Borough of North Plainfield, NJ General Licensing

Shall mean and include any automobile or motor car, with a base of operation in the Borough, engaged in the business of carrying passengers for hire which is held out, announced and/or advertised to operate and/or run or which is operated to run over any of the streets or public highways of this Borough and particularly accepts and discharges such persons as may offer themselves from points or places to points or places within or without the Borough.

Taxicab License Required. No taxicab, as defined in the preceding paragraph, shall be run or operated over or along the streets of the Borough for the transportation of passengers unless it is licensed according to the provisions of this Section and the drivers doing such are licensed as well.

Taxicab Licenses Authorized/Issuance of New Licenses. The Borough shall issue and/or make available for issuance taxicab licenses for the operation of taxicabs in the Borough.

§ 4-1.2 Taxicab Owners Company Licenses; Content and Manner of Application; Fee and Term of Issuance.

[Ord. #382, SS 16.2-16.5; Ord. #677, S 1; Ord. #90-04, S 1; Ord. #00-16; Ord. #05-23; Ord. #06-02; Ord. #08-13; Ord. No. 2013-05; Ord. No. 2017-07; Ord. No. 2018-07; amended 10-23-2023 by Ord. No. 23-13]

Taxicab License Required. No taxicab, as defined in subsection 4-1.1 above, shall be operated over or along or run on any of the thoroughfares located within the Borough, irrespective of the ownership and/or control of said thoroughfares for the transportation of passengers unless it is licensed pursuant to Section 4-1 of the Borough Code.

Company Application. Any entity seeking to obtain a taxicab license shall make such application to the Borough Clerk in writing. The applicant shall file with the Borough Clerk a written sworn application containing the following information:

The form of business of the applicant; the name, business address, home address, business telephone number, residential telephone number and age of an individual owner or of all partners if a partnership; and, if a corporation, the state of incorporation, a copy of the documents establishing the business, the business address, the business telephone number and the names of all officers, directors, managers and stockholders owning more than 10% of the stock of the corporation; or, if no such individual owns more than 10% of the stock of the corporation, a sworn statement to such effect.

A written description of any and all past business experience of the applicant in providing passenger transportation services, identification and a full description of any and all revocations and/or suspensions of a license or permit held by the applicant or business before the date of the filing the application;

The number of vehicles and a description and picture of the vehicle(s) the applicant proposes to use in the operation of the taxicab service, a description of the operations of the proposed taxicab service and the location of the fixed facilities to be used in the operation;

A written description of the proposed insignia and color scheme shall be required to be the same for all of the applicant's taxicabs and description of the distinctive item of apparel, if any, to be worn by all of the applicant's taxicab drivers;

[Ord. No. 2017-07]

Documentary evidence from an insurance company authorized to do business in the State of New Jersey showing evidence of insurance for each vehicle to be licensed in the amount and type of coverage required by N.J.S.A. 48:16-3, which shall refer thereon to the vehicle(s) to be insured by make, year and vehicle identification number;

For each vehicle to be licensed, a description of the vehicle, including the manufacturer, body type, year, vehicle identification number, state registration number, state license number and expiration date. If the vehicle is leased, a copy of the lease agreement pertaining to each and every vehicle;

For each individual owner, or partner if the applicant is a partnership, or the president, manager and each stockholder holding 10% or more of the capital stock of the corporation, if the applicant is a corporation (referred to individually and collectively as the "members" of the applicant), a statement of whether or not such person has ever been convicted of a crime; and, if so, the nature of the offense, where convicted and the date(s) of each such conviction; and,

The names and addresses of all persons the applicant proposes to have driving its vehicles. Each such individual must apply for and be qualified for a license pursuant to the provisions of subsection 4-1.3 below. The applicant shall provide the Borough Clerk with an updated list of the names and addresses of all such drivers by January 1st of each year, as well as throughout the license term when licensed drivers leave the employ of the applicant and/or any driver seeking to be added.

Each applicant for a Borough taxicab license shall maintain a business office in a zone of the Borough where business use is permitted. Said application must contain the actual address of the business office, the phone number of the office and the emergency number for such office and the hours of operation for such office. The requests for the operation of such an office and the items to be located therein are as follows:

(a)

A duplicate of each taxicab license issued shall be displayed in a prominent location on the walls of the office. The owner shall also keep, on file, a copy of the taxicab drivers' licenses for all drivers employed by him.

(b)

A written record of all taxicab trips which shall include the following information for each taxicab and trip:

(1)

Date of trip;

(2)

License plate number of vehicle for trip;

(3)

Name and license/badge number of driver;

(4)

Time and location of the initiation of the trip;

(5)

Time and location at the termination of the trip;

(6)

Fare collection for each trip.

(7)

Vehicle inspection reports for each vehicle owned and/or operated.

(c)

All records required to be maintained herein shall be preserved for a period of at least two years and shall be made available for inspection by any law enforcement officials at any time, with no prior notice required.

(d)

A copy of the motor vehicle inspection report for all vehicles utilized as taxicabs, which shall be maintained in the same way and period as set forth above.

Investigation of Taxicab License Application. In addition to the application for a taxicab license set forth above, each individual owner, or partner, if the entity is a partnership, or president, manager and each stockholder holding 10% or more of the capital stock of the corporation if the entity is a corporation, shall, at their own expense, obtain and submit their Motor Vehicle Commission driver's abstract to the Borough Clerk, who shall forward a copy of such to the Borough of North Plainfield Police Department. The Borough of North Plainfield Police Department shall conduct an investigation and perform a criminal history background check of each such individual owner, partner, president, manager and/or stockholder, whichever is applicable, and make a report to the Borough Council concerning the fitness of the applicant. The applicant shall be responsible for bearing the costs of the investigation and criminal history background check.

Fingerprinting Requirements. After completing and submitting the application as set forth in subsection (b) above, every individual owner, or partner, if the entity is a partnership, or president, manager and each stockholder holding 10% or more of the capital stock of the corporation if the entity is a corporation, shall be fingerprinted by the Borough of North Plainfield Police Department. Any applicant who refuses to be fingerprinted shall automatically be denied a taxicab license. The applicant shall be required to pay all costs associated with the fingerprinting process and all costs of having the applicant's fingerprints checked through such law enforcement agencies as shall be determined by the Borough's Chief of Police.

Fee for and Term of License. All successful applicants for a Borough Taxicab license shall pay a fee of $650.00 for each and every taxicab license (each taxicab requires a license). Said taxicab license shall be issued and shall remain in full force and effect for a period of two (2) years from the date of issuance, unless it is received by the Borough or returned by the applicant prior to the expiration of the license.

[Ord. No. 2018-07; Ord. No. 23-13]

Denial of Taxicab License. An applicant shall be denied a taxicab license upon a finding of any of the following:

The applicant, or any member of the applicant as described in this section, has been convicted of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child, a crime pursuant to N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9, driving while intoxicated or driving under the influence, reckless driving, unless the conviction is for a disorderly persons or petty disorderly persons offense, the unlawful use, possession or sale of a controlled dangerous substance, as well as any crime of violence, and/or a crime in another state, territory, commonwealth or other jurisdiction of the United States or other country that is comparable to one of the foregoing crimes.

[Ord. No. 2017-07; 2018-07]

The applicant, or any member of the applicant as described in this section, has a history of persistent Title 39 violations, such as having more than three moving violations during the preceding two years;

The applicant, or any member of the applicant as described in this section, has been convicted of any other crime that relates adversely to the fitness of the applicant to perform a public transportation service; and/or,

The applicant has made misstatements of fact, has withheld information and/or has given false information on the taxicab license application.

APPLICANT

Shall be defined, as used anywhere in this Code Section 4-1, as any party who has his/her name on the application.

Each taxicab owner shall be required to provide, in writing, at least seven working days in advance of any moving of the business' offices the change of address and, if applicable, phone number to the Borough Clerk and North Plainfield Police Department. The owner shall be charged $50 for each such transfer of a vehicle owner's/operator's license. Working days are defined as Monday through Friday, including holidays, unless the seventh (7th) day is a holiday, the seventh (7th) day shall be the next calendar day as long as it is Monday through Friday.

[Ord. No. 2018-07]

Operation Out of a Residential Zone. An applicant may operate out of a residential zone only if they meet the following requirements:

If an applicant desires to run their operation out of a residential zone, they can only have one taxicab, which must be housed, stored and kept within a garage. Under no circumstances shall a taxicab be allowed to park on a street or in a driveway or on a lawn in a residential zone when they are not picking up a fare. This prohibition applies to home based businesses, as well as any other business operating a taxicab business; and

The applicant must demonstrate to the Zoning Officer that they will be able to comply with the requirements of the Borough's Home Based Business Ordinance (Chapter 22, Article X of the Borough Code). In part, the applicant must demonstrate that the use will be limited solely to office use, that only one car will be kept within the garage when the taxicab is not in operation, that the use will be limited to permanent full-time residents of the dwelling unit, that the garage will be used only for the storage of the vehicle, that the equipment will not create any additional disturbance which would violate any other ordinance and all other regulations as are required by the Borough's Home Based Business Ordinance.

General Jurisdiction of the Zoning Officer. The Zoning Officer shall have the jurisdiction and responsibility of investigation and certification that the taxicab business, where applicable, is not operating in a residential zone and that the taxicab business has sufficient off-street parking in a nonresidential zone for any and all taxicabs to be used in the business. The Zoning Officer will also ensure that any taxicab operating out of a residential zone complies with all garaging, parking and business requirements as enunciated throughout the Borough of North Plainfield Code. Parking of commercial vehicles, if enclosed within a garage structure is permitted within a residential zone, as well as any other zone. This shall be consistent with all other parking ordinances.

Pickup and Discharge of Passengers. Taxicab businesses shall not be allowed to park their vehicles on the streets of any residential zone. Taxicabs shall be allowed a reasonable time for the pickup and discharge of passengers within the residential zones.

§ 4-1.3 Taxicab Drivers Licenses; Content and Manner of Application; Fee and Term of Issuance.

[Ord. #382, SS 16.6-16.9; Ord. #677, S 1; Ord. #90-04, S 1; Ord. #08-13; Ord. No. 2013-05; Ord. No. 2017-07; Ord. No. 2018-07]

Required. No person shall drive a taxicab as defined by Subsection 4-1.1 unless he or she has first obtained a license to do so by the Borough Clerk.

To Whom Issued. Each applicant for a taxi driver's license shall be at least 21 years of age, shall hold a valid driver's license issued by the State of New Jersey, be of sound physical health and good mental character and shall have satisfied all other requirements of this section, including payment of the required fees. No owner of a taxicab to be operated or driven for pay or hire by anyone other than a driver so licensed.

Application. Any person seeking to drive a taxicab must obtain a taxicab license by making written application to the Borough Clerk. The applicant shall file with the Borough Clerk a written sworn, under oath application containing the following information:

The full name and full address of the applicant, the residence(s) of the applicant for the 12 consecutive months prior to the application, the length of time the applicant resided at said address(es), the number of his/her driver's license, whether the driver's license was ever revoked and/or suspended and, if so, for what reason(s). In addition, the sworn affidavit of two citizens who have known him or her personally for at least one year prior to the date of making such application, attesting to his good moral character.

A sworn statement as to whether or not the applicant has been convicted of any traffic violations during the previous five year period; and, if so, the nature of the offenses, where convicted and the date(s) of such conviction.

A written description of any past business experience of the applicant, if any, in providing passenger transportation services, especially as to this specific field.

A sworn statement, under oath, as to whether or not the applicant has been convicted of any crime in this State or any other State, commonwealth and/or territory, other than motor vehicle in this State; and, if so, the nature of the crime/offense(s), where convicted and the date(s) of such conviction(s).

Investigation of Taxicab License Application. In addition to the application for a taxicab license set forth above, the applicant shall, at his or her own expense, obtain and submit the applicant's Motor Vehicle Commission driver's abstract to the Borough Clerk, who shall forward such to the Borough of North Plainfield Police Department. The Borough of North Plainfield Police Department shall conduct an investigation and perform a criminal history background check of the applicant, and make a report to the Borough Council concerning the fitness of the applicant. The applicant shall be responsible for bearing the costs of the investigation and criminal history background check.

Fingerprinting Requirements. After completing and submitting the application as set forth in subsection (b), the applicant, shall be fingerprinted by the Borough of North Plainfield Police Department. Any applicant who refuses to be fingerprinted shall be denied a taxicab license. The applicant shall be required to pay all costs associated with the fingerprinting process and all costs of having the applicant's fingerprints checked through such law enforcement agencies as shall be determined by the Borough's Chief of Police. The fingerprinting shall occur also at license renewal.

Fee for and Term of License. All successful applicants for a Borough Taxicab license shall pay a fee of $200. Said taxicab license shall be issued and shall remain in full force and effect for a period of two years from the date of issuance, unless the applicant shall lose his driver's license/privilege to drive and/or have his taxicab license removed by the taxicab owner and/or the Borough.

[Ord. No. 2018-07]

Denial of Taxicab License. An applicant shall be denied a taxicab license upon a finding of any of the following:

The applicant has been convicted of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child, a crime pursuant to N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9, driving while intoxicated or driving under the influence, reckless driving, and/or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance, as well as any other crime of violence, or a crime in another state, territory, commonwealth or other jurisdiction of the United States or other country that is comparable to one of the foregoing crimes.

The applicant has a history of persistent Title 39 violations, such as having more than three moving violations during the preceding two years;

No conviction for reckless driving, leaving the scene of an accident, operation of a motor vehicle under the influence of alcohol or of a controlled dangerous substance or death by automobile during the prior five years; and/or,

[Ord. No. 2017-07]

The applicant has made misstatements of fact, has withheld information and/or has given false information on the taxicab license application.

The license shall be in writing, numbered and signed by the Borough Clerk on a form provided by the Borough and shall contain the following information: the name and address of the taxicab owner, by whom the driver is employed, the name of the driver, the driver's New Jersey driver's license number and the license number of the cab.

§ 4-1.4 Register Maintained by Borough Clerk.

[Ord. #382, S 16.10; Ord. No. 2013-05]

The Borough Clerk shall keep a register of all licenses granted under the provisions of this Section, showing the number and date of each license and the name of each person licensed.

§ 4-1.5 Suspension and Revocation.

[Ord. #382, S 16.11; Ord. No. 2013-05]

Each and every license granted under the provisions of this Section may be suspended without hearing, for a period not exceeding 30 calendar days, by the Mayor, or the Borough Council, upon satisfactory cause appearing to him or them for so doing. Each and every license granted under the provisions of this Section may be revoked by the Borough Council upon satisfactory cause appearing to them for so doing after hearing, upon two calendar days' notice in writing to the licensee or driver. Violation of any of the provisions of this Section, including but not limited to, conviction of any violation of the Motor Vehicle Act of this State including failure of the taxicab driver and/or owner to comply with the mandatory use of child safety seats when required by law; refusal to obey the regulations of the Police Department or orders of any police officer of the Borough; allowing any licensed taxicab to be or remain in an unsafe or unclean condition; engaging in any act of excessive horn honking that disrupts the peace; permitting a taxicab to idle excessively, shall be satisfactory causes for revocation of licenses. During such suspension or after such license shall be revoked, such license shall be made inoperative and of no effect and no person shall after such revocation of his license, continue to pursue the business or call for which he may have been licensed.

§ 4-1.6 Driver's Badge.

[Ord. #382, S 16.12]

Every person so licensed as a driver shall, when the license is issued, obtain from the Borough Clerk a suitable badge or shield numbered to correspond with the number of his license, and every person so licensed shall, while engaged in his business as a driver, expose his badge or shield to public view by wearing the same upon some conspicuous place upon his person and shall not lend his badge or shield to another or wear a badge or shield other than the one issued to him.

§ 4-1.7 Fares.

[Ord. #382, S 16.13]

The Borough Council shall, by resolution, establish the rates of fare to be charged by owners and drivers of taxicabs licensed under the provisions of this Section.

§ 4-1.8 Required Displays.

[Ord. #382, S 16.14; Ord. No. 2013-05]

There shall be fixed, in every licensed vehicle in such manner that the same can be conveniently read by any person therein, a card containing the name of the owner and driver of such vehicle, the number of his license and the rates that have been authorized by the Borough Council.

The taxi license number issued to a licensed vehicle shall be displayed in the center of the rear quarter panels on the driver and passenger sides and the rear center line of the trunk of the vehicle. In addition, the name of the municipality that has issued the taxi license shall be displayed on each rear door of the licensed vehicle. Both the numbers and letters required by this section shall be three inches (3") in height.

§ 4-1.9 Conduct of Owners and Drivers Generally.

[Ord. #382, S 16.15; Ord. #07-13; Ord. No. 2013-05]

No owner or driver of any licensed taxicab shall use indecent or profane language or be guilty of boisterous talking or shouting, or any disorderly conduct; nor shall be leave his vehicle to solicit customers or solicit customers in noisy, persistent or offensive manner, or vex or annoy travelers or citizens, or obstruct any sidewalk or crosswalk; nor shall be at any time employ any person to ask or solicit travelers or citizens for employment; nor shall be at any time drive such vehicle or seek employment as such driver while under the influence of alcohol; nor shall the driver of any licensed vehicle awaiting employment move the same from the designated stand to take a passenger until summoned therefor by the passenger.

No owner or driver of any licensed vehicle, while waiting for employment at any place other than the garage or residence of the owner thereof, shall refuse or neglect to convey any person to any place within or outside the Borough's geographic limits. No owner or driver as aforesaid shall ask, demand, receive and/or extort any sum larger than he or they may be entitled to receive pursuant to the Borough Code.

Each taxicab shall have in it a card prominently displayed within full view of all passengers stating its maximum seating capacity. This capacity shall be determined by the Chief of Police at the time the vehicle is initially licensed. No driver shall permit more persons to be carried in his taxicab as passengers than the number stated as the maximum permissible seating capacity.

No driver of a taxicab shall induce any person to employ him/retain his services by knowingly misinforming that person as to the time or place of the arrival or departure of any train, plane and/or bus and/or as to the location of any hotel, public place and/or private residence within or outside the Borough, or as to the distance between any two points, nor shall any driver convey a passenger to any other place or over any other route than that which the passenger may have instructed him to take. Unless otherwise ordered, passengers shall be conveyed only over the most direct, practical route to their destinations.

All persons licensed as taxicab owners shall operate their taxicabs at least eight hours in each day. If for any reason the owner of a taxicab is unable to comply with this paragraph, he shall immediately so inform the Chief of Police in writing.

Each owner and driver shall be required to notify the Municipal Clerk in writing, within seven working days, of any change in any information initially provided in the application for a license. Failure to do so can result in license suspension and/or revocation. Working days are defined as Monday through Friday, including holidays, unless the seventh (7th) working day is a holiday, then the seventh (7th) day shall be the next calendar day as long as it is Monday through Friday.

Each vehicle owner and/or driver shall be subject to annual inspection/review of the North Plainfield Police Department to ensure compliance of their vehicle, the taxicab owner and/or the taxicab driver with all of the provisions of Section 4-1 et. seq. of the Borough Code.

§ 4-1.10 Taxicab Stands.

[Ord. #382, S 16.16]

The Borough Council may designate taxicab stands in such public places as they deem proper and may make regulations for the use of such stands as they may deem necessary to preserve order and promote public convenience.

§ 4-1.11 Insurance.

[Ord. #382, S 16.17; Ord. #00-16; Ord. #07-19]

No taxicab shall be licensed under this Section until the owner of the taxicab shall have filed with the Borough Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of New Jersey conditioned for the payment of a sum of not less than $35,000 per occurrence/aggregate to satisfy all claims for damages, by reason of bodily injury to, or the death of, any one person, resulting from an accident, and a sum of not less than $35,000 per occurrence/aggregate to satisfy all claims for damages, by reason of the bodily injuries to, or the death of, all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such taxicab upon any public street; and conditioned for the payment of a sum not less than $35,000 per occurrence/ aggregate to satisfy any and all claims for damages to property of any person, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such taxicab upon any public street.

Any license issued under this Section shall be valid only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.

The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, or use of the taxicab or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.

The insurance limits set forth herein shall apply to taxicabs only. The insurance amounts required for limousine operators shall be as set forth in N.J.S.A. 48:16-14, as same shall be amended and supplemented from time to time.

§ 4-1.12 Inspections.

[Ord. #07-13; Ord. No. 2013-05]

The Police Department shall have the right at any time to inspect taxis licensed in the Borough of North Plainfield to determine that said vehicles are maintained in a safe and sanitary condition for the transportation of passengers.

If inspection reveals a taxi to be in an unsafe or unsanitary condition, the Chief of Police shall have the authority to immediately suspend without prior hearing the taxi owner's license of any taxi found to be in such condition. The owner shall be entitled to a hearing before the Chief of Police within three business days of such action and/or with the Borough Council within 15 business days of such action. Business days are defined as Monday through Friday, excluding holidays.

Prior to issuing the original taxi owner's license, the police shall inspect the taxi to verify that the taxi possesses a valid motor vehicle inspection sticker. Upon receipt of a new sticker, the taxi shall again be presented for inspection by the police to verify that a valid sticker is in place.

No taxi shall be put in service or kept in service unless both heat and air conditioning are operational.

Each vehicle shall be inspected on an annual basis, in a manner identical to the process employed by the State Department of Motor Vehicles. Such inspection shall verify that the vehicle is maintained in the manner proscribed by Borough Ordinance.

§ 4-1.13 Honking and/or Excess Delay.

[Ord. No. 2013-05]

No taxicab driver/operator, when operating a taxicab within the Borough, shall engage in horn honking unless it is necessary for traffic control and no other reason whatsoever. No taxicab driver/operator, when operating a taxicab within the Borough, shall have his/her vehicle idling for more than 60 seconds when at a stop, except for traffic control purposes.

§ 4-1.14 Administrative Fees.

[Ord. No. 2013-05; Ord. No. 2017-07]

There shall be a twenty-five ($25.00) dollar administrative fee charged for each request for a document from the Borough Clerk's office regarding ownership of vehicles, title transfers and/or for the purposes of registering a vehicle with the New Jersey State Department of Motor Vehicles.

There shall be a twenty-five ($25.00) dollar administrative fee charged by the Borough Clerk's office for each and every duplicate/replacement license. Only previously licensed applicants may request a duplicate/replacement license.

There shall be a twenty-five ($25.00) dollar administrative fee charged by the Borough Clerk's office for the issuance of a new license to a previously licensed applicant who desires to change the address on their existing license to reflect their correct address.

In addition to any fines and/or penalties imposed pursuant Title 39 of the New Jersey State Statutes, any violation of any part of this Chapter of the Code of the Borough of North Plainfield, every owner and/or driver of a Taxicab licensed in the Borough of North Plainfield faces additional fines and penalties with a minimum fine/penalty at $250 for the first (1st) offense, $500 for a second (2nd) offense, $750 for a third (3rd) offense, and $1,000 and possible loss of owner or operator taxicab license (or the ability to obtain a taxicab license, owner or operator), for a period of up to 12 months for every offense thereafter. However, the Court may, based upon the severity of the offense, implement any of the penalties set forth herein irrespective of the number of offenses at issue. Each day a violation occurs is considered a separate offense.

§ 4-1A LIMOUSINES.

§ 4-1A.1 License Required by Owner — Form.

[Ord. No. 2017-09]

License Required. No person shall hire, keep or use for hire or pay, or cause to be kept or used for hire or pay, any limousine utilizing the Borough of North Plainfield as a principal place of business as expressed in N.J.S.A. 48:16-18 without having first obtained a license for that purpose from the Borough Clerk for such limousine. Such license shall be known as a "limousine license" and shall be for a term of one year from the date of issuance and shall be renewable annually and shall not be transferable.

Fee. The fee for the issuance of such license shall be $50 for first limousine licensed, and ($10.00) ten dollars for each additional limousine in the fleet. Each such vehicle used as a limousine shall be licensed separately.

Qualifications. The Borough Clerk shall issue such license after satisfactory compliance by the applicant with the provisions of N.J.S.A. 48:16-13 to 22 and the payment of the aforesaid fee.

Form and Content of License. There shall be a separate license issued for each limousine to be licensed. The license shall be in writing, numbered, in triplicate, signed by the Borough Clerk on a form provided by the Borough and shall contain the following information: Name, business address, business telephone number of the owner, number of the license; make, model, year, serial number and license plate number of the vehicle.

By Whom Issued. Limousine licenses or any renewal thereof shall be issued by the Borough Clerk with approval of the Borough Council.

Where Displayed. One copy of the limousine license, when issued, shall be retained by the Borough Clerk. The applicant shall receive the original and one copy. The original shall be kept in the limousine at all times.

§ 4-1A.2 Limousines Permitted to Transport Passengers Out of the Borough of North Plainfield Under Certain Conditions.

[Ord. No. 2017-09]

Notwithstanding any provision of this Chapter to the contrary, duly licensed limousines shall be entitled to transport passengers at a fee or rate to be established between the passenger and operator by mutual agreement prior to the ride commencing; provided, the limousine or operator in question meets the following criteria:

If a fixed rate of this service has been established by the limousine service it shall be posted in the vehicle.

No limousine operator shall operate out of the Borough of North Plainfield unless or until such operator shall have filed with the Borough Clerk a public liability and property damage insurance policy in standard form that shall comply with the following requirements:

An insurance policy issued by an accredited insurance company authorized to transact the business of casualty insurance in the State and acceptable to the Borough, covering each vehicle so operated, which policy shall cover the period included in the limousine license to be issued by the Borough. Each such policy shall run concurrently with the fiscal year for which a license has been issued.

Such insurance policy shall insure the owner and driver of such vehicle with a minimum limit for each accident for bodily injury of $100,000 to any one individual or total of $300,000 for all persons injured with a property damage loss in the minimum amount of $50,000. If said policy is a single-limit policy, this single limit shall not be less than $300,000.

Each such insurance policy shall contain a provision to the effect that the same cannot be cancelled, except on at least 30 calendar days' notice in writing by the insurance company to the Borough Clerk of the intention of such insurance company to cancel the same.

No insurance policy shall be acceptable if the insurance coverage is for private livery only, unless such policy expressly contains a waiver by the insurance company that if the vehicle insured is operated in violation of the coverage intended, the company will not claim such violation to avoid liability thereunder.

In the event that any insurance policy covering any such vehicle used for the transportation of passengers for hire shall lapse or shall be cancelled by the issuing company, then the limousine license issued by the Borough shall thereupon become void and the owner of such vehicle shall be required to immediately turn such license into the Borough Clerk. A limousine operated solely within the borders of the Borough of North Plainfield shall not be deemed to be a taxicab and shall not be subject to the taxicab regulations.

§ 4-1A.3 Violations and Penalties.

[Ord. No. 2017-09]

Any person or persons, firms, corporations or other organizations found to be in violation of any of the provisions of this Section shall upon conviction thereof in Municipal Court and in addition to the penalties provided by N.J.S.A. 48:16-22 pay a fine of not less than $150 or more than $250 for the first (1st) offense and, for each subsequent offense, shall upon conviction pay a fine not to exceed $500. Upon failure to pay any of the fines imposed, such person shall be liable to imprisonment for a term not to exceed 30 calendar days. In addition to such penalties as aforesaid, every license granted pursuant to this Section may be revoked by the Borough Clerk upon evidence of failure to comply with any provision of N.J.S.A. 48:16-13 et seq. Each offense shall be considered a separate offense.

§ 4-2 COIN-OPERATED AMUSEMENT DEVICES.

§ 4-2.1 Definitions.

[Ord. #751, S 4.6]

As used in this Section:

COIN-OPERATED AMUSEMENT DEVICE

Shall mean any amusement device or device operated by means of the insertion of a coin, token, or similar object, for the purpose of amusement or skill and for the playing of which a fee is charged. The term does not include vending machines in which are not incorporated gaming or amusement features, nor does the term include any coin-operated mechanical musical devices.

PROPRIETOR

Shall mean any person who, as the owner, lessee, or proprietor has under his control or its control any establishment, place or premises in or at which such device is placed or kept for use or play, or on exhibition for the purpose of use or play.

§ 4-2.2 License Required.

[Ord. #751, S 4.7]

No person shall engage in the business of a proprietor of coin-operated amusement devices as the terms are herein defined, without first having obtained the proper license therefor.

§ 4-2.3 License Fee.

[Ord. #751, S 4.8; Ord. #90-04, S 1; Ord. No. 2018-07; amended 10-23-2023 by Ord. No. 23-13]

The license fee for each proprietor as herein defined shall be $400.00 per year for each device used or played, or exhibited for use or play. All proprietors' license fees shall be payable annually in advance; provided, that where application is made after the expiration of any portion of any license year a license may be issued for the remainder thereof upon payment of a proportionate part of the annual fee. In no case shall any portion of the license fee be repaid to the licensee.

§ 4-2.4 Application.

[Ord. #751, S 4.9; Ord. #751A-85-10, S 1; Ord. #90-04, S 1]

Application for license hereunder shall be filed in writing with the Borough Clerk, on a form to be provided by the Borough and shall specify:

The name and address of the applicant, and if a firm, corporation, partnership, association or club, the principal officers thereof and their addresses.

The address of the premises where the licensed coin-operated amusement device or devices are to be operated, the character of the business as carried on at such place, a sketch floor plan of the premises designating existing and proposed utilization of the floor area, including the location upon which the licensed device or devices are to be placed, and aisles and dimensions thereof and means of ingress and egress.

The trade name and general description of the coin-operated amusement device or devices to be licensed, the name of the manufacturer and the serial number and the number of devices to be licensed.

The name and address of the owner of the coin-operated amusement device or devices, if other than the proprietor.

Whether or not the applicant, or any principal officer thereof if the applicant is not a natural person, has ever been convicted of violating any statute or Borough regulation involving gambling or moral turpitude, and, if so, details of the conviction.

The proper license fee shall accompany such application. Application for license hereunder shall be first referred by the Borough Clerk to the Council, which shall make or cause to be made such investigation including, but not limited to, fire safety and building inspections as deemed necessary. If the application is approved by the Council, the license shall be issued by the Clerk and the Clerk shall remit the fee to the treasurer. If the license is denied the fee shall be returned to the applicant. All licenses under this article shall expire on December 31 following their issuance. The license shall be posted in a conspicuous place in the establishment of the licensee.

Such license shall be assignable or transferable only to a new proprietor of the premises for which such license is issued, and only upon the filing of a new application and the payment of a fifty ($50.00) dollar transfer fee by the assignee-transferee, subject to all the terms and conditions contained in this Section relating to the issuance of an original license.

§ 4-2.5 Standards, Requirements and Revocation.

[Ord. #751, S 4.10; Ord. #91-01, S 1]

No license shall be issued to any applicant if the applicant, or a principal officer thereof if the applicant is not a natural person, has been convicted of violating any statute or Borough Ordinance involving gambling or moral turpitude.

Each coin-operated amusement device shall have an unobstructed perimeter zone or distance of eighteen (18") inches around three of the sides of the device. The perimeter zone area which is required hereunder for each such device shall not be encroached upon by the perimeter zone area of any other coin-operated amusement device. It is the intent of this Section that for purposes of preventing overcrowding and assuring safe passage of the general public, that each coin-operated amusement device shall have its own unobstructed perimeter zone.

Each coin-operated amusement device shall be placed in accordance with the sketch approved with the application and shall not be moved within the premises to another location without the prior approval by the Council of an amended application and sketch plan.

All coin-operated amusement devices shall be so placed within the premises as to permit a clear view thereof from the exterior of the premises at all times.

No coin-operated amusement device shall be located within one thousand (1,000') feet of any school premises or five hundred (500') feet of any church premises, unless such device is located on premises licensed for the sale and on premises consumption of alcoholic beverages.

Any license issued hereunder may be suspended or revoked by the Council upon five days' written notice to the licensee for violation of any provision of this Section or any other provision of Statute or regulation affecting the licensed premises or any portion thereof.

§ 4-2.6 Number of Devices in One Location.

[Ord. #751, S 4.11]

Not more than two coin-operated amusement devices shall be licensed or operated within the first 1,000 square feet of floor space in any one place, location or premises. An additional coin-operated amusement device will be permitted for every additional 500 square feet in excess of the first 1,000 square feet.

§ 4-2.7 Gambling.

[Ord. #751, S 4.12]

No person shall use or permit to be used, any licensed coin-operated amusement device for the purpose of gambling.

§ 4-2.8 Use by Minors.

[Ord. #751, S 4.13]

No person shall knowingly permit a minor under the age of 16 years unaccompanied by parent or guardian to play or operate any licensed coin-operated amusement device during school hours.

§ 4-2.9 Substitution of Coin-Operated Amusement Devices.

[Ord. #751, S 4.14]

A licensee may substitute one coin-operated amusement device for another without paying an additional license fee, provided that he files an amended application therefor and there is to be no other change from the originally filed application.

§ 4-2.10 Exceptions.

[Ord. #751, S 4.15]

Excepted from the provisions of this Section are coin-operated amusement devices:

Located in private residences and utilized by the residents thereof and their social guests; and

Owned or operated by charitable organizations and located in facilities devoted exclusively to the use of charitable organizations and the proceeds from the operation of which are applied exclusively to the expenses of operation and to the charitable object for which the organization exists; and, provided further, that no more than two of such coin-operated amusement devices shall be located within any such facility.

Any license issued under the Section to which this is an amendment or any prior ordinance, which license is in full force and effect on the effective date of this Section, shall be exempt from the provisions of subsection 4-2.5, paragraphs b, d, e and subsection 4-2.6 for the purposes of renewal; provided, however, there shall be no expansion in the number of coin-operated amusement devices licensed without compliance with all provisions of this Section.

§ 4-3 AUCTIONEERS.

§ 4-3.1 License Granted by Council.

[Ord. #382, S 4.1]

Licenses may be granted by the Council to carry on the trade or business or to act in the capacity of auctioneers.

§ 4-3.2 Application.

[Ord. #382, S 4.2]

Every application for any such license shall be in writing signed by the applicant, stating his place of residence, the date and place of the proposed auction sale, and that he applies for a license under the provisions of this Section.

§ 4-3.3 Required.

[Ord. #382, S 4.3]

No person shall carry on the trade or business of auctioneer in the Borough or sell or attempt to sell at public auction in the Borough any merchandise, goods, chattels or personal property whatsoever without first being licensed under the provisions of this Section, under penalty as established in Chapter 1, Section 1-5, but nothing in this Section shall be construed to apply to sales made at public auction under and by virtue of legal process.

§ 4-3.4 Fee.

[Ord. #382, S 4.4; Ord. #677, S 1; Ord. #90-04, S 1]

Every person licensed under this Section shall at the time of receiving such license pay therefor to the Borough Clerk, to be by him paid to the Borough Treasurer, for the use of the Borough, the sum of $100.

§ 4-3.5 Duration.

[Ord. #382, S 4.5]

Every license granted under the provisions of this Section shall be for a period of one day only, provided, however, that if the proposed auction sale shall have been postponed by reason of weather conditions prior to the start of the auction sale then in that event the license issued shall be valid on the subsequent date on which the auction sale is held. The date for which the license is valid shall be set forth on the license issued.

§ 4-4 BARBERSHOPS.

§ 4-4.1 Hours.

[Ord. #382, S 4.15]

The hours of opening and closing of barber shops in the Borough on any weekday be and the same is hereby fixed as follows:

From 8:00 a.m. to 7:00 p.m., except on Saturdays and on any day preceding a legal holiday, when the hours shall be from 8:00 a.m. to 9:00 p.m.; provided, however, that where any person has entered the barber shop before the closing hour to receive the usual services of the barber, the same may be done notwithstanding the performance thereof shall extend beyond the hour fixed for closing.

§ 4-4.2 Penalty.

[Ord. #382, S 4.16]

Any barber, whether proprietor or employee in any barber shop, violating the provisions of this Section shall, upon conviction thereof be subject to a penalty as established in Chapter 1, Section 5.

§ 4-5 BOWLING AND BILLIARDS.

§ 4-5.1 License Required.

[Ord. #382, S 4.17]

No person shall maintain, conduct or operate, or engage in or carry on the business of maintaining, conducting or operating any pool room, billiard room, bowling alley or place in which pool, billiard or bowling shall be played for gain, hire or reward in the Borough without a license so to do as hereinafter provided.

§ 4-5.2 Fee.

[Ord. #382, S 4.18; Ord. #677, S 1; Ord. # 90-04, S 1; Ord. # 91-10, S 4; Ord. No. 2018-07]

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 December 31 next following the date when such license was issued.

§ 4-5.3 Issuance.

[Ord. #382, S 4.19]

Such license may be issued by the Borough Clerk upon the payment to him of such license fee, but only after special resolution of the 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 rooms, billiard tables and/or bowling alleys to be used therein and no license shall be issued or good to any person or corporation other than the actual proprietor of the rooms, place and business licensed, but in case of sale or transfer of the rooms, such license may also be transferred, upon consent thereto by the Council, upon the payment of a transfer fee of $10.

§ 4-5.4 Lawful Hours.

[Ord. #382, S 4.20]

It shall be unlawful to permit the use of any pool table, billiard table or bowling alley between the hours of 2:00 a.m. and 7:00 a.m., provided that on Sundays it shall be unlawful to permit the use of any pool table, billiard table or bowling alley between the hours of 2:00 a.m. and 1:00 p.m., prevailing time.

§ 4-5.5 License Revocation.

[Ord. #382, S 4.21]

Any license granted hereunder may be revoked by the Mayor or Municipal Judge upon proof that the pool room, 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.

§ 4-6 CANVASSERS.

§ 4-6.1 License Permit Required.

[Ord. No. 382, § 4.23; Ord. No. 2017-05; amended 7-24-2023 by Ord. No. 23-11]

No person, except as in this section provided, shall canvass, solicit or call from house to house in the Borough to sell goods or services by sample or taking orders for current and/or future delivery of goods or services with or without accepting advance or current payments for the goods or services, without first having reported to and received a written permit from the Chief of Police or the officer in charge at Police Headquarters.

§ 4-6.2 Application.

[Ord. No. 382, § 4.24; Ord. No. 2017-05; amended 7-24-2023 by Ord. No. 23-11]

Any person desiring a permit to canvass or solicit in the Borough shall fill out an application blank with the Chief of Police, or in his absence, the officer in charge at Police Headquarters, stating the name of the applicant, permanent home address, name and address of firm represented, place or places of residence of the applicant for the preceding three (3) years, the length of time for which the permit is desired, nature of the merchandise or services to be provided, canvassed or solicited, the number of either arrests or convictions for misdemeanors, disorderly persons offenses or crimes, and the nature of the offenses for which arrested or convicted, which application shall be accompanied by a letter from the individual, partnership or corporation for which the applicant purports to work, authorizing the applicant to act as their representative.

§ 4-6.3 Fee, Duration and Display.

[Ord. No. 382, § 4.25; Ord. No. 677, § 1; Ord. No. 2017-05; Ord. No. 2018-07; amended 7-24-2023 by Ord. No. 23-11; 10-23-2023 by Ord. No. 23-13]

After due investigation, in accordance with the procedures and requirements of the North Plainfield Police Department, upon being satisfied that the applicant is of good moral character and that he is canvassing or soliciting for a project free from fraud, the Chief of Police, or in his absence, the officer in charge at Police Headquarters, shall have the power to grant a permit to canvass or solicit, upon the payment of the sum of $20.00 by the applicant, which permit shall specify the number of hours or days the permit will be effective, provided however, that the permit will not be effective for a period in excess of sixty (60) calendar days, and further provided that no canvassing or soliciting shall be done except between the hours of 9:00 a.m. and 9:00 p.m. Monday through Saturday. Unless fingerprinted within the previous year, each applicant shall be fingerprinted and photographed before a permit shall be issued and copy of the photograph attached to the permit. Upon approval, each solicitor shall make a payment of a sum set by resolution for a permit either valid for no longer than sixty (60) calendar days or for a permit which is valid no longer than one calendar year. The permittee shall carry the permit and exhibit same to any police officer or other person upon request.

§ 4-6.4 Revocation.

[Ord. #382, S 4.26; amended 7-24-2023 by Ord. No. 23-11]

Any permit granted, as herein provided, may, in the discretion of the Chief of Police or in his absence the officer in charge at Police Headquarters, be revoked as the result of a complaint which has been filed with any state agency or the Better Business Bureau, or for which a complaint has been made to the North Plainfield Police Department or the Borough of North Plainfield concerning the permit holder or the entity, company or corporation for which the permit holder is canvassing or soliciting, or for the failure or refusal on the part of the permittee to observe the provisions of this section or any of the rules or regulations that may be hereinafter enacted governing the granting of permits.

§ 4-6.5 Expiration.

[Ord. #382, S 4.27; amended 7-24-2023 by Ord. No. 23-11]

On the expiration of the permit, the holder thereof shall surrender it to the Chief of Police or the officer in charge at Police Headquarters or may apply for the renewal of the permit for another 30 calendar day period under the provisions of §§ 4-6.2 and 4-6.3 above.

§ 4-6.6 Persons Not Affected.

[Ord. No. 382, § 4.28; Ord. No. 2017-05; amended 7-24-2023 by Ord. No. 23-11]

This section shall not affect any person engaged in the providing of a service or in the delivery of goods, wares, merchandise or other articles or things in the regular course of business, to the premises of persons ordering or entitled to receive it. Nor shall it affect any established local business or local resident representing the same or any veteran exempt by any statute of the State of New Jersey from the provisions of this section. The Police Chief, in conjunction and consultation with the Mayor, Borough Administrator and the Borough Attorney, is empowered to enact rules and regulations for carrying this section into effect.

§ 4-6.7 Violations and Penalties.

[Added 7-24-2023 by Ord. No. 23-11]

Any person who shall violate any of the provisions of this section shall, upon conviction of same, be subject to a penalty as established in Chapter 1, § 1-5.

§ 4-7 VENDING. [1]

[1]

Editor's Note: Section 5 of Ordinance No. 91-10 amended the title of Section 4-7 from "Hawkers and Peddlers" to "Vending."

§ 4-7.1 License Required.

[Ord. #85-2, S 2]

No person shall sell or offer for sale, and no person, firm, or corporation shall conduct a business of selling or offering for sale, within the Borough any goods, wares, merchandise, ice cream, food or beverage, from a pack, cart, wagon, trailer, or any vehicle without having first obtained a license therefor as herein provided. Such business shall for the purposes of this Section be referred to as "vending."

§ 4-7.2 Application for Vending Business.

[Ord. #85-2, S 3; Ord. #90-04, S 1]

Any person intending to conduct a vending business as defined in subsection 4-7.1 shall file an application with and shall pay a fee of $50 to the Borough Clerk. The application shall set forth:

Names and addresses of all individual owners, or, if a corporation, names and addresses of all stockholders of 10% or more of the issued and outstanding stock;

Nature of products to be sold;

Method of operation;

Whether any persons mentioned in paragraph a above have been convicted of any crimes; whether any of such persons have been convicted of violating any Borough regulations in connection with the operation of the same or any similar vending business, whether any of such persons have had any license suspended or revoked by the Borough.

§ 4-7.3 Application for Actual Sale of Products.

[Ord. #85-2, S 4; Ord. #90-04, S 1]

Any person intending to engage in the actual sale or offering for sale of products as defined in subsection 4-7.1 shall file an application with and pay a fee of $50 to the Borough Clerk. The application shall set forth:

Name of licensee for whom applicant will be performing services;

Name and address of applicant;

Whether applicant has been convicted of a crime; whether applicant has been convicted of violating any Borough regulations in connection with the same or any similar business; and whether applicant has had any license suspended or revoked by the Borough.

§ 4-7.4 Approval of Health Officer and Certification of the Chief of Police.

[Ord. #85-2, S 5]

The Clerk shall refer all applications to the Health Officer and the Chief of Police. Upon receipt of written approval from the Health Officer as to all applicable health concerns and written certification from the Chief of Police that there is no record of conviction of crime or violation of ordinance, and upon the Clerk's finding of no prior suspension or revocation of license, the Clerk shall issue a license valid through the next ensuing December 31.

§ 4-7.5 Hearing on Certain Applications.

[Ord. #85-2, S 6]

In the event of prior conviction of crime or violation of ordinance, or license suspension or revocation, the Borough Council shall, upon request of the applicant, conduct a hearing to permit the applicant to show cause why the license should be granted. The Council, upon a showing of good cause shall grant the license.

§ 4-7.6 Hearing on Suspension or Revocation for Violations.

The Council, upon five days' written notice, may require any licensee to show cause why a license should not be suspended or revoked for violation of law or any applicable Borough regulation, or in the best interests of the public welfare.

§ 4-7.7 Vending Near Schools Restricted.

[Ord. #85-2, S 8]

A person shall not vend within five hundred (500') feet of any property used as a school from one hour before the regular school day to one hour after the regular school day; provided, this subsection shall not apply on days when school is not attended by children nor on school property when vending has been approved in writing by the Board of Education.

A person shall vend only when the vehicle is lawfully parked or stopped.

A person shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or edge of the highway.

A person shall not vend to a person standing in the roadway.

A person shall not stop on the left side of a one-way roadway to vend.

§ 4-7.8 Backing Up Vehicle to Make Sale.

[Ord. #85-2, S 8]

The driver of a vehicle shall not back up the same to make or attempt a sale.

§ 4-7.9 Restrictions on Parking of Vehicles Used in Vending Business.

[Ord. #85-2, S 10; Ord. No. 2015-11]

No cart, wagon, trailer or vehicle used in the business of vending shall be parked or kept in a fixed location except for the purpose of serving customers then and there present at the location. Provided, however, this prohibition shall not apply to the lawful parking of out-of-service vehicles. Provided, further, any licensee may vend from and park a cart, wagon, or vehicle:

On private property with the permission of the owner of such property and subject to compliance with the Land Use Ordinance and all other regulations of the Borough; and

Adjacent to any facility or location at which a public event sponsored by a governmental agency, excepting regular summer playground programs, is being conducted for a period commencing 30 minutes prior to the scheduled starting time of such event and terminating 30 minutes following the conclusion of such event, subject to all other restrictions contained in this Section. Anything to the contrary contained herein notwithstanding, the Borough Council or Board of Education in the interest of the public welfare, may preclude such vending by formal resolution for specific events.

§ 4-7.10 Days of Civic Celebration.

[Ord. #85-2A-88-16, S 1]

The Council may, by resolution duly adopted, declare a specific day to be one of general civic celebration. In such event, the Council may provide in said resolution for the reduction or waiver of any fee required pursuant to the provisions of subsections 4-7.2 and 4-7.3 herein for vending to be conducted on any day so designated. Nothing herein shall be construed to relieve any person, firm, or corporation from the requirement of obtaining a license pursuant to subsection 4-7.1 of this Section.

§ 4-7.11 Special Events.

[Ord. #93-04, S 1; Ord. No. 2018-07]

The Council may, by resolution duly adopted, permit any nonprofit or civic organization to conduct a special event on Borough property upon the following conditions:

No more than 10 individual vendors may participate in the special event.

The nonprofit or civic organization shall apply for a license pursuant to subsection 4-7.1 to conduct the special event and shall include in its application the information required by subsections 4-7.2 and 4-7.3 for each individual vendor participating in the special event.

The nonprofit or civic organization shall pay one fee of $100 to the Borough Clerk for the license to conduct the special event. This fee shall be in lieu of all other fees required by this Section. The Council may, by resolution duly adopted, reduce or waive such fee for any specific special event.

[Ord. No. 2017-08]

Any license for a special event issued pursuant to this subsection shall permit the nonprofit or civic organization to conduct such special event no more frequently than one day per week for a period not to exceed nine consecutive months.

Nothing herein shall be deemed to prohibit the Council, by resolution duly adopted, from precluding any such special event or restricting its duration in the interest of the public safety and welfare.

§ 4-8 CIRCUSES, CARNIVALS AND OTHER TRAVELING SHOWS.

§ 4-8.1 License Required.

[Ord. #672; Ord. #90-04, S 1; Ord. No. 2018-07]

No person shall conduct or participate in the conduct of a circus, carnival or other traveling show out of doors or under tents and not in a licensed theatre or other building within the Borough without first having obtained a license therefor from the Borough Council. The fee for any such license shall be $750 due and payable to the Borough Clerk in advance of the issuance of such license. Application for such license and any license issued shall state the purpose of same and shall be in the name of the owner of the circus, carnival or other traveling show and in the name of any other person, corporation or association sponsoring, promoting or otherwise affiliated with the conduct of the circus, carnival or other traveling show.

§ 4-8.2 License Duration and Frequency.

[Ord. #672]

Each license shall have a stated period of validity for the conduct of the circus, carnival or other traveling show not to exceed 24 hours. Whether sponsored or promoted by, or affiliated with, the same or different persons, corporations or associations, the same circus, carnival or other traveling show shall not be eligible for the issuance of:

More than two licenses within any 12 month period; and/or

A second or subsequent license for a stated period of validity within 180 days of the stated period of validity of the last previously issued license.

§ 4-9 TRANSIENT MERCHANTS OR ITINERANT VENDORS.

§ 4-9.1 Definition.

[Ord. #382, S 4.46]

As used in this Section:

TRANSIENT MERCHANTS OR ITINERANT VENDORS

Shall mean persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business in the Borough with intent to close out or discontinue such business within one year from the date of commencement, including those who for the purpose of carrying on such business hire, lease or occupy any building, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, but nothing in this Section shall be construed to affect the sale of fruits, vegetables and farm products such as meat, poultry, butter and eggs.

§ 4-9.2 Declaration to be Made.

[Ord. #382, S 4.47]

All transient merchants or itinerant vendors shall, before offering for sale any personal property, make a declaration, under oath, to the Borough Clerk, of the number of days they propose to engage in such business, together with a specific statement as to the location of such personal property by street and number and whether on the premises from which they are to be sold or in warehouses or storage.

§ 4-9.3 License Required; Fee, Duration.

[Ord. #382, S 4.48; Ord. No. 2018-07]

All transient merchants or itinerant vendors shall, before offering for sale any personal property, pay to the Borough Clerk, $1,500 and upon payment of such sum he shall be entitled to apply for and receive a license which shall continue in favor of the person to whom it is issued for the period of 180 days from the date of issuance.

§ 4-9.4 Application.

[Ord. #382, S 4.49]

All applications for such license shall be sworn to and shall disclose the name and residence of the owner or person in whose interest such business is conducted and shall further state the average quantity and kind, as nearly as can be, and the value of the personal property intended to be sold or exposed for sale in the Borough. It shall also give the names and post office addresses of the persons from which goods making up the stock were or are to be purchased and the Borough Clerk in arriving at the valuation may require the submission of bills or invoices of such personal property. A separate license shall be obtained for each branch, establishment or separate place of business in which the occupation of a transient merchant or itinerant vendor is carried on, and each license shall authorize the licensee to carry on, pursue or conduct the business of a transient merchant or itinerant vendor only at the location indicated thereby.

§ 4-9.5 Bond.

[Ord. #382, S 4.50]

Before a license shall issue, the applicant shall execute and deliver to the Borough Clerk, a good and sufficient bond with good and sufficient surety, to be approved by the Borough Clerk, equal in amount to 25% of the value of the personal property shown in the declarations and disclosures required hereunder, but in no event shall the bond be less than $1,000. It shall remain in force for one year, and be conditioned to indemnify and pay the Borough any penalties or costs incurred in the enforcement of any of the provisions of this Section, and to indemnify or reimburse any purchaser of such personal property in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the owners or their servants, agents or employees, either at the time of making the sale or through any advertisements printed or circulated with reference to such personal property or any part thereof.

§ 4-9.6 Appointment of Borough Clerk as Agent for Service of Process.

[Ord. #382, S 4.51]

Before a license shall issue the applicant shall file with the Borough Clerk, an instrument in writing nominating and appointing the Borough Clerk his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license and the bond given as required under the provisions of this Section or for the performance of the conditions of the bond or for any breach thereof. It shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon such agent and when so made shall be as valid as if personally served upon the applicant according to the laws of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of services or manner of service.

§ 4-9.7 Charitable and Religious Societies.

[Ord. #382, S 4.52]

Nothing in this Section shall apply to or require the obtaining of a license by any charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists; and nothing in this Section shall apply to or require the obtaining of a license by any art, antique or historical society that shall conduct an exhibition and sale of art objects, pictures, paintings, prints, historical articles and furniture generally known and designated as antique and kindred objects; and nothing in this Section shall apply to or require the obtaining of a license by any agricultural show, fair or garden society selling or closing out certain of their exhibits, if such society was an incorporated association not for pecuniary profit of this State prior to March 26, 1935 or if incorporated subsequent thereto, such society shall have a bona fide membership of at least 100 persons.

§ 4-9.8 Penalty.

[Ord. #382, S 4.53]

Any transient merchant or itinerant vendor who fails to comply with the requirements of this Section or any part thereof, or makes a false or fraudulent representation in any statement required by this Section to be filed by him, or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire, or makes any false statement as to the previous history or character of such personal property, shall be subject to a penalty of not less than $25, and not more than the maximum penalty stated in Chapter 1, Section 1-5.

§ 4-10 MOTOR VEHICLE SALE REGULATIONS.

§ 4-10.1 Short Title Established.

[Ord. #382, S 4.54; Ord. #91-06, S 2]

This Section may be cited as the "Motor Vehicle Sale Regulations of the Borough of North Plainfield".

§ 4-10.2 License Required.

[Ord. #382, S 4.55]

It shall be unlawful for any person to use any vacant lot or land in the Borough for the display or storage for sale of used or new motor vehicles without first obtaining a license or licenses therefor as herein provided, and no such business shall be conducted except in compliance with the provisions of this Section.

§ 4-10.3 Separate Places of Business.

[Ord. #382, S 4.56]

Whenever two or more motor vehicles are displayed or stored for sale in or on any such vacant lot or land, a license as herein required shall be obtained, and a separate license shall be required for each separate place of business conducted by the same owner. The license shall authorize the licensee to conduct the business on the premises described in the license, and the license shall not be assignable to any other person nor to any other premises without the consent by resolution of the Council.

§ 4-10.4 Application Form.

[Ord. #382, S 4.57]

Every applicant for a license to engage in the business, including the business of exchanging new or used motor vehicles, shall file with the Borough Clerk, together with the license fee required by this Section, a written application, signed and sworn to by the applicant or by an authorized officer of the applicant if a corporation, which application shall state:

The name and address of the applicant, and if a firm or corporation, the names and addresses of the partners or officers and the registered agent as the case may be. If the business is to be conducted under a trade name, such name shall be stated in the application.

The place of previous employment or occupation of the applicant, or of the partners or officers, as the case may be, and whether or not the applicant, partners or officers have ever been convicted of a crime.

The detailed nature of the business to be conducted.

A sketch of the premises upon which the business is to be conducted, showing dimensions, and frontages on streets, the distance to the nearest street intersecting the street upon which the premises front if an interior lot, and if a corner lot, showing the streets upon which the lot fronts, and also showing existing or proposed entrances or exits to the premises; and if a building exists on the premises, showing the location of the same, or of any proposed building and its type and dimensions.

If the applicant is not the owner of the premises where the business is to be conducted, the property owner's consent to the carrying on of the business shall be endorsed on the application.

§ 4-10.5 Application Made to Clerk.

[Ord. #382, S 4.58]

The application forms shall be prepared by the Borough Clerk and be made available to applicants. The Borough Clerk may require such information from the applicant in addition to that provided for in subsection 4-10.4 hereof, as he may deem pertinent to the application.

§ 4-10.6 Inspections.

[Ord. #382, S 4.59]

The premises of the applicant, existing or proposed, may, in the discretion of the Council, be inspected by any Borough official, employee or body, and the Council may, in its discretion, require reports of such inspection prior to the granting or renewal of any license issued or to be issued under this Section, and may require that such inspecting official, employee or body approve the application and the premises to be licensed prior to the issuance of any license. No license under this Section shall be issued, renewed, assigned or transferred except by resolution of the Council.

§ 4-10.7 Location and Marking of Lots.

[Ord. #382, S 4.60; Ord. #335 B; Ord. #335 C, S 1; Ord. #335 D, S 1]

No motor vehicle shall be displayed, stored, parked or located for sale or exchange on any sidewalk or street or part thereof, nor on the licensed premises within two (2') feet of the sideline of any street; nor within five (5') feet of any school, residence, church or place of assembly. The corners as shown on the sketch submitted with the application shall be physically marked on the ground by the installation of a prominently visible post or similar marker, designating the limits of the licensed premises. Any license issued under the provisions of this Section shall state the dimensions of the premises to be licensed.

In no event shall any such motor vehicle be displayed, stored, parked or located any nearer the sideline of any street than the building line of the premises so licensed. Any nonconforming area already licensed at the time of the passage of this Section may be continued as a nonconforming use.

The Council by resolution shall vary the terms of the preceding provision as to the distance from the sideline of any street in the event the Council determines that any of the following conditions apply:

The strict or literal enforcement of the setback requirement shall create an undue hardship due to the size or shape of the property on which the business is to be located.

The development on the surrounding properties would create an undue hardship if the applicant were compelled to comply with the setback requirement.

The property is so uniquely situated that the strict enforcement of the setback requirement would create an undue hardship.

In the event the Council determines by resolution that any of the three conditions exist they may impose such other conditions as they may deem just.

The applicant for a variation of the setback requirement for a used car lot shall file an application for the same not less than 14 days prior to the regular meeting of the Council. The application shall be filed with the Clerk of the Borough.

At least 10 days prior to the time of the regular Council meeting, applicant shall give personal notice to all owners of property situated within or without the Borough, whose property or properties as shown by the lists are located within two hundred (200') feet of the property to be affected by the appeal. The notice shall be given either by handing a copy thereof to the property owners or by leaving a copy thereof at their usual place of abode, if the owners are the occupants of the property affected by such appeal or are residents of the Borough in which the property is located.

Wherever the owners are nonresidents of the Borough, such notice may be given by sending written notice thereof by registered mail to the last known address of the property owner or owners, as shown by the most recent tax lists of the Borough. Where the owner is a partnership, service upon any partner as above provided shall be sufficient, and where the owners are a corporation, service upon any officer, as above set forth, shall be sufficient. The appellant shall by affidavit present satisfactory proof to the Council at the time of the hearing that the notices have been duly served as aforesaid. Upon the hearing any party may appear in person or by agent or by attorney.

The notices shall state the tax block and lot number of the property on which the applicant seeks to vary the terms of this Section and shall set forth the time and date of the Council meeting at which time same shall be discussed.

Prior to acting on the above application the Council shall allow the public to voice its objection, if any, to the application and shall allow the applicant to speak on the same.

§ 4-10.8 Business Hours and Illumination of Lots.

[Ord. #382, S 4.61]

The hours during which any licensed premises may be used for the conduct of such business shall be as follows: On weekdays, form 7:00 a.m. to 10:00 p.m., on Sundays, from 9:00 a.m. to 9:00 p.m. All illumination on the vacant lot or land, other than advertising signs and other than the minimum necessary to provide protection, such as guard or night lights, shall be extinguished no later than 10:00 p.m. on weekdays and no later than 9:00 p.m. on Sundays. Such illumination as is used shall be installed and constructed in such a manner as to deflect the lights from the public highway and from adjacent buildings. The purpose of this provision is to provide for the safety of the traveling public by the elimination of the glare of uncovered lights on the public highways of the Borough.

§ 4-10.9 License; Suspension or Revocation.

[Ord. #382, S 4.62]

Any licensee violating any of the provisions of this Section or willfully making a false statement in his application, or committing any crime or nuisance on the licensed premises, or for any other just cause, may have his license revoked or suspended, after notice and hearing, by the Council. Such notice and hearing shall be as provided by resolution of the Council, which resolution shall provide for at least five days notice of the hearing, in writing, mailed to the licensee at any address set forth in the application or served personally on the licensee or upon any officer, registered agent, or partner of the licensee, as the case may be.

§ 4-10.10 Duration.

[Ord. #382, S 4.63]

All licenses shall be for a term of one year from July 1 in each year. The respective fees for any such license shall be prorated according to the effective date of such license, if issued after July 1, and shall be based on the respective annual fee as in this Section provided. Where the license fee deposited with the application exceeds such prorated fee, a refund of the excess shall be made to the licensee.

§ 4-10.11 Purpose.

[Ord. #382, S 4.64]

This Section is deemed necessary and proper for the protection of persons and property, and for the preservation of the public safety and welfare of the Borough and to reduce traffic hazards and congestion in the public streets; and is passed for the purpose of raising revenue and of regulating the business referred to in this Section.

§ 4-10.12 License Fees.

[Ord. #382, S 4.65; Ord. #677, S 1; Ord. #677B, S 1; Ord. #677C, S 3; Ord. #90-04, S 2; Ord. #91-06, S 2; amended 10-23-2023 by Ord. No. 23-13]

The annual license fee shall be $650.00 for each lot having an area of five thousand (5,000) square feet or less, and an additional $200.00 for every one thousand (1,000) square feet or portion thereof in excess of five thousand (5,000) square feet; provided, however, that the maximum fee shall be $7,600.00 regardless of the number of square feet.

§ 4-11 GARAGE SALES.

§ 4-11.1 Definitions.

[Ord. #668, S 1; Ord. No. 2014-01]

As used in this Section:

GARAGE SALE

Shall mean and include all sales of goods consisting of five or more items from residential premises, whether the sale be conducted indoors and outdoors, and which such sale is designed to attract customers to the place of sale and is typically entitled "garage sale," "lawn sale," "yard sale," "attic sale," "rummage sale," "flea market sale," or other similar name, whether or not the same be advertised in any manner.

GOODS

Shall mean and include any goods, warehouse merchandise or other tangible personal property capable of being the object of a sale regulated hereunder.

PERSON

Shall mean and include individuals, partnerships, voluntary associations and corporations.

§ 4-11.2 Permit Required; Fee.

[Ord. #668, S 2; Ord. #668A-85-37, S 1; Ord. #90-04, S 1; Ord. #96-02, S 1; Ord. #10-03; Ord. No. 2014-01; Ord. No. 2018-07]

No person, individually or in any combination with other persons, shall conduct a garage sale within the Borough without first having obtained a Garage Sale Permit from the Borough Clerk. The Garage Sale Permit shall be issued in the names of all persons conducting the sale for which the permit is sought and for the address at which the sale is to be conducted and for the specific dates on which the sale is to be conducted. The permit shall be filled out in triplicate. One copy of the permit shall be retained by the applicant and a copy of the permit must be affixed to any and all advertising signs.

The fee for a Garage Sale Permit shall be and the same is hereby fixed at $20. Charitable and religious organizations which will apply the entire proceeds of the garage sale to the charitable or religious purposes of the organization shall be exempt from the payment of the fee.

[Ord. No. 2018-07]

Any neighborhood crime watch association certified by the Chief of Police as currently and actively involved with the Police Department of the Borough of North Plainfield as a crime prevention organization may apply for and obtain one Garage Sale Permit in addition to the three Garage Sale Permits otherwise allowed by subsection 4-11.3a. The Police Chief's Certification shall be submitted with the completed application. The Garage Sale Permit shall be issued in the name of the neighborhood crime watch association and in the names of all persons conducting the sale for which the permit is sought, for the address(es) at which the sale is to be conducted and for the specific dates on which the sale is to be conducted. Any such Garage Sale Permit issued to a neighborhood crime watch association shall permit all individuals and residences within the designated area to conduct a garage sale on the dates specified; however, only one twenty ($20.00) dollar fee shall apply to this neighborhood crime watch association Garage Sale Permit.

§ 4-11.3 Restrictions; Display.

[Ord. #668, S 3; Ord. #668A-85-37, S 2; Ord. #668B-86-8, S 1; Ord. #96-02, S 2; Ord. #10-03; Ord. No. 2014-01]

Except as otherwise provided in subsection 4-11.2c, no person, individually, or in any combination with other persons, shall apply for a Garage Sale Permit or conduct a garage sale more frequently than three times within any calendar year. Except as otherwise provided in subsection 4-11.2c, no garage sale shall be conducted at any one location more frequently than three times within any calendar year. No garage sale shall be conducted for a period longer than two consecutive calendar days; each additional day beyond two consecutive calendar days shall require another permit.

Each Garage Sale Permit issued under this Section shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.

Whenever as a result of inclement weather a garage sale has not been conducted on a day for which a Garage Sale Permit has been issued, the permittee may apply to the Clerk for a replacement date which shall be no later than seven days following the cancelled date.

§ 4-11.4 Application Information.

[Ord. #668, S 4; Ord. #668A-85-37, S 3; Ord. No. 2014-01]

All persons intending to conduct a garage sale shall file an application for a Garage Sale Permit with the Borough Clerk containing the following information:

Names and addresses of all persons who are conducting the sale.

Name and address of owner of the property on which the sale is to be conducted and written consent of owner if he is not an applicant.

Location at which sale is to be conducted.

Name and address of up to two neighboring property owners whose property will be used for displaying advertising signs. Such information shall also contain the written executed consent of the landowner(s).

Dates on which sale is to be conducted.

Dates and locations of sales conducted by any of the applicants within the 12 month period immediately preceding the date of the proposed garage sale.

Dates of any other garage sales conducted at the same location within the same calendar year as the date of the proposed sale and the names of the persons to whom permits were issued for said sales.

Description of any other valid vendor's license or permit issued to any of the applicants by a local, State or Federal authority.

Sworn statements or affirmations by all applicants, based upon personal knowledge, that the information contained in the application is true and complete.

§ 4-11.5 Hours of Sale.

[Ord. #668, S 5; Ord. #10-03; Ord. No. 2014-01]

No garage sale shall be conducted at any time prior to 8:00 a.m. or after 6:00 p.m.

§ 4-11.6 Sign.

[Ord. #668, S 6; Ord. No. 2014-01]

Each sign advertising a garage sale shall have a space allotted thereon upon which shall be placed the name and address of the persons to whom the permit has been issued. No sign advertising any sale shall be posted on any place other than the premises upon which the sale is to be conducted except that two additional signs may be added to the permit for placement on neighboring yards with the landowner's written executed permission. All signs are not to exceed four square feet in size and shall not be placed on the premises earlier than one week prior to the sale and shall be removed within 24 hours after the sale has terminated. Any signs placed on neighboring properties shall follow the same rules for placement and removal as herein. All signs, including those on neighboring properties, shall bear a copy of the permit that has been issued.

§ 4-11.7 Exceptions to Provisions.

[Ord. #668, S 7; Ord. No. 2014-01]

The provisions of this Section shall not apply to or affect the following persons or sales:

Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

Persons acting in accordance with their powers and duties as public officials.

§ 4-11.8 Enforcement.

[Ord. #668, S 8; Ord. No. 2014-01]

This Section shall be enforced by the Police Department and/or Construction Official of the Borough. It shall be the duty of the Police Department and/or Construction Official to investigate any violation of this Section.

§ 4-11.9 Violations and Penalties.

[Ord. No. 2014-01]

Any person, family group, corporation or other entity conducting any such sale or similar activity without a proper permit therefor or who shall violate or fail to comply with any and/or all of the terms and/or provisions of this Section and/or any other rules, regulations or provisions adopted by the Council shall be deemed in violation of this Section and shall be liable for a fine not to exceed $300 per day, plus costs of prosecution and court costs/fees. Each day that such sale or violation continues shall be considered and shall constitute a separate offense.

§ 4-12 GAMES OF CHANCE ON SUNDAYS.

§ 4-12.1 Permitted; Application.

[Ord. #543, S 1]

There shall hereby be allowed in the Borough the operation of legalized games of chance on the first day of the week, commonly known and designated as Sunday.

Application shall be made to the Council of the Borough pursuant to the provisions of N. J. Statute 5:8-1.

§ 4-12.2 Approval.

[Ord. #543, S 2]

The Council by a majority vote of its quorum shall either approve or disapprove the conduct of such games of chance on the day using as its basis the affect on the public health, welfare and morals of the Borough.

§ 4-13 MUNICIPAL LICENSES.

§ 4-13.1 Applicability of Provisions.

[Ord. #87-31, S 1]

The provisions of this Section shall apply to all licenses required by ordinance of the Borough of North Plainfield for the maintenance, operation, or conduct of any business, establishment, trade, occupation, or activity, within the Borough.

§ 4-13.2 Issuance.

[Ord. #87-31, S 2]

No such license shall be issued for a period in excess of 30 days if the premises to be used for the licensed purpose do not substantially comply with the requirements of all ordinances, including the Land Use Ordinance, and the requirements of site plan approval for the premises.

§ 4-13.3 Suspension or Revocation.

[Ord. #87-31, § 3]

Any such license shall be subject to suspension or revocation for one or more of the following reasons:

Violation of any of the provisions of the particular licensing ordinance;

Violation of any of the terms and conditions of the license;

Violation of any applicable statute or State administrative regulation;

Violation of any ordinance applicable to the premises being used for the licensed purpose, including the Land Use Ordinance;

Violation of site plan requirements for the premises being used for the licensed purpose;

Any other just cause consistent with due process of law.

§ 4-13.4 Emergency Suspension.

[Ord. #87-31, § 4]

The Mayor may, in the event of any emergency involving the public health, safety, or welfare, suspend any such license for a period not to exceed seven days upon written notice to the licensee and the Council. Any emergency suspension may be canceled by the Mayor or by resolution of the Council.

§ 4-13.5 Notice.

[Ord. #87-31, § 5]

The Council may suspend or revoke any such license after it has preferred written charges against the licensee and afforded the licensee an opportunity, upon at least 48 hours notice, to show cause why its license should not be suspended or revoked. The notice shall be in writing, shall contain the date, time, and place at which the licensee will be given an opportunity to be heard, and shall include a copy of the charges preferred against the licensee.

§ 4-13.6 Delivery of Notice.

[Ord. #87-31, § 6]

Any notice required to be given to a licensee shall be effective if delivered personally to the licensee or to any officer, agent, or employee thereof, or if mailed, certified mail, postage prepaid, to the licensee at the address listed on the license or on the license application.

§ 4-14 REAL ESTATE CANVASSING.

§ 4-14.1 Definitions.

[Ord. #94-10, S 1]

As used in this Section:

CANVASSING

Shall mean door-to-door soliciting or soliciting by the use of circulars, visitations or any other means where the canvasser or his employer has not been invited or requested by the owner, as defined in this Section, to obtain a listing of real property or to confer with the owner regarding a real estate transaction. Such term shall not apply when such soliciting is restricted to a specific house on a particular day.

OWNER

Shall mean the lessee, sublessee, assignee, managing agent or other person having the right of ownership or possession or the right to sell, rent or lease any real property.

PERSON

Shall mean any firm, association, partnership or corporation, as well as a natural person. Such term, as applied to partnerships or other associations, includes their members, and as applied to firms or corporations, includes their officers and employees.

PURCHASER

Shall mean any occupant, prospective occupant, lessee, prospective lessee, buyer, prospective buyer or any agent of these.

§ 4-14.2 Filing of Form; Contents of Form.

Any person who receives or expects to receive pecuniary gain from the sale of real property in the Borough shall be required to complete and file a form provided by the Borough Clerk in accordance with paragraphs b and c of this subsection prior to engaging in any activities to canvass in the Borough in an attempt to obtain listings of real property or in an attempt to bring about the sale or purchase of real property.

The form shall require the following information:

The name, street address and telephone number of the person intending to canvass and the name, street address and telephone number of the person completing the information on the form.

The name, street address and telephone number of the person, employee or agency on whose behalf the application for permission to canvass is made.

A detailed listing of each individual location and block on which the person intends to canvass and setting forth the particular date and time of day on which the canvass will take place.

The particular method of canvassing intended, whether by personal calls, circular distribution, mail or telephone.

The purpose, service or product being sold, introduced or advertised.

The form shall be completed and filed no less than 10 days nor more than 30 days prior to the date on which the canvass will take place.

No person, firm, agent or employee of any firm who has filed a form required in paragraphs b or c of this subsection shall again canvass the same property listed therein within a period of one year.

§ 4-14.3 Prohibited Acts.

[Ord. #94-10, S 1]

It shall be unlawful for any person to commit any one or more of the following acts:

To induce, directly or indirectly, or attempt to induce, directly or indirectly, the sale or listing for sale of real property by representing that an adverse change has occurred, will occur or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located.

To induce, directly or indirectly, or attempt to induce, directly or indirectly, the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion or national origin in the area will or may result in any of the following:

The lowering of property values.

An increase in criminal or antisocial behavior in the area.

A decline in the quality of schools serving the area.

To make any misrepresentations concerning the listing for sale, anticipated listing for sale or the sale of real property in the area for the purpose of inducing or attempting to induce the sale or listing for sale of real property.

To make any representation to any prospective purchaser that any block, neighborhood or area has, will or might undergo an adverse change with respect to the religious, racial or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area.

To place a sign purporting to offer for sale any property that is not in fact offered for sale.

To advertise for sale or rental property which is nonexistent or which is not actually for sale or rental.

To engage in acts or activities of any nature, or to hire or conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest, create or play upon fear with the purpose of inducing or attempting to induce the sale or listing for sale of real property.

To solicit from any homeowner who has previously requested in writing that such person refrain from soliciting such homeowner.

To engage in any economic reprisal or any other form of intimidation against any person because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under the terms of this Section.

To aid, abet, incite, compel or coerce any person to engage in any of the practices forbidden by this Section or to obstruct or prevent any person from complying with the provisions of this Section.

§ 4-14.4 Violations and Penalties.

[Ord. #94-10, S 1]

Any person who violates any provision of this Section shall, after conviction, be subject to the penalty provisions of N.P.R.G.O. 1-5 for each violation.

§ 4-15 (RESERVED) [1]

[1]

Editor's Note: Prior regulations concerning massage, bodywork and somatic therapy as adopted by Ord. No. 08-12 and previously codified at Section 4-15 are superseded by Board of Health Ord. No. HO 2014-02 which may be found in Chapter 26, Health Regulations, Section 26-10.

§ 4-16 TANNING BOOTH ESTABLISHMENTS.

§ 4-16.1 Definitions.

[Ord. #08-14]

For the purpose of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

EMPLOYEE

Shall mean any person who renders any service in connection with the operation of a tanning booth establishment business and receives compensation from the operator of the business.

LICENSE

Shall mean the document issued by the Borough of North Plainfield authorizing the tanning booth establishment.

LICENSEE

Shall mean any person who holds a license issued by the Borough of North Plainfield authorizing the tanning booth establishment.

PATRON

Shall mean any person who uses the tanning booth services under such circumstances that it is reasonably expected that he or she will pay money or give other consideration therefor.

TANNING BOOTH

Shall mean any enclosed or semi-enclosed area or room, containing one or more ultraviolet lamps intended for irradiation of any part of the human body to induce skin tanning.

TANNING BOOTH ESTABLISHMENT

Shall mean any commercial enterprise or facility containing at least two tanning booths, provided that this definition shall not include any hospital, clinic or other medical facility wherein ultraviolet radiation is or may be used under the supervision of a trained medical staff for the diagnosis or treatment of disease. Any licensee must establish, in writing, why he/she wishes to have less than two tanning booths. A finding that having less than two tanning booths is insufficient shall be considered a presumptively valid decision.

§ 4-16.2 License Required.

[Ord. #08-14]

Establishment License. No person, firm, corporation or other entity shall conduct, maintain and/or operate a tanning booth establishment without first having obtained a license therefor in accordance with the provisions of this Section.

Application for a tanning booth establishment license shall be made to the Borough Board of Health, on forms approved by it, signed and executed by the applicant.

Any person, firm, corporation or other entity desiring a tanning salon establishment license shall file a written application with the Borough Board of Health and pay a nonrefundable annual application/license fee of $100 at the time of filing. All applicants shall furnish the following information:

The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;

The name, style and designation under which the business is to be conducted;

The business address and all telephone numbers, including facsimile, where business is to be conducted;

A complete list of the names and addresses of all employees in the business and the name and address of the manager or other person principally in charge of the operation of the business;

Proof of comprehensive general liability insurance in the minimum amount of one million ($1,000,000.00) dollars per occurrence and professional liability insurance in the minimum amount of one million ($1,000,000.00) dollars per occurrence; and,

The following personal information concerning the applicant if the applicant is an individual; concerning each stockholder holding more than 10% of the stock of the corporation and/or each officer and each director if the applicant is a corporation; concerning each partner, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the operation of the business:

(a)

The applicant's name, complete residence address and residence telephone number;

(b)

The two previous addresses immediately prior to the present address of the applicant;

(c)

Written proof of age;

(d)

Height, weight, sex and color of hair and eyes;

(e)

Two front-face photographs taken within 30 calendar days of the date of the application which are at least two inches by two (2"x2") inches in size;

(f)

The tanning salon or similar business history and experience of the, applicant, including, but not limited to, whether or not the applicant has previously operated in the Borough or another municipality or State under a license or permit which was ultimately denied, revoked or suspended and the reason therefor and the business activities or occupations subsequent to such action or denial, suspension or revocation;

(g)

All criminal convictions, other than misdemeanor traffic violations, with full disclosure of all jurisdictions in which convicted and the offense for which the person was convicted and circumstances thereof. The applicant shall execute a waiver and consent to allow a fingerprint and criminal background check by the Borough Police Department; and,

(h)

The names and addresses of three adult residents of Somerset County in the State of New Jersey who will serve as character references, which references shall not be relatives or business associates.

§ 4-16.3 Conditions and Requirements.

[Ord. #08-14]

No license to conduct, maintain or operate a tanning booth establishment shall be granted to any person until such person has demonstrated to the satisfaction of the Board of Health that the following conditions and requirements have been met:

Each tanning booth shall have prominently displayed on its door or beside its entrance a sign that states "DANGER-Ultraviolet Radiation. Follow instructions. As with natural sunlight, overexposure can cause injury and sunburn; repeated exposure may cause premature aging of skin and skin cancer. Exposure of eyes to ultraviolet light without protective eyewear may cause serious injury to eyes. Medications or cosmetics applied to skin may increase oversensitivity to ultraviolet light, as may a family history of skin problems or allergy to sunlight. Consult a physician before using this booth if you are taking any medication or if you believe yourself sensitive to sunlight."

Each tanning booth shall be equipped with handrails, floor markings or other suitable physical aids to assure that the user maintains the proper exposure distance from the lamps.

Users shall, on each visit, be provided free of charge sanitary protective eyewear that protects the user's eyes from ultraviolet radiation but permits sufficient vision to enable the user to maintain balance, read necessary labels or instruction and effect a quick, safe exit from the tanning booth.

Each timer used to control exposure duration, whether controlled by the user from within the tanning booth or by the operator and/or an employee of the tanning booth establishment, shall be accurate to within plus or minus 10% or any selected timer interval.

The ambient air temperature in each tanning booth shall, at no time, exceed one hundred degrees (100°F) Fahrenheit.

Each tanning booth shall be sufficiently strong and rigid to resist collapse due to the impact of a falling person. Tanning booth access doors shall open outwardly and shall, in all other respects, be designed to facilitate safe and rapid entrance to and exit from the booths. Tanning booth floors shall provide adequate traction, even when wet, to allow such safe and rapid ingress and egress.

Each tanning booth shall be equipped with heavy wiregrids, ultraviolet transmitting plastics or some similar physical barrier to protect users from contact with ultraviolet lamps. Such barrier shall be sufficiently strong and rigid to resist collapse due to the impact of a falling person.

Each tanning booth and tanning booth establishment shall be constructed, operated and maintained in compliance with the Zoning Ordinances, Building Codes, Electrical Standards and every other applicable ordinance of the Borough of North Plainfield and the State of New Jersey.

Each tanning booth establishment shall obtain and maintain on file with the Borough Board of Health a certification from a dermatologist approved by the Board of Health stating that the methods for exposure determination, both as to duration and distance, utilized by the tanning booth establishment are safe and that such methods comply with current medical standards.

10.

Each tanning booth establishment and the equipment used therein shall comply with the regulations promulgated by the United States Food and Drug Administration and published in Volume 21 of the Code of Federal Regulations at 1002.61 (a)(4) and 1040.20, as amended and/or supplemented as applicable.

§ 4-16.4 Contents of License; Transferability; Display.

[Ord. #08-14]

Each license issued under the provisions of this Section shall bear the actual date of issue thereof, the legal name of the person, firm, corporation or other organization to whom issued and the location of the premises or other place of operation for which the license is requested.

No license shall be transferable.

Each tanning booth establishment shall display its license in a conspicuous place on the licensed premises.

§ 4-16.5 Building Requirements; Inspections.

[Ord. #08-14]

The Board of Health shall refer all applications for a tanning booth establishment to the Building Department, Fire Department, Police Department and the Zoning Officer, which departments shall inspect the premises proposed to be operated as a tanning booth establishment and make written recommendations to the Board of Health concerning compliance with the codes that they administer.

No tanning booth establishment shall be issued a license, or be operated, established and/or maintained in the Borough, unless an inspection by the health officer, building inspector and/or fire inspector reveals that the establishment complies with the minimum requirements of the health, building and fire codes for businesses operating in the Borough.

§ 4-16.6 Expiration of License.

[Ord. #08-14]

All licenses granted under the provisions hereof shall expire on December 31 of the year for which the same are granted, unless suspended or revoked or unless issued for a shorter period.

§ 4-16.7 Operating Requirements.

[Ord. #08-14]

Every portion of the tanning booth establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

Prices and rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.

All tanning booths shall be constructed and maintained in such a way as to safeguard the privacy of all patrons. In no case shall tanning room access doors be locked when both a patron and any employee are inside the room and/or booth.

No tanning booth establishment employee or operator shall perform, or offer to perform, any act or service which would require the touching of the patron's sexual or genital area.

Hours of operation for any tanning booth establishment shall be limited to 9:00 a.m. to 10:00 p.m., seven days per week.

§ 4-16.8 Inspections.

[Ord. #08-14]

The Health Department and/or the Building or Zoning Department and/or the Fire Department and/or the Police Department shall, from time to time, at least once a year, make an inspection of each tanning booth establishment granted a license under the provisions of this Section for the purpose of determining whether the provisions of this Section are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any way.

§ 4-16.9 Sleeping Quarters.

[Ord. #08-14]

No part of any quarters of any tanning booth establishment shall be used for or connected with any bedroom or sleeping quarters nor shall any person sleep in such tanning booth establishment except for limited periods incidental to and directly related to tanning. This provision shall not preclude the location of a tanning booth establishment in separate quarters of a building housing a hotel or other separate business or club.

§ 4-16.10 Denial, Suspension or Revocation of License.

[Ord. #08-14]

Any license authorized by this Section may be denied, suspended or revoked by the Borough Board of Health after notice and a hearing for any of the following causes:

Fraud, misrepresentation or false statement in the application for the license;

Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the Borough;

Any violation of this Section;

Conviction of a crime involving moral turpitude, sexual misconduct, prostitution or any crime involving dishonesty; and/or,

Conducting the permitted business in the Borough in any unlawful manner or in such a manner as to constitute a danger to the health, safety or general welfare of the public.

Notice of the healing for the denial, suspension or revocation of a license shall be given in writing, setting forth specifically the grounds therefor and the date, time and place of the hearing. Such notice shall be given personally or mailed to the licensee at the address provided on the application or license at least 10 calendar days prior to the date set for the hearing.

§ 4-16.11 Violations.

[Ord. #08-14]

Any person, firm, corporation or other entity who shall violate any of the provisions of this Section shall, upon conviction, be fined a minimum of $500 and a maximum of $2,000, and may be imprisoned for up to 90 days in jail for each offense. Each and every day upon which a violation of any provision of this Section exists shall constitute a separate violation.

§ 4-17 RECREATIONAL CANNABIS TAX.

§ 4-17.1 Definitions.

[Added 8-16-2021 by Ord. No. 21-11; amended 2-13-2023 by Ord. No. 23-02]

As used in this section:

CANNABIS