of the Borough, append and affix
to such licenses general and specific conditions consistent with this
section, which conditions shall be part of the license.
[1972 Code § 71-12; New]
a.
Any violation of the terms of this section, or the license issued hereunder, may be cause for the revocation thereof by the Mayor and Council. In addition thereto, any person or persons, who shall include officers and employees of associations or corporations, violating the provisions of this section, or of the license granted herein, shall, upon conviction, be subject to the penalty as stated in Chapter 1, Section 1-5, General Penalty.
[1972 Code § 77-9; New; Ord. No.
2015-15]
No person, firm or corporation shall manage, conduct, operate
or carry on the business of a filling station without first having
obtained a license therefor from the Borough Clerk. All gasoline pumps,
tanks or other containers for which permits or licenses have heretofore
been granted shall be and become subject to the terms of this section
and amendments thereto. All licenses shall terminate on the thirty-first
day of December following the date of issuance. A fee of $50 per annum
shall be paid for each nozzle to which tanks or other containers are
connected. No license granted under the provisions of this section
shall be assigned or transferred to any person, firm or corporation,
nor shall any such license authorize any person, firm or corporation
other than the licensee named therein to do business or act under
such license.
[Ord. No. 98/25]
This section shall apply to the operation and storage of taxicabs
and liveries within the limits of the Borough of Watchung.
[Ord. No. 98/25]
Unless otherwise provided herein, the following terms shall
have the following definitions:
Shall mean and include any automobile or motor car with a
carrying capacity of not more than nine passengers, not including
the driver, used in the business of carrying passengers for hire which
is held out, announced or advertised to operate or run or which is
operated or run over any of the streets or public highways of this
State, and which is hired by charter or for a particular contract,
or by the day or hour or other fixed period, or to transport passengers
to a specified place or places, or which charges a fare or price agreed
upon in advance between the operator and the passenger. Nothing in
this section shall be construed to include taxicabs, hotel use or
buses employed solely in transporting school children or teachers
or autobuses which are subject to the jurisdiction of the Board of
Public Utilities or interstate autobuses required by Federal or State
law or rules of the Board of Public Utilities to carry insurance against
loss from liability imposed by law on account of bodily injury or
death.
Shall mean and include the business or carrying passengers
for hire by limousines.
Shall mean and include any individual, copartnership, association,
corporation, joint stock company, or limited liability company, their
lessees, trustees or receivers appointed by any court whatsoever.
Shall mean and include any street, avenue, park, parkway,
highway or other public place.
Shall mean and include any automobile or motor car, commonly
called taxi, engaged in the business of carrying passengers for hire
which is held out, announced or advertised to operate or run or which
is operated or run over any of the streets or public highways of this
State, and particularly accepts and discharges such persons as may
offer themselves for transportation from points or places to points
or places within or without the State.
[Ord. No. 98/25]
No person shall hire out or keep or use for hire or pay, or
cause to be kept or used for hire or pay, any taxicab or limousine
without first having obtained, in the case of a taxicab, the consent
and issuance of a license by the Borough Council to operate the taxicab
on the streets of the Borough of Watchung pursuant to N.J.S.A. 48:16-1,
et seq.; and in the case of a limousine, a certificate of compliance
and license from the Borough Clerk pursuant to N.J.S.A. 48:16-13,
et seq. The operators of the vehicles referred to above shall comply
with all provisions of the cited statutes.
[Ord. No. 98/25]
No such consent and license shall become effective until the
owner of the taxicab or limousine shall have filed with the Borough
Clerk an insurance policy with a company duly licensed to transact
business under the insurance laws of this State in the statutory sums
to satisfy all claims for damages, both property and personal injury
claims. The Borough of Watchung's consent shall only be effective
as long as the insurance policy shall remain in force.
[Ord. No. 98/25]
The owner of a taxicab, limousine or livery service shall execute
and deliver to the Clerk of the municipality in which the owner has
its principal place of business, a power of attorney, wherein and
whereby the owner shall appoint the chief fiscal officer of the municipality
as its true and lawful attorney for the purpose of acknowledging service
of any process out of a court of competent jurisdiction to be serviced
against the insured by virtue of the indemnity granted under the insurance
policy.
[Ord. No. 98/25]
The Clerk of the Borough of Watchung, if the owner of the taxicab
or limousine has its principal place of business in the Borough of
Watchung, upon the filing of the required insurance policy, shall
issue a certificate and license in duplicate showing that the owner
of the taxicab or limousine has complied with this section. The certificate
shall recite the name of the insurance company, the number and date
of expiration of the policy, a description of every taxicab, limousine
or livery service insured thereunder, and the registration number
of the same. The duplicate certificate shall be filed with the Division
of Motor Vehicles before such car is registered as a taxicab, limousine
or livery service.
[Ord. No. 98/25]
Every application for municipal consent or certificate of compliance
and license shall disclose the name, address and driver's license
number of each driver of a taxicab, limousine or livery service. The
Borough of Watchung Police Department shall conduct an investigation
of each driver of a taxicab, limousine or livery service, and a report
of such investigation and a copy of the traffic and police report
for each driver, if any, shall be attached to the application for
municipal consent or certificate of compliance. Each taxicab, limousine
or livery service owner is required to immediately notify the Borough
and the Police Department of any new driver so that the Police Department
shall conduct the aforementioned investigation of the new driver.
If any owner fails to supply the above information the Borough shall
immediately revoke the owner's license.
[Ord. No. 98/25]
There shall be displayed on the exterior of the two front doors
of each taxicab the name or the trade name of the owner. The height
of the lettering shall be at least three inches. No taxicab shall
bear a name, monogram, insignia or color scheme in conflict with the
name, monogram, insignia or color scheme used by any other person
licensed hereunder in such a manner as to mislead or deceive the public.
Taxicabs operated by one owner must be identical in color. Taxicabs
which are granted municipal consent to operate upon the Borough of
Watchung streets will have the superior right to utilize their markings,
color, etc., in the order in which the municipal consent is granted.
[Ord. No. 98/25]
The taximeter of every taxicab shall be in proper condition
and accurate. The face of the taximeter shall be illuminated by suitable
light after sundown. No taximeter shall be approved unless the case
thereof is sealed and gears are enclosed.
[Ord. No. 98/25]
Taxicabs and limousines may be inspected by the Borough of Watchung
Police at any time for cleanliness, sanitary condition, mechanical
safety for the transportation of passengers and general safety and
fitness for public patronage.
[Ord. No. 98/25]
Every taxicab shall record, in writing, the time and place each
passenger is accepted and the time and place of discharge of the passenger.
Such records shall be kept intact for one year from the date thereof.
Such records shall be kept open for inspection at all times during
the one year period by a duly authorized representative of the Borough
of Watchung Police Department.
[Ord. No. 98/25]
No driver of any taxicab, in soliciting employment, shall so
operate a taxicab as to interfere with or impede unnecessarily the
movement of other vehicles or pedestrians. Employment may be solicited
by driving through any public street or place at a rate of speed that
will not interfere with or impede traffic. No passenger shall be solicited
unless within six feet of a taxicab.
[Ord. No. 98/25]
No taxicab passenger shall be accepted or discharged on a public
street unless the action can be done safely.
[Ord. No. 98/25]
No taxicab may park in any public street or public place in
the Borough of Watchung except in such place or places as may be designated
by ordinance, resolution or regulation adopted in accordance with
law.
[Ord. No. 98/25]
The driver of any taxicab shall have the authority to demand
payment of a fare in advance and may refuse employment unless such
fare is so prepaid, but no driver of a taxicab shall otherwise refuse
employment by an orderly person for transportation anywhere in the
Borough of Watchung or outside thereof. No driver of a taxicab shall
carry any person other than the first passenger employing him without
the consent of the first passenger.
[Ord. No. 98/25]
No owner or driver of any taxicab or limousine shall induce
any person to employ him by knowingly misinforming or misleading such
person. No driver shall convey any passenger to any place or by any
route other than the most direct route, unless otherwise directed
by the passenger.
[Ord. No. 98/25]
No owner or driver of any limousine may solicit patronage in
any public street or public place in the Borough of Watchung.
[Ord. No. 98/25]
The driver of any taxicab or limousine, immediately after the
termination of any hiring or employment, shall carefully search the
taxicab or limousine for any property lost or abandoned therein. Such
property, unless sooner claimed or delivered to the owner, shall be
reported in writing by the driver or by the owner of the taxicab or
limousine to the Borough of Watchung Police Department, giving particulars
and a brief description of the property, within 24 hours after finding
of same. All such property not claimed within the 24 hour period shall
be turned over by such driver or owner of a taxicab or limousine to
the Property Clerk of the Borough of Watchung Police Department.
[Ord. No. 98/25]
Nothing contained in this section shall prohibit the use of
a taxicab or limousine for private purposes, provided that there is
no solicitation of patronage.
[Ord. No. 98/25]
No person shall permit a taxicab or limousine driven or owned
by him to be used for any illegal or immoral purpose.
[Ord. No. 98/25]
No taxicab or limousine business shall be operated within the
Borough of Watchung in violation of the Borough of Watchung Zoning
Ordinance.[1] At the time a taxicab owner shall apply for a municipal
consent and license to operate a taxicab over the Borough of Watchung
streets, or a limousine owner applies for a certificate of compliance,
the owner shall notify the Borough Clerk of the street address from
which the taxicab or limousine service will be conducted. Parking
of multiple commercial vehicles overnight in an RR Zone prohibited.
[1]
Editor's Note: The zoning regulations are contained in
a separate ordinance entitled Comprehensive Land Development Ordinance,
which is under review by the Governing Body.
[Ord. No. 98/25]
The Borough of Watchung Police Department is hereby given the
authority and is instructed to watch and observe the conduct of taxicab,
limousines and livery service operating in the Borough of Watchung.
Upon discovering a violation of the provisions of this section, the
Police Department shall take appropriate action and report same to
the Borough Council.
[Ord. No. 98/25; Ord. No. 2015-15]
All owners shall pay a yearly seventy-five ($75.00) dollar license
fee prior to the issuance of a certificate of compliance or license.
In addition, all drivers are required to submit finger print checks
with the application.
Editor's Note: Pursuant to Section 3 of Ordinance No. OR:09/04,
this section is not intended to supersede the Land Development Code
of the Borough of Watchung. Charitable clothing bins are subject to
the requirements of the Land Development Code.
[Ord. No. OR:09/04 § 1]
For the purposes of this section only, the terms "solicitation"
or "solicit" shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include, but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collection of money or other thing of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
[Ord. No. OR:09/04 § 1]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation clothing bin within
the Borough of Watchung, for solicitation purposes, without obtaining
a permit from the Municipal Clerk, which is approved by the Borough
Council. Permits are renewable on an annual basis during the month
of January.
[Ord. No. OR:09/04 § 1]
The annual permit fee is $25 per bin and will be used to offset
the costs involved in enforcing this section.
[Ord. No. OR:09/04 § 1]
The application for obtaining a permit shall include:
a.
The location where the bin would be situated, as precisely as possible;
b.
The manner in which the person anticipates any clothing or other
donations collected via the bin 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 any person
or entity which may share or profit from any clothing or other donations
collected via the bin, at which such person can be reached during
normal business hours. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
d.
Written consent from the property owner to place the bin on his property.
[Ord. No. OR:09/04 § 1]
In addition to the above application requirements, renewal applications
must include:
a.
A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collected via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal;
b.
The name and telephone number of the bona fide office 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; and
c.
If the location of the bin is to be moved, the new location where
the bin is to be situated, as precisely as possible and written consent
from the property owner of the new location.
[Ord. No. OR:09/04 § 1]
The Borough of Watchung shall not grant an application for a
permit to place, use, or employ a donation clothing 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 donation
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases; or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person placing, using or employing a donation clothing bin shall
maintain the bin and the area surrounding the bin such that there
shall be no accumulation of clothing or other donations outside the
bin.
[Ord. No. OR:09/04 § 1]
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
a.
The permit number and its date of expiration;
b.
The name and address of the registered person who owns the bin, and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
c.
The telephone number of the owner'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. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office;
d.
In cases when any entity other than the person who 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 person who owns the bin, and identifying all such entities
which may share or profit from such donations; and
e.
A statement, consistent with the information provided to the Borough
of Watchung in the most recent permit or renewal application, indicating
the manner in which the owner anticipates any clothing, or other donations
collected via the bin would be used, sold, or dispersed, and the method
by which the proceeds of collected donations would be allocated or
spent.
[Ord. No. OR:09/04 § 1]
a.
The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Zoning Officer that a person has engaged in, or is engaging
in any act or practice in violation of this section, the person who
placed the bin shall be issued a warning, stating that if the violation
is not rectified or a hearing with the Borough of Watchung Council
is not requested within 45 days, the bin will be seized or removed
at the expends of the person who placed the bin, and any clothing
or other donations collected via the bin will be sold at public auction
or otherwise disposed of. In addition to any other means to notify
the person who placed the bin, such warning shall be affixed to the
exterior of the bin itself.
b.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Borough of Watching may seize the bin, remove it,
or have it removed, at the expense of the person who placed the bin,
and sell at public auction or otherwise dispose of any clothing or
other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the Chief
Financial Officer of the Borough of Watchung.
[Ord. No. OR:09/04 § 1]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of this
section or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.) which results in seizure of the donation clothing bin shall
be:
a.
Subject to a penalty of up to $20,000 for each violation. The Borough
of Watchung may bring this action in the Borough of Watchung Municipal
Court or the Superior Court of New Jersey as a summary proceeding
under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A.
2A:58-10 et seq.), and any penalty monies collected shall be paid
to the Chief Financial Officer of the Borough; and
b.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this section and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing,
using, or employing a donation clothing bin by violating the provisions
of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the
Borough Council of the Borough of Watchung to have that person's
eligibility restored. The Borough of Watchung Council may restore
the eligibility of a person who:
[Ord. No. 2015-09]
Light Tower Fiber Long Island, LLC, d/b/a Lightower Fiber Networks
("Lightower") requested permission to install telecommunications cable
in the public rights-of-way of the Borough of Watchung, New Jersey
("Borough") by attaching such cable to poles owned by public utilities
located in the public rights-of-way of the Borough.
Lightower has been approved by the New Jersey Board of Public
Utilities ("NJBPU") to provide local exchange and interexchange telecommunications
services throughout the State of New Jersey by Order of Approval in
Docket Number TM08040212 on June 16, 2008. Pursuant to such authority
granted by NJBPU, Lightower may locate, place, attach, install, operate
and maintain telecommunication facilities within the public rights-of-way
for purposes of providing telecommunications services (the "Facilities").
The Borough desires, pursuant to N.J.S.A. 54:30A-124, to grant permission for such use of the public rights-of-way upon the terms and conditions in this Section 11-9.
[Ord. No. 2015-09]
a.
Consent. Subject to obtaining the permission of the owner of any
existing utility poles or conduits to be used, the Borough hereby
authorizes and permits Lightower, and its successors and assigns,
to enter upon the public rights-of-way and to attach, install, operate,
maintain, inspect, remove, reattach, reinstall, relocate or replace
its facilities in or on conduits or utility poles or other structures
owned by public utility companies located within the public rights-of-way
identified on Schedule A and as may be permitted by the public utility
company or property owner, as the case may be.
[Ord. No. 2015-09]
The public rights-of-way shall not include rights-of-way under
the jurisdiction of any other municipal, State, or Federal government
or department or agency, or any property owned by any person or governmental
entity other than the Borough, except as provided by law or pursuant
to an agreement between the Borough and any person or governmental
entity.
[Ord. No. 2015-09]
The term of this Ordinance and the consent granted herein shall be 25 years from the effective date of this Ordinance and shall automatically renew for an additional 10 years (each, a "term"), unless terminated earlier by: (i) an event of default under subsection 11-9.9 of this Ordinance; or (ii) Lightower upon 30 days' prior written notice to the Borough of its intention to terminate this Ordinance. Lightower shall bear the cost of removal of its facilities upon termination of this Ordinance.
[Ord. No. 2015-09]
Lightower provided the Borough Engineer, or such other Borough
officer responsible for permitting use of the public rights-of-way,
with a plan showing the route, location and manner of placement of
facilities upon, along, over or under the public rights-of-way attached
as Schedule A.[1] Lightower shall be limited to the rights-of-way route identified on Schedule A and any modification of that route must be approved by the Borough Council. Lightower shall comply with any and all reasonable requirements of the Borough Engineer, or other such Borough official as applicable, in connection with the construction or erection of facilities that are imposed in accordance with the regulations and restrictions aforementioned in this subsection 11-9.5 including any requirement for obtaining a road opening permit prior to any excavation work. Lightower shall bear the cost and expense for the construction or erection of its facilities, and for the relocation of any of its facilities as the Borough may require from time-to-time.
[1]
Editor's Note: Schedule A may be found on file in the
Borough offices.
[Ord. No. 2015-09]
Lightower's construction or erection, service and maintenance
of facilities pursuant to the permission and consent granted herein
shall be subject to regulations and restrictions as may be adopted
by the Borough from time-to-time on a non-discriminatory basis pertaining
to the safety and convenience of persons or vehicles traveling on
the public rights-of-way. To the extent provided under the regulations
and restrictions aforementioned or as otherwise provided by law, Lightower
shall reimburse the Borough for the Borough's costs and expenses
incurred in connection with the permission and consent granted herein
as provided by N.J.S.A. 54:30A-124, and shall obtain applicable permits
and pay applicable permit fees. The Borough shall not unreasonably
deny or delay the issuance of applicable permits to Lightower.
[Ord. No. 2015-09]
The use by Lightower of any Borough facilities for the construction
or erection and placement of Lightower's facilities and subsequent
service and maintenance, shall be subject to the amendment to this
Ordinance and upon such reasonable terms and conditions as mutually
agreed. For purposes of this subsection, "Borough Facilities" means
Borough-owned street light poles, lighting fixtures, electroliers,
or other Borough-owned structures located within the public rights-of-way.
[Ord. No. 2015-09]
Lightower represented to the Borough that the installation of
the facilities would not require any tree trimming and this Ordinance
is conditioned upon Lightower not trimming any trees within the Borough.
[Ord. No. 2015-09]
a.
Third Party Claims. Lightower agrees to indemnify and defend the
Borough from all third party losses, claims, damages, judgments, penalties
(including reasonable attorney fees) resulting from any bodily injury
or property damage to the proportional extent caused by the direct
fault or negligence of Lightower, and its employees, agents and subcontractors.
The Borough shall provide prompt written notice of and furnish a copy
of all written communications relating to any claim of indemnification
covered hereunder. Lightower shall have the right to assume exclusive
control of the defense or settlement of, or other efforts to resolve
such claim. The Borough agrees to cooperate reasonably with Lightower
in connection with any such indemnification claim. The Borough may
engage counsel of its own choosing, at its own cost and expense.
b.
Borough Claims. In the event that any service, maintenance, removal
or relocation of Lightower's facilities causes the public rights-of-way
to be damaged, Lightower at its sole cost and expense, shall promptly
repair any such damage and return the public rights-of-way to a safe
and satisfactory condition, normal wear and tear excepted. If Lightower
does not repair such damage, then the Borough shall have the option,
upon 15 days' prior written notice to Lightower, to perform or
cause to be performed such reasonable and necessary work on behalf
of Lightower and to charge Lightower for the costs incurred by the
Borough at the Borough's standard rates.
c.
Insurance. Lightower shall obtain and maintain at all times during
the existence of this Ordinance commercial general liability insurance
and commercial automobile liability insurance protecting Lightower
in an amount not less than one million ($1,000,000.00) dollars per
occurrence (combined single limit), including bodily injury and property
damage, and an excess liability policy (or " umbrella") policy in
the amount of five million ($5,000,000.00) dollars. Further, Lightower
shall obtain and maintain at all times during this Ordinance statutory
workers' compensation and employer's liability insurance
in an amount not less than one million ($1,000,000.00) dollars.
[Ord. No. 2015-09]
If Lightower fails to materially perform its obligations under
this Ordinance, it shall be in default upon written notice thereof
by the Borough. Upon notice of the default, Lightower shall have 45
days to cure the default before the Borough shall have the right to
terminate this Ordinance and pursue any and all claims in law or equity
in respect of such default.
[Ord. No. 2015-09]
Any and all rights expressly granted to Lightower under this
Ordinance which shall be exercised at Lightower's sole cost and
expense shall be subject to the prior and continuing right of the
Borough under applicable laws to use any and all parts of the public
rights-of-way exclusively or concurrently with any other person or
persons and shall be further subject to all deeds, easements, dedications,
conditions, covenants, restrictions, encumbrances, and claims of title
of record which may affect the public right-of-way. Nothing in this
Ordinance shall be deemed to grant, convey, create or vest in Lightower
a real property interest in land, including any fee, leasehold interest,
easement or any other form of interest or ownership now known or hereinafter
devised.
[Ord. No. 2015-09]
This Ordinance shall be governed and construed by and in accordance
with the laws of the State of New Jersey.
[Ord. No. 2015-09]
The respective rights and obligations under this Ordinance shall
inure to the benefit of and be binding upon the successors and assigns
of Lightower. Except for assignment to an affiliate or successor to
Lightower's business, as approved by the New Jersey Board of
Public Utilities, Lightower shall not assign any interest in this
Ordinance to any person or entity without the Borough's written
consent.
[Ord. No. 2015-09]
The waiver by the Borough of any breach or violation of any
provision of this Ordinance shall not be deemed to be a waiver or
a continuing waiver of any subsequent breach or violation of the same
or any other provision of this Ordinance.
[Ord. No. 2015-09]
Section and subsection headings contained in this Ordinance
are inserted for convenience of reference only, shall not be deemed
to be a part of this Ordinance for any purpose, and shall not in any
way define or affect the meaning, construction or scope of any of
the provisions hereof.
[Ord. No. 2015-09]
If one or more of the provisions of this Ordinance shall be
held by a court of competent jurisdiction in a final judicial action
to be void, voidable or unenforceable, such provision(s) shall be
deemed severable from the remaining provisions of this Ordinance and
shall not affect the legality, validity, or constitutionality of the
remaining portions of this Ordinance. The Borough acknowledges that
the NJBPU may impose additional terms and conditions under this Ordinance
pursuant to its statutory authority. Either the Borough or Lightower
shall have the right to seek reconsideration or judicial review of
the imposition of any such additional terms and conditions.
[Ord. No. 2015-12]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance and distribution criteria for licensed dealers in these
goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of precious metals
or other secondhand goods without complying with the requirements
of this section in the exact manner described herein.
[Ord. No. 2015-12]
Shall mean a current valid New Jersey Driver's License
or Identification Card, a current valid photo driver's license
issued by another state in the United States, a valid United States
Passport, or other verifiable United States Government issued identification,
which will be recorded on the receipt retained by the dealer and subsequently
forwarded to the Borough of Watchung Police Department on request.
Shall mean any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates any of the following trades or businesses: the buying
for purposes of resale of precious metals, jewelry, or other secondhand
goods as defined herein; pawnbrokers as defined herein; itinerant
businesses as defined herein. For the purposes of this section, transient
buyers, as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
Shall mean a dealer who conducts business intermittently
within the Borough or at varying locations.
Shall mean the statutory officer whose duties are defined
in N.J.S.A. 40A:9-133.
Shall mean any person, partnership, association or corporation:
lending money on deposit or pledge of personal property, other than
choses in action, securities, or printed evidences of indebtedness;
purchasing personal property on condition of selling it back at a
stipulated price; or doing business as a furniture storage warehouse
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Shall mean gold, silver, platinum, palladium, and their alloys
as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
Shall mean every transaction conducted between a dealer and
a member of the public in which precious metals, jewelry, or any other
secondhand goods as defined herein are purchased or pawned.
Shall mean used goods such as antiques, gold, silver, platinum,
or other precious metals, jewelry, coins, gemstones, gift cards, any
tools, telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this section, secondhand goods shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his permanent residence who is engaged in
the hobby of collecting coins or stamps and who does not solicit the
sale, purchase, or exchange of such coins or stamps to or from the
general public by billboard, sign, handbill, newspaper, magazine,
radio, television, or other form of printed or electronic advertising.
Shall mean a member of the public who sells or pawns used
goods such as precious metal, jewelry, or other secondhand goods to
a dealer.
Shall mean a dealer, as defined herein, who has not been
in a registered retail business continuously for at least six months
at any address in the municipality where the dealer is required to
register or who intends to close out or discontinue all retail business
within six months.
[Ord. No. 2015-12]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the Borough, without having first obtained a license therefore from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in subsection 11-10.2 above are being bought in any location within the Borough shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the Borough. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in subsection 11-10.9.
[Ord. No. 2015-12]
a.
Upon receipt of an application completed pursuant to this section,
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this section for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to the following:
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metals or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This subsection 11-10.4 shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection 11-10.5 will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under subsection 11-10.6a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty(30) day period and
has not been received by the Chief of Police within that period, the
Chief of Police may, if all other factors are satisfactory, recommend
a conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in precious metals or secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 11-10.5, the retention and inspection requirements of subsection 11-10.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 11-10.7.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a dealer of secondhand goods.
f.
No license shall be assignable by the precious metals dealer.
[Ord. No. 2015-12]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 11-10.2.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of eighteen years and the identification presented
is valid and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the Dealer making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in subsection 11-10.2, in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
6.
The receipt number;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A.
51:6-1 et seq.;
10.
The time and date of the transaction.
d.
The information outlined in subsection 11-10.5c, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized Police Officer or any sworn law enforcement officer acting in the performance of their duty as set forth in subsection 11-10.5f. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in subsection 11-10.5c.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in subsection 11-10.5c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in subsection 11-9.6.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 11-10.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. 2015-12]
a.
All secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 11-10.5 except for precious metals and jewelry, which must be maintained for at least 10 business days or for the statutory period provided in N.J.S.A. 2C:21-36(d). All precious metals or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 11-10.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the Police Officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 11-10.5c.
d.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
e.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the Dealer may incur pursuant to subsection 11-10.9.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the Borough; violation of any other
statute, regulation, or local ordinance; or any other illegal, improper,
or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to subsection 11-10.6g. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the Borough until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in subsection 11-10.6g.
f.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 11-10.9.
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or ordinances
within this or any jurisdiction.
2.
Procedure for Revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police of the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation and the panel shall issue an appropriate
disposition of either suspension, revocation, or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating as a dealer of precious metals or other secondhand
goods within the Borough.
g.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
h.
A dealer shall have the right to change the location of the licensed
business within the Borough, provided that he or she notifies the
Municipal Clerk, in writing, of the street address of said new location.
[Ord. No. 2015-12]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A: 9-139, and shall be in the penal sum of $10,000, conditioned
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the Borough in force or which
may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this section, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the Borough
of Watchung, be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this Ordinance."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
[Ord. No. 2015-12]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $300. The annual renewal fee for a license is $300. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 11-10.5d. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for one year from the date of its issuance.
[Ord. No. 2015-12]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in subsection 11-10.6e and 11-10.6f. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 11-10.6f. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2015-12]
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this section within 90 days following the effective
date of this section.
b.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
d.
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
