[HISTORY: Adopted by the Council of the Township of Monroe 10-10-02 by Ord. No. 0-10-2002-045. Amendments noted where applicable.]
[Editor's Note: Former Ch. 72, Parking for the Handicapped, adopted 8-6-84 by Ord. No. 26-84 and containing Ord. No. 37-84 and 6-89-25, was repealed by Ord. No. 0-6-91-019. See Ch. 122 for handicapped parking regulations.]
For purposes of this chapter, the following words shall have
the meaning ascribed to them in this section:
Fruits, vegetables and farm products such as meat, poultry,
butter and eggs.
(Hereinafter referred to as "outdoor commercial sale(s)") Sales which are permitted by Chapter 108 of the Land Development Ordinance, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor conducted from premises zoned for commercial sales which sales are commonly known as "sidewalk sales," "parking lot sales," "bargain sales," "holiday sales," and/or occasional displays or sales which are conducted wholly or partly outdoors.
Any merchandise, including agricultural products and Christmas
trees, or other property or service which is the object of an outdoor
commercial sale regulated hereunder.
A corporation, association and/or group of persons organized
for philanthropic, charitable, religious, patriotic and/or public
service purposes and not for private gain.
An area outside of a building or structure which is used
in conjunction with a business located on the property for exhibiting
its goods.
Any individual, partnership, voluntary associations and/or
corporation.
A sales event conducted by one or more persons which is held
outside the confines of the commercial or manufacturing structure(s)
where such business is normally conducted and which sale involves
the outdoor display of goods.
A.
Permit required; fee. It shall be unlawful for any person to conduct
outdoor commercial sales in the Township without first filing an application
for and obtaining a permit from the Township Clerk. Upon filing of
an application for a permit, the applicant shall pay $100 to cover
the costs associated with investigation, administration and enforcement
of this chapter.
B.
Application for and exhibition of permit.
(1)
All applications for permits for outdoor commercial sales must be
made at least 20 days prior to the outdoor commercial sale.
(2)
All permits shall be issued for a period of no longer than 10 calendar
days.
(3)
No more than two outdoor commercial sales may be held by any person
in one calendar year.
(4)
Any permit issued under this chapter must be prominently displayed
on the premises where the outdoor commercial sale is being conducted
throughout the entire period of the outdoor commercial sale.
C.
Information to be included in permit application.
(1)
The following information must be included in every application for
a permit pursuant to this chapter:
(a)
Name of the applicant;
(b)
The applicant's address and telephone number;
(c)
A description of the goods or services to be sold;
(d)
If employed, the name, address and telephone number of the applicant's
employer;
(e)
The location of the outdoor commercial sale;
(f)
The duration of the outdoor commercial sale for which the permit
is sought;
(g)
If a vehicle or vehicles are to be used in conjunction with
the outdoor commercial sale, a description of such vehicle(s), including
make, model, year and license plate number;
(h)
Whether the applicant intends to set up a structure, such as
a tent, to be used in conjunction with the outdoor commercial sale;
(i)
The place where the goods to be sold at the outdoor commercial
sale are manufactured or produced;
(j)
The place where the goods are located at the time of the application
and the method of delivery to the site of the outdoor commercial sale;
(k)
Two photographs of the applicant, taken no more than 60 days
prior to the date of the application. The photograph shall measure
two by two (2 x 2) inches and clearly show the head and shoulders
of the applicant. The picture requirement may be waived by the Township
Clerk in connection with a renewal application;
(l)
Business or banking references from two institutions located
within the County of Middlesex, State of New Jersey;
(m)
A statement indicating whether the applicant has ever been convicted
of a crime, disorderly persons offense and/or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor;
(n)
If the applicant and the owner of the property where the proposed
outdoor commercial sale is to take place are not the same person,
written permission of the property owner authorizing the use of his
property for the outdoor commercial sale.
D.
Records. The Township Clerk shall maintain a record of all permits
issued under the provisions of this chapter and shall record therein
all convictions for violations of this chapter and other pertinent
information reported to him/her.
E.
Denial of permit application; appeal.
(1)
Notice of the denial of a permit application shall be mailed to the
applicant's last known address via regular and certified mail.
Within 10 days after notice of the denial has been mailed to the applicant,
he may file an appeal with the Township Council which must include
a written statement fully setting forth the basis upon which the appeal
is being taken.
(2)
The Township Council shall set a time and place for a hearing on
the appeal and notice of such hearing shall be given to the applicant.
The decision of the Township Council on such appeal shall be final.
F.
Persons exempt. The requirements of Section 72-2 of this chapter, with respect to permitting, shall not apply to the following:
[Added 5-5-03 by Ord.
No. 0-5-2003-020]
(1)
Any person selling agricultural products and/or Christmas trees on
property where such products are permitted to be grown and/or sold
on property that the Township has previously approved for that use.
(2)
Any nonprofit organization that sells goods when the proceeds of
the sale shall be applied to the expenses of the sale and/or to the
nonprofit purpose for which the organization was formed. This exemption
shall not apply to an individual who plans to donate the proceeds
of a commercial outdoor sale to a nonprofit organization.
(3)
Any person honorably discharged from military service, who is a resident
of the State of New Jersey, pursuant to N.J.S.A. 45:24-9(a) and who
has received a license pursuant to N.J.S.A. 45:24-10.
(4)
Any person who is an exempt member of a volunteer fire department
as defined in N.J.S.A. 45:24-9(b), who is a resident of the State
of New Jersey and who has received a license pursuant to N.J.S.A.
45:24-10.
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Those exempt from the permitting requirements of Section 72-2 are not exempt from any other provisions of this chapter.
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A.
Location of outdoor commercial sales.
(1)
No person subject to the provisions of this chapter shall conduct
an outdoor commercial sale within 1,500 feet of a permanent business
selling the same goods, unless the person conducting the outdoor commercial
sale is the owner of the permanent business which is within 1,500
feet of the outdoor commercial sale.
(2)
Goods must be located so as not to interfere with pedestrian and/or
vehicular traffic and/or access to any store front. For an outdoor
commercial sale taking place in front of a store, there must be at
least a five foot clear area in front of the display so that disabled
pedestrians and others will have sufficient space to maneuver around
the outdoor commercial sale.
B.
Use of premises.
(1)
Tents. In order to utilize a tent in conjunction with an outdoor
commercial sale, approval of the Fire Official is required. No hook-up
to water and/or sewer is permitted. The tent may not exceed 150 square
feet and shall not be occupied as living space.
(2)
Lighting. If lighting is necessary, an electrical permit is required.
(3)
Signs. No more than two temporary signs may be used in conjunction
with the outdoor commercial sale. Such temporary sign(s) shall be
no greater than 15 square feet in area, shall not be illuminated and
must be set back at least 20 feet from any right-of-way.
C.
Permitted hours for outdoor commercial sale. Outdoor commercial sales
are permitted between the hours of 9:00 a.m. and 6:00 p.m., Monday
through Sunday.
D.
Persons exempt. The requirements of this chapter shall not apply
to the following:
(1)
Any person selling agricultural products and/or Christmas trees on
property where such products are permitted to be grown and/or sold
on property that the Township has previously approved for that use.
(2)
Any nonprofit organization that sells goods when the proceeds of
the sale shall be applied to the expenses of the sale and/or to the
nonprofit purpose for which the organization was formed. This exemption
shall not apply to an individual who plans to donate the proceeds
of a commercial outdoor sale to a nonprofit organization.
(3)
Any person honorably discharged from military service, who is a resident
of the State of New Jersey, pursuant to N.J.S.A. 45:24-9(a) and who
has received a license pursuant to N.J.S.A. 45:24-10.
(4)
Any person who is an exempt member of a volunteer fire department
as defined in N.J.S.A. 45:24-9(b), who is a resident of the State
of New Jersey and who has received a license pursuant to N.J.S.A.
45:24-10.
A.
Enforcement. It shall be the duty of the Township Police Department
and/or the Zoning Officer to enforce the provisions of this chapter.
B.
Violations. Any person conducting an outdoor commercial sale without
complying with and/or violating the provisions of this chapter may
have his permit summarily revoked by the Zoning Officer. Additionally,
if found guilty of any violation of this chapter, such person shall
be fined not more than $100 per day for the first seven calendar days
during which a violation exists, and not more than $200 per day for
each succeeding day during which the violation continues. A separate
fine shall be assessed for each violation.
C.
Revocation of permits.
(1)
Permits issued pursuant to this chapter may be revoked by the Township
Clerk, in writing, for any of the following reasons:
(a)
Fraud, misrepresentation, or false statements contained in an
application for a permit;
(b)
Fraud, misrepresentation, or false statements made by the permit
holder and/or his agents, servants and/or employees in the course
of conducting an outside commercial sale;
(c)
Any violation of this chapter;
(d)
The permit holder has been convicted of any crime or offense
involving moral turpitude;
(e)
Conducting the permitted outdoor commercial sale in an unlawful
manner and/or in such a manner so as to breach the peace and/or to
constitute a menace to the health, safety, or general welfare of the
public.
(2)
Revocation of a permit may be appealed to the Township Council in
the same manner as the denial of a permit under this chapter. The
outdoor commercial sale may not continue during the pendency of any
appeal.
