[1]
Editor's Note: Prior ordinance history: Ordinance Nos: 95/13; 95/18, OR:13/17, 2015-15 § 1, New, 2016-16.
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.
[Ord. No. 2017-13; amended 2-13-2025 by Ord. No. 25/04]
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 include the actions of any person, entity or organization engaged in religious proselytizing, anonymous political speech or the distribution of religious or political hand bills, circulars or calling upon persons, or to elicit or determine opinions, feelings, sentiments or information related to such charitable, religious, educational or political purpose, whether door to door or street to street, whether or not such persons, entities, or organizations seek or accept contributions or donations to such religious, charitable, educational or political organization or purpose.
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; amended 2-13-2025 by Ord. No. 25/04]
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.
6.
All charitable and political solicitation or canvassing as defined herein.
7.
Any person engaged in campaigning for any elected public office or public question which is to be voted upon in the Borough at a general, special, primary, or school board election; nor shall this apply to the distribution of circulars or advertising with respect thereto.
8.
Any person holding a solicitation or peddling license or permit issued by the United States government or by the State of New Jersey pursuant to law.
9.
Any person duly licensed by the Commissioner of Banking and Insurance or the Real Estate Commission of the State of New Jersey.
10.
Children enrolled in public or private elementary and secondary schools in the Borough of Watchung, including such children peddling or soliciting for schools, school clubs and organizations, Cub Scouts, Boy Scouts, Girl Scouts, Brownies, and other similar youth groups, and including such children engaged in "trick-or-treating" on Halloween or at other times permitted by the Borough.
[Added 2-13-2025 by Ord. No. 25/04]
a.
Before any person shall engage in any canvassing or soliciting within the Borough where a license or special permit is not required pursuant to subsections 11-1.2 and 11-1.3, including charitable and political solicitation or canvassing, he/she shall provide the following information to the Borough Clerk, at least three days in advance of the commencement of such canvassing or soliciting:
1.
Name, address and date of birth of each canvasser or solicitor.
2.
Name and address of the affiliated organization, entity or group sponsoring or conducting the soliciting or canvassing, if any.
3.
If a vehicle is to be used in any portion of the activity, a description of the vehicle(s), including color, make, model, year, license plate number, including state of registration, as well as name and address of registered owner.
4.
If the solicitor or canvasser is employed by another, the name and address of the employer.
5.
The days of the week and hours of the day over the next 30 days during which the activity will be conducted.
6.
A description of the section of the Borough in which the activity will be carried out on each such day. Use of street boundaries of the area is the desirable manner in which to describe the section of the Borough.
7.
A statement as to whether each canvasser or solicitor has ever been convicted of any crime or the violation of any municipal ordinance, other than traffic offense, and, if so, the date and place of conviction and the nature of the offense. The submission of false information hereunder shall be a violation for the person submitting such false information.
8.
The general nature of the solicitation and canvassing.
9.
The name, address and cellular telephone number of the person who will be in direct charge of supervising the solicitation or canvassing.
10.
A brief outline of the method to be used in conducting the solicitation or canvassing.
b.
The notification provided to the Borough pursuant to this section shall be effective for a thirty-day period. Notification shall be given every 30 days if the activity extends beyond 30 days.
[Ord. No. 2017-13; amended 2-13-2025 by Ord. No. 25/04]
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)
[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 § 131-1; Ord. No. 06/15 § 1; amended 9-18-2025 by Ord. No. 25/11]
As used in this section:
Shall mean any automatic vending machine used for the sale of cigarettes, cigars, tobacco and/or matches.
Shall mean a vending machine, as defined herein, for the vending or service of food, beverages, and/or other edible commodities.
Shall mean any music-vending machine, contrivance or device which, upon the submission of payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
Shall mean a vending machine, as defined herein, for the vending or service of goods, wares, merchandise or articles or any type, kind or description, with the exception of any food, beverages, and/or other edible commodities.
Shall mean any machine or device, whether automatic or not, controlled by the insertion of paper money, coins, credit cards, or any other form of payment for the vending or service of food, liquids, confections, goods, wares, merchandise or articles of any type, kind or description.
[1972 Code § 131-2; amended 9-18-2025 by Ord. No. 25/11
a.
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 non-food/beverage 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; amended 9-18-2025 by Ord. No. 25/11]
Every person and/or entity 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; Ord. No. 04/01]
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; Ord. No. 04/01]
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; Ord. No. 04/01; amended 9-18-2025 by Ord. No. 25/11]
The annual license fee shall be $25 per machine.
[1972 Code § 131-11; amended 9-18-2025 by Ord. No. 25/11]
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 $10 is paid to the Borough Clerk.
[1972 Code § 131-12; amended 9-18-2025 by Ord. No. 25/11]
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 $10.
[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; Ord. No. 04/01]
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; Ord. No. 04/01; amended 9-18-2025 by Ord. No. 25/11]
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; amended 9-18-2025 by Ord. No. 25/11]
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 the address indicated on the license application at least five days prior to the date set forth for the hearing.
[Ord. No. 96/12; amended 9-18-2025 by Ord. No. 25/11]
All cigarette vending machines are hereby prohibited within the Borough.
[Ord. No. 96/12; amended 9-18-2025 by Ord. No. 25/11]
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. Upon conviction, for each and every violation, the person committing, taking part or assisting in such violation or violations, and/or responsible agent of the license holder, shall be subject to the penalties established in Section 1-5 of the Borough Code. Each day that a violation is permitted to exist shall constitute a separate offense.
[1]
[Former Subsection 11-3.19, Licensing of Cigarette Vending Machine Upon Formal Hearing, and Subsection 11-3.20, Enforcement and Inspection, both Ord. No. 96/12, were repealed 9-18-2025 by Ord. No. 25/11.]
[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; Ord. No. 04/01]
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 § 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; amended 9-18-2025 by Ord. No. 25/13]
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 14 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; amended 9-18-2025 by Ord. No. 25/13]
a.
Taxicabs. All owners shall pay a yearly $75 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.
b.
Limousines. For limousine services located within the Borough, the owner shall pay a fee in the amount of $50 for each limousine service, plus $10 for each limousine which is covered under the required insurance policy. For limousine services providing service on an intra-municipal, point-to-point basis within the Borough, the owner shall pay a fee in the amount of $50 for the issuance of such license.
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.
[Added 8-15-2024 by Ord. No. 24/13]
The purpose of this section is for the Borough's compliance with the municipal registration requirements established in New Jersey P.L. 2022, c.92 (N.J.S.A. 40A:10A-1 and -2), as may be amended.
[Added 8-15-2024 by Ord. No. 24/13]
a.
The owner of a business, the owner of a rental unit or units, and the owner of a multi-family home of four or fewer units, one of which is owner-occupied, shall annually register with the Borough Fire Official, which registration shall include the certificate of insurance demonstrating compliance with this section and N.J.S.A. 40A:10A-1 (P.L. 2022, c.92), as may be amended.
b.
The annual registration shall include an annual fee of $25 per business, rental unit(s), and multi-family home subject to this section.
[Added 8-15-2024 by Ord. No. 24/13]
a.
Except as provided in subsection 11-11.3b, the owner of a business or owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
b.
The owner of a multi-family home which is four or fewer units, one of which is owner- occupied, shall maintain liability insurance for negligent acts and omissions in an amount of no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
c.
The insurance requirements set forth herein may be superseded by any future amendment to N.J.S.A. 40A:10A-1.
[Added 8-15-2024 by Ord. No. 24/13]
Any owner of a business, the owner of a rental unit or units, and the owner of a multi-family home of four or fewer units, one of which is owner-occupied which fails to comply with the provisions of this section and N.J.S.A. 40A:10A-1 (P.L. 2022, c.92), as may be amended, shall be subject to a fine of not less than $500 but no more than $5,000; which may be collected by the Borough through a summary proceeding pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.
[Added 12-18-2025 by Ord. No. 25/23]
[Added 12-18-2025 by Ord. No. 25/23]
As used in this section, the following terms shall have the meanings indicated:
Directors, producers, actors, set members, camera crew members, security, contractors, interns, and agents.
The taking of still or motion pictures, either on film, videotape, digital or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters, the internet or for institutional use.
Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:
Universal Pictures.
Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel-Aire.
Paramount, including MTV Films and Nickelodeon Movie.
20th Century Fox, including Fox Searchlight.
Sony/Columbia.
Disney/Miramax.
MGM/United Artists.
Dream Works.
Any major streaming service, such as Netflix, Hulu, or Amazon Prime Video.
Any film for which the budget is at least $5,000,000.
Recurrent weekly television series programming.
Any and every public street, highway, sidewalk, square, public right-of-way, public park or playground, public building and property or other public place within the Borough which is within the jurisdiction and control of Watchung Borough.
[Added 12-18-2025 by Ord. No. 25/23]
a.
No person or organization shall film or permit filing on public or on private property where such filing involves the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming, including, but not limited to, any temporary structure, barricade or device intended to restrict or block off pedestrian or vehicular traffic, without first having obtained a permit from the office of the Borough Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates and approved hours. Said permit must readily be available for inspection by Borough Officials at all times at the site of the filming.
b.
All permits shall be applied for and obtained from the Office of the Borough Clerk during normal business hours. Applications for such permits shall be in an official form and be accompanied by a permit fee in the amount established in Subsection 11-12.7 herein.
c.
If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Borough Clerk and Borough Administrator may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this section. No additional fee shall be paid for this permit.
[Added 12-18-2025 by Ord. No. 25/23]
a.
The provisions of this section shall not apply to the filming of news stories within Watchung Borough.
b.
Personal/family filming performed by one individual using a hand-held camera without assistance from others for private personal use, and not commercial use.
c.
Fees may be waived for students enrolled in a bona fide educational institution upon receipt by the Borough Clerk of written certification from a teacher or administrator of that institution stating that the filming is for educational purposes only and not intended for commercial use.
d.
Fees may be waived for filming sponsored or created by the Borough of Watching, the Watchung Board of Education, and Borough Emergency Services.
e.
Filming performed by wedding photographers for a short duration of one to two hours.
f.
Filming performed entirely on private property without the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming. This exemption will not apply when the activities impact local roadways, or if they require police or fire department action, or when the filing involves loud noises or disruption to the neighborhood, as determined by the Borough Administrator.
[Added 12-18-2025 by Ord. No. 25/23]
a.
An application and fee must be submitted to the Borough Clerk at least 14 days prior to filming. Failure to submit the application at least 14 days prior to the event may constitute cause for denial. Applications shall be made in writing on the prescribed form and include all checklist items. In addition to the application described herein, the applicant is also responsible for obtaining all other applicable permits, including, but not limited to:
b.
No permits will be issued by the Borough Clerk unless applied for prior to 14 days before the requested shooting date; provided, however, that the Borough Administrator may waive the 14-day period if, in the Borough Administrator's judgment, the applicant has obtained all related approvals, the filing is of minimal impact to the neighborhood, and adjacent property owners or tenants do not need to be notified.
c.
No permit shall be issued for filming upon public lands unless the applicant shall provide the municipality with satisfactory proof of the following:
1.
Proof of Insurance Coverage. Applicant will maintain at all times insurance for claims which may arise from, or in connection with, services performed/products furnished by applicant, their agents, representatives, employees or sub-contractors with coverage at least as broad and with limits of liability not less than those stated below. The applicant shall provide the Borough with a Certificate of Insurance as proof of insurance for all filming activities. Said certificate shall evidence Workers Compensation and Employers Liability insurance, Commercial General Liability Insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate, and Automobile Liability Insurance covering all owned, hired, and non-owned vehicles in an amount of not less than $1,000,000 per occurrence. Applicant shall also carry Umbrella/Excess Liability insurance in an amount of not less than $5,000,000 providing excess limits over General Liability, Automobile Liability, and Employer's Liability coverages; coverage shall be no more restrictive than the applicable underlying policies. It is agreed and understood that the Borough shall be included as an Additional Insured on all policies except Workers Compensation in the state of New Jersey on a primary and non-contributory basis and shall be to the full limits of liability purchased by applicant, even if those limits are in excess of those required by the permit, and that a waiver of subrogation shall apply in favor of the Borough. These conditions shall be outlined on the Certificate of Insurance. The Borough reserves its rights to require insurances in additional amounts or types, in its sole discretion. All insurance shall be written with a company maintaining an AM Best rating of least "A-VIII."
2.
A duly completed and executed Hold Harmless and Indemnification agreement shall be required, in which the applicant shall agree to indemnify, defend and hold harmless the Borough, its agents, servants, representatives and employees from and against all losses, damages, claims, liabilities and causes of action of every kind, or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third parties or their property arising from the acts, omissions or negligence of the applicant, anyone for whose acts the applicant may be liable, or any claims arising out of or in any manner relating to the activities permitted pursuant to this section to the extent permitted by law. The applicant shall give the Borough prompt and reasonable notice of any such claims or actions.
3.
The hiring of an off-duty police officer for the times indicated on the permit, or as required by the Borough Administrator.
4.
Proof of service of written notification to adjacent property owners.
5.
Completed filming application.
[Added 12-18-2025 by Ord. No. 25/23]
a.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets.
b.
The holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days' prior to the requested shooting date and be informed that objections may be filed with the Borough Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Such notice shall state the date and hours. Proof of service of notification to adjacent owners shall be submitted to the Borough Clerk within two days of the requested shooting date.
c.
The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Watchung Borough Police Department with respect thereto.
[Added 12-18-2025 by Ord. No. 25/23]
The Borough reserves the right to require one or more on-site police officers in situations where the proposed production may impede the proper flow of traffic, or involve a security risk (as determined by the Watchung Borough Chief of Police), the cost of said police officer to be borne by the applicant as a cost of production. Such employment of off-duty police officers shall be in compliance with Section 3-5 of the Borough Code.
[Added 12-18-2025 by Ord. No. 25/23]
The schedule of fees for the issuance of permits authorized by this Section are as follows:
a.
Permit application fee: $150.
b.
The Borough Council may grant a waiver of fees for filming for educational purposes, including student films with written certification from a teacher or administrator of that institution stating that the filming is for educational purposes only and not intended for commercial use.
c.
Daily filming fee (other than for major motion picture filming): $500 per day.
d.
Major motion picture filming fee: $1,000 per day.
e.
Filming performed entirely on private property without the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming: $500 per day.
[Added 12-18-2025 by Ord. No. 25/23]
a.
In addition to the license fee, the applicant shall be responsible to reimburse Watchung Borough for the cost of support staff used in conjunction with the event. These costs may include but are not limited to Administration, Police, Public Works, Code Enforcement, Fire Prevention, Board of Health and Recreation.
b.
Prior to issuance of the permit, the applicant shall be provided with a cost estimate of these expenses prepared by the Borough Clerk, and a list of conditions recommended by the Borough Administrator, Chief of Police, Code Enforcement Official, Fire Prevention Official, Health Officer, Public Works Director, Recreation Director and Borough Risk Manager. The applicant shall confirm in writing his or her acceptance of these estimated costs and conditions.
c.
The applicant shall be responsible for depositing into an escrow account, payment of these costs, or a reasonable estimate thereof, at the time the completed permit application is approved by the Borough Council.
[Added 12-18-2025 by Ord. No. 25/23]
The Borough Administrator may refuse to issue a permit whenever he/she determines that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic, where the applicant is unable or unwilling to adhere to all of the requirements of the permit, or otherwise endanger the public's health, safety or welfare.
[Added 12-18-2025 by Ord. No. 25/23]
Any person who violates any provision of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter 1, Section 1-5, General Penalty of the Borough Code. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Added 12-18-2025 by Ord. No. 25/23]
a.
Any person aggrieved by a decision of the Borough denying or revoking a permit or a person requesting relief may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk.
b.
An appeal shall be filed, in writing, within five days of the date of the decision. The Borough Council shall decide the matter on the papers submitted from the person/entity being denied the permit, and the Borough Department claiming that the denial is appropriate under the circumstances. The decision of the Borough Council shall be in the form of a Resolution supporting the decision adopted at the first regularly scheduled public meeting of the Council unless the appellant agrees in writing to a later date for the decision.