Borough of Pine Hill, NJ General Licensing

§ 4-1 LICENSING OF SOLICITORS, CANVASSERS AND ITINERANT VENDORS.

When used in this section, the following terms shall have the meaning indicated:

Shall mean and include any person, whether or not a resident of the Borough of Pine Hill, traveling about the Borough of Pine Hill either on foot, by vehicle or by any other manner, means or method, who shall go from house to house, place to place or street to street conveying or transporting goods, products, wares, merchandise, food or drink or any product thereof, offering or exposing the same for sale or making sales and delivering articles to purchasers.

HIS

Includes "her" or "its."

ITINERANT AND TRANSIENT MERCHANTS AND PEDDLERS

Is included in the definition of "hawker," "peddler" and "vendor" as above set forth.

PERSON

Shall mean and include any individual, partnership, partner, corporation or corporations.

VENDING UNIT

Shall mean a cart, truck or other mode of transporting food, goods or wares for the purpose of hawking, peddling and vending.

§ 4-1.2 License Required.

It shall be unlawful for any hawker, peddler or vendor, as herein defined, to engage in such activity within the Borough of Pine Hill without first obtaining a license therefor in accordance with the provisions of this section.

§ 4-1.3 Application.

Applicants for a license under this section shall file with the Borough Clerk an application, in duplicate, on forms to be furnished by the Borough Clerk, that shall give the following information, all of which shall be sworn to:

Name and physical description of the applicant.

Permanent home address and local mailing address and telephone number, if any, of the applicant; motor vehicle license and registration if a motor vehicle is to be used in the activity for which the applicant requests a license.

A brief description of the business or activity; the goods or items as described in the definition of hawker, peddler and vendor in Subsection 4-1.1, Definitions hereof, intended to be sold; the name and address of the principal office of the manufacturer thereof and/or of the principal for whom or which such applicant is acting as agent, employee or representative; and the length of time for which such agency, employment or representation has existed, and credentials establishing such relationship.

The length of time for which the right to do business is desired, in accordance with the schedule hereinafter set forth, and some reference or evidence which will help to properly evaluate the character and responsibility of the applicant.

A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violations of any municipal ordinance, other than a traffic violation; the nature of the offense; the place where convicted; and the punishment or penalty, if any, assessed therefor.

If the applicant is a partnership or corporation, then it shall set forth the names of its employees or representatives who are to engage in the business or activity for which the license is requested, as part of its application, and shall furnish the same information for each of such persons as above set forth.

Proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the licensee and the Borough from all claims and damages to property and bodily injury, including death, which may arise from operations under or in connection with the hawking, vending or peddling. The amounts of the insurance to be maintained are: Personal injury $100,000 per person; $300,000 per occurrence; Property damage $50,000. Such insurance shall provide that the policy shall not terminate or be cancelled prior to the expiration date without 30 days advance written notice to the Borough.

§ 4-1.4 Types Of Licenses.

The license issued shall be classed as "individual" for those issued to individual applicants, and "firm" for all others.

§ 4-1.5 Terms Of License.

The applicant shall request a license for the following periods of time:

Annual.

Semiannual.

Quarterly.

Monthly.

Weekly.

§ 4-1.6 Investigation And Issuance.

Upon the receipt of such application, the original thereof shall be referred immediately by the Borough Clerk to the Chief of Police of the Borough, who shall cause to be made such investigation of the applicant's business and moral character as he deems necessary for the protection of the public welfare.

Such investigation shall be completed within three days after the receipt of such application, and said chief shall endorse thereon his approval or disapproval and, if disapproved, his reasons therefor; and he shall immediately notify the applicant that his application has been disapproved. The application, so endorsed, shall be returned forthwith to the Borough Clerk.

If the application has been disapproved by the Chief of Police, such applicant may file with the Borough Clerk a request, in writing, for a hearing on the ruling of the Chief of Police, and the Borough Council shall then set a time and place for a hearing on such request, which hearing shall be within 30 days after receipt of the written request therefor. At such hearing, the applicant shall have full and ample opportunity to present facts and circumstances to support the issuance of a license in accordance with the application, and said body shall then decide whether the applicant should receive such license.

If the application has been approved by the Chief of Police, he shall endorse his approval thereon and shall promptly return it to the Borough Clerk, who, upon payment of the prescribed license fee, as hereinafter set forth, shall execute and deliver the license to the applicant. The Borough Clerk shall keep a record of all licenses issued, the fees received and of all complaints made, if any, concerning each license.

§ 4-1.7 Badges.

At the same time the license is issued by the Borough Clerk, the licensee shall also be given a badge containing the words "licensed vendor." If the licensee is a partnership or corporation and has one or more employees or representatives, or an individual having employees or representatives who are to participate in the business or activity for which a license has been issued, then a badge shall be issued for each of such persons or individuals, as well as a duplicate copy of such license for each of them, which copy or copies shall be serially numbered. In order to obtain such badges, such licensee, in addition to the license fee, shall leave a deposit with the Borough Clerk in the sum of $5 for each badge, which sum shall be refunded to the licensee on return of each badge or badges in good condition.

§ 4-1.8 Fee; License Expiration: Nontransferability.

The fees for licenses, which are intended for revenue purposes, shall be in accordance with the following schedule:

Term of License	Individual	Firm
Annual	$50	$50
Semiannual	$30	$30
Quarterly	$20	$20
Monthly	$15	$15
Weekly	$10	$10

All licenses shall expire on January 31 of each year. They are not transferable and shall be surrendered after expiration, before a renewal license can be issued; and they shall not be used at any time by any person other than the one to whom they are issued.

§ 4-1.9 Exhibition Of License.

All persons holding a license shall exhibit it upon the request of any citizen; and while engaged in activity for which the license was issued, each person shall wear and display such badge conspicuously on the front of his clothing.

All persons holding a license shall notify the Borough Clerk either in writing or in person of any change in business address or residence of said license within 30 days of said change.

§ 4-1.10 Notification To Police To Engage In Licensed Activity.

On each day that such licensee or its agents or employees shall travel about the Borough of Pine Hill to engage in the activity for which the license was issued, the Chief of Police or his representative shall be notified of the intention to do so in order that the Police Chief shall know who is traveling about the Borough and for what purpose and whether such person is licensed to do so.

§ 4-1.11 Revocation.

Licenses issued under this section may be revoked by the Borough Council of the Borough of Pine Hill after reasonable notice and hearing, for any of the following causes:

Misrepresentation, fraud or false statement contained in the application for the license.

Misrepresentation, fraud or false statement made in the course of carrying on the activity for which the license was issued.

Conviction of any crime or misdemeanor involving moral turpitude.

Any violation of this section.

Conducting the business of a peddler, as herein defined, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

Notice of a hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, with postage prepaid thereon, or may be hand delivered, at the last known address of the licensee, or may be given to the licensee personally at least five days prior to the date of the hearing.

§ 4-1.12 Health and Sanitation Requirements.

Hawkers, peddlers and vendors of food and beverages shall comply with the inspection provisions and standards of the New Jersey Sanitary Code (in particular N.J.A.C. 8:24 8.1 through 9.11). The equipment used in the vending of food and beverages shall be inspected upon application for registration and receive a certificate of inspection upon compliance with all applicable or Borough ordinances and state statutes. Such certificate shall be clearly displayed on the peddling vehicle or cart. Each food and beverage vending unit shall be inspected at least once a year.

§ 4-1.13 Safety Requirements.

All vending units, whether in motor vehicles or not, in or from which food is prepared or sold, shall comply with the following requirements:

All equipment installed in any part of the vending unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.

All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage knives.

§ 4-1.14 Regulations.

Prohibition of fixed location sales.

The right to hawk, peddle and vend is the right to go from door to door, place to place selling one's wares, not the right to remain indefinitely at a fixed location.

A hawker, peddler and vendor shall not sell or offer for sale to the general public any food, goods, wares or merchandise from a fixed location. Hawkers, peddlers and vendors are obligated to move about, going from door to door, place to place, to sell foods, goods, wares and merchandise.

(a)

A peddler sells or offers for sale from a fixed location for a period of time of 20 minutes or longer, unless extended as provided below.

(b)

The 20 minute time limitation is extended beyond 20 minutes for such period of time that customers are being served by the hawker, peddler or vendor wherein the customers or prospective customers:

(1)

Are examining, viewing, testing, pricing, returning, etc. the merchandise.

(2)

Are seeking information from the peddler, and/or

(3)

Are making a purchase or sale, and/or

(4)

Are waiting to be attended by the peddler.

(5)

The 20 minute time limitation is further extended for such time following a sale or purchase that the hawker, peddler or vendor may need to replace or replenish merchandise, to perform that which is necessary to clean or straighten up his cart, merchandise, etc., to secure the proceeds of the sale; to file copies of receipts and other such acts that occur following a sale of merchandise. However, the total time allotted for acts following a sale under this subsection shall not exceed 10 minutes.

(6)

At the expiration of the 20 minutes plus the extended period as provided above, the peddler must move from such location to a location at least 25 feet away. Such hawker, peddler or vendor cannot return to within 25 feet of such location for a period of at least one hour. No peddler has the right to any particular location on the public streets and sidewalks or public place.

Prohibited conduct. No hawker, peddler or vendor shall:

Stock or display items to be sold upon the sidewalks, street, right-of-way, parking lots or vacant lands and premises. All food, goods and wares or merchandise must be located solely on one vending unit.

Stock, display, sell or offer for sale to the general public any foods, wares or merchandise from a fixed location on any public or private property, including parking lots, vacant lands and premises or other open areas.

Station, place, set up or maintain his vending unit to allow it to remain on any sidewalk in such a way as would:

(a)

Substantially restrict, obstruct, interfere with or impede the pedestrian's right-of-way;

(b)

Substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;

(c)

Create or become a nuisance;

(d)

Increase traffic congestion, cause or increase traffic delay or hazards;

(e)

Cause or create or constitute a danger to life, health or property;

(f)

Sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which must be attached to his cart or vehicle which shall be clearly marked and maintained for his patronage's use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him.

Station, set up or maintain his vending unit or goods against display windows of fixed location businesses, nor shall they be within 20 feet from an entranceway to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly.

Place a vehicle or cart or conduct a general peddling business at a location in the street where stopping, standing or parking is prohibited, or being a time period when stopping, standing or parking is restricted.

Violate any traffic parking law, ordinance or regulation, or operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles.

Station, place, set up or maintain his cart or his goods, wares or merchandise, or allow it to remain on any part of the sidewalk for sale or display or to be sold if to do so would place the seller or his goods, wares or merchandise closer than 10 feet from intersecting streets or sidewalks.

Station, place, set up or maintain his cart or allow it to remain on any sidewalk if to do so would obstruct pedestrian right-of-way.

Engage in the business of peddling within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.

10.

Engage in the business of peddling on any sidewalk or along any street which has been designated as a bus stop. For the purposes of this act, the word bus stop shall include the sidewalk and the adjoining street where that street has been designated as a bus stop.

11.

Engage in the business of peddling on any sidewalk or along any street within 15 feet of any fire hydrant, crosswalk or driveway or within 200 feet of the grounds of any school between 1/2 hour prior to the school day and one half hour after dismissal at the end of the school day and within 200 feet of the grounds of any church, synagogue or other house of worship while same is in session.

12.

Station, place, set up or maintain his cart or vending unit or allow the same to remain on any sidewalk or right-of-way if to do so would place him closer than 30 feet to any other peddler who is selling on the sidewalk if not separated by a public street.

13.

Station, place, set up or maintain his cart or vending unit on the sidewalk or allow it to remain there except at the curbline for the purpose of selling goods, wares or merchandise therefrom.

14.

Use any vending unit which, fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employees or attendants.

15.

Leave any cart or vending unit unattended at any time or store, place or lease the same overnight on any sidewalk or public way of the city.

16.

Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of his unit.

17.

Solicit or conduct business with or sell to persons in motor vehicles.

18.

Engage in the business of selling at any location without giving a written receipt to each customer, or engage in the business of selling in any location without maintaining on his person or on the cart or vehicle receipts showing the sales made during the preceding week. The receipts shall show clearly the seller's name, business address, license number, a description of the merchandise sold, the purchase price and shall be sequentially numbered.

19.

Use or operate any loudspeaker, public address system, sound amplifier, horn, bell, radio, record player, tape player, CD player, musical instrument or any similar device used to attract the attention of the public.

§ 4-1.15 Hours Of Operation.

The hours of operation by a hawker, peddler or vendor under this section shall be 9:00 a.m. to 9:00 p.m. local time.

§ 4-1.16 Door To Door Sales.

This amended section does not prohibit peddlers, solicitors, canvassers or transient merchants from selling merchandise from door to door wherein such sales are to the owners or occupiers of dwellings or buildings wherein such sales and the delivery of merchandise occurs on the private property of such owners and/or occupiers.

Exceptions:

This section shall not be construed as to apply to the selling of any item or article to wholesale dealers in such articles or items or to the delivery of milk, bread, butter or newspapers or to the other articles or item of food or merchandise of a type which are generally considered household necessities and that are commonly delivered on a house to house basis at intervals of a week or less.

Any persons possessing a valid special state license properly issued pursuant to the provisions of N.J.S.A. 45:24-9 et seq. shall be exempt from obtaining the license issued by the municipality or paying the fee therefor. Prior to engaging in hawking, peddling or vending pursuant to such special state license within the Borough of Pine Hill, the person holding such special state license shall produce and exhibit same to the Borough Clerk and complete and sign a registration form providing all necessary information for the issuance of a municipal badge, whereupon the Borough Clerk shall issue a badge without charge. The person holding said special state license, however, shall be required to comply with all other applicable regulatory provisions of this section.

Nonprofit organizations.

Any nonprofit religious, charitable, educational, political, civic or veterans organization, society, association or club desiring to sell any item or merchandise for a religious, charitable, patriotic, educational, civic or philanthropic purpose shall be exempt from the fee provisions, provided that there is filed a sworn application in writing with the Borough Clerk or the Chief of Police, either by the individual so doing, if done on an individual basis, or by the one in charge thereof, if being done on a group basis by numerous individuals as agents or employees, who shall give the following information:

(a)

Name of the individual or organization and purpose of the cause for which the permit is sought.

(b)

Names and addresses of the individual officers and directors or trustees of the organization and the address of such organization.

Upon being satisfied that such person is a bona fide representative of such an organization or that such organization, as aforesaid, is bona fide, and that the agents or representatives who shall conduct the transactions are approved representatives, the Borough Clerk shall issue a permit without charge to such organization, association or corporation to operate in the Borough. Such organization shall supply its agents, representatives or employees with a badge or ribbon containing the name of such organization, which shall be worn and conspicuously displayed on the front of the clothing of such agent, representative or employee.

Any person who conducts a judicial sale under the state or national laws.

Residents of New Jersey who hold an exemption certificate as an exempt member of a volunteer fire department or volunteer fire engine, hook and ladder, hose, supply company or salvage corps, from any municipality or fire district of New Jersey.

Persons engaged in the sale of food, goods, wares or merchandise at governmental sponsored or approved events such as Pine Hill Day, provided said persons have been approved to participate by the appropriate official designated for such purpose.

§ 4-1.17 Severability.

If any of the provisions of this section or its application to any person or circumstances shall be held invalid, the remainder of the section or the application of the provisions to other persons or circumstances shall not be affected.

§ 4-1.18 Violations And Penalties.

Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding $500 or imprisonment for not more than 90 days, or both, in the discretion of a court of competent jurisdiction.

§ 4-1.19 Establishment of Do Not Knock Registry.

[Added 5-20-2019 by Ord. No. 2019-978]

The Borough hereby establishes a Do Not Knock Registry. The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant of same has notified the Borough Clerk that peddling, soliciting, canvasing, hawking and door-to-door sales as identified in this chapter are not permitted on the premises. Any property owner or occupant that wants to be included on the Do Not Knock Registry shall complete a form that will be available at the Borough Clerk's Office during normal business hours.

Do Not Knock Registry Display.

Any owner and/or occupant who has requested to be identified on the Do Not Knock Registry shall be provided a sticker from the Borough Clerk's Office for prominent posting or display at their premises indicating it is part of the Do Not Knock Registry and peddling or soliciting of any type is not permitted at the premises.

Owners and/or occupants who are identified on the Do Not Knock Registry at their request shall remain on the Registry until such time as written notice is provided to the Borough Clerk to remove their name from the Registry.

Distribution of Do Not Knock Registry. The Borough Clerk shall provide and distribute the current Do Not Knock Registry to any licensee under this chapter at the time of issuing a license for peddling, soliciting, canvasing, hawking or any other type door-to-door selling permitted pursuant to the provisions of this chapter. The Do Not Knock Registry provided to these licensees shall only identify the physical address of the premises/properties on the Do Not Knock Registry. The licensee shall not peddle, solicit, canvas, hawk or conduct door-to-door sales at these premises identified on this Registry.

Notwithstanding the right of revocation, reserved to the Borough governing body, and in addition to same, it shall be the duty of any police officer or enforcement official of the Borough to require any person peddling, soliciting, canvasing or hawking and who is not known by such officer to be duly licensed, to produce their peddlers license and/or to otherwise enforce any of the provisions of this chapter against any person found to be violating same.

§ 4-2 CHARITABLE SOLICITATIONS.

§ 4-2.1 Application For Permit.

Every person desiring to solicit subscriptions of money or anything of value in the Borough for charitable or benevolent purposes or enterprises shall first make application to the Borough Chief of Police for a permit to solicit such contributions.

§ 4-2.2 Investigation.

Upon filing with the Chief of Police of any such application for such a permit, it shall become the duty of the Borough Chief of Police or of a subordinate acting under the authority and direction of the Chief of Police, to make an investigation of the character, credit, reputation and substance of the person making the application.

§ 4-2.3 Issuance Of Permit.

If the Chief of Police is satisfied that the persons making such application are of good character and reputation, the Chief of Police shall forthwith issue to the applicant a permit to make such solicitations. Such permit shall include the name of the person making such application, the purpose for which such charitable or benevolent subscriptions are sought, and such permit shall also signify a date when the right to make such solicitations shall expire.

§ 4-3 (RESERVED) [1]

[1]

Editor's Note: Pursuant to Ordinance No. 334, former § 4-3, "Licensing of Businesses" is now codified as Chapter 4-A, Mercantile Licenses.

§ 4-4 LICENSING OF JUNK YARDS.

§ 4-4.1 Definitions.

As used in this section:

JUNK - Shall mean old or scrap copper, brass, rope, rags, batteries, paper, bottles, glass, cans, wood, trash, rubber, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or non-ferrous material.

AUTOMOBILE GRAVEYARD - Shall mean any establishment or place of business which is maintained, used, or operated, for storing, keeping, displaying, exchanging, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

JUNKYARD - Shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard.

§ 4-4.2 Application Of Section.

Recognizing the junkyards are prohibited in the Borough, this section shall apply to already existing junkyards that are nonconforming uses.

§ 4-4.3 License Required.

It shall be unlawful for any person to keep, maintain or operate a junkyard without obtaining a license therefor, in accordance with the provisions of this section.

§ 4-4.4 Issuance Of License.

The Borough Clerk shall as provided herein, on applications submitted in duplicate, issue a license or renewal of a license to any person to keep or operate a junkyard for the purpose of buying, selling, exchanging, displaying, storing or keeping any or all of the aforesaid articles. The Borough Clerk shall secure the approval of the Chief of Police before issuing any such license or renewal thereof. The Chief of Police shall give such approval unless the applicant has been a habitual violator of the terms of this section, or unless he has reason to believe that the issuance of such license will result in violations of Borough ordinances. Every person receiving such license or renewal thereof shall pay to the Borough an annual license fee of $250, if the land used shall be one acre or less in area, and $350 if such area is over one acre; provided that any such license may be revoked by the Chief of Police, for good cause shown on complaint after due notice thereof, and a hearing thereon. All such licenses shall expire on July 31 of each year.

§ 4-4.5 Location Of Junkyard.

Both the application for any license hereunder, and the license itself, shall contain a legal description of the land or premises on which any junkyard operation may be carried on. No license issued hereunder shall entitle such licensee to operate thereunder at, in, or on any other lot, building or location, in whole or in part, than that which is specified in the license; however, this section shall not be interpreted as authorization to extend, expand, or enlarge the already existing nonconforming or presently prohibited use.

§ 4-4.6 Pawning Articles Prohibited.

No licensee hereunder shall receive in the line of his business any article or thing by way of pledge or pawn, nor shall be advance any sum of money on the security of any such article or thing.

§ 4-4.7 Lost Or Stolen Articles.

Every licensee hereunder who shall receive or be in possession of any goods, articles or things which may have been lost or stolen, shall forthwith give information thereof in writing at the office of the Chief of Police and shall also state from whom the same was received, and shall forthwith, on demand to view the same, present the same to the Chief of Police or other police authorities of the Borough.

§ 4-4.8 Licensing Of Vehicles.

Every person licensed hereunder shall be entitled to keep one truck, cart, wagon, or vehicle for the purpose of collecting the articles above mentioned; provided that if the person so licensed as aforesaid desires to keep more than one truck, cart, wagon or vehicle, the licensee shall first apply to the Borough Clerk for such privilege; and shall pay the sum of $10 for each additional truck, wagon, cart or vehicle; provided also, that any licensee using any such wagon, cart, truck or vehicle or who shall authorize the same to be used, shall cause to be painted on the outside of such truck, cart, wagon, or vehicle the full name of the licensee and the address of the licensee's place of business, in plain letters which shall not be less than 2 1/2 inches in height. Such licensee shall also attach to one side of every such truck, cart, wagon or other vehicle a metal tag bearing the number of such license, which tag shall be furnished by the licensing authority.

§ 4-4.9 Exhibition Of Licenses.

Every person engaged in drawing or driving any cart, wagon, truck or vehicle for the purpose of collecting rags, old iron, brass, copper, tin, lead and other metals, and other junk as defined above, including old motor vehicles and other abandoned or nonusable vehicles, shall at all times carry with him when so engaged, the license issued for the cart, wagon, truck or vehicle, and shall exhibit the same on demand to any official or inspector of the Board of health or to any police officer of the Borough, and shall upon demand by any such person, exhibit the contents of the cart, wagon, truck or vehicle.

§ 4-4.10 Placement Of Junk.

No junk, as defined above, shall be kept on any sidewalk, or within the public right-of-way, in the Borough or in front of the place of business conducted by the licensee as a junkyard.

§ 4-4.11 Storage Of Bottles.

All bottles shall be washed immediately upon receipt of the same and shall be stored bottom-side up.

§ 4-4.12 Fences.

Any such junkyard which may be conducted on any lot in the Borough shall have the lot fenced in by a fence, which fence shall be at least seven feet high, but not more than 10 feet high, and shall be of such construction as shall keep within its bounds the contents of such lot or open space. Such fence as is prescribed by this subsection shall be erected not later than February 1, 1973, and shall be of uniform noncombustible construction. That portion of such fence which faces any public street or highway or is visible from any public street or highway or is visible from any public street or highway shall also be of solid rigid construction preventing a view of the interior of such junkyard. Existing cyclone fencing satisfying the height requirement may serve as a foundation for the attachment of a uniform material satisfying the requirement for a fence of solid uniform construction prohibiting a view of the interior.

§ 4-4.13 Height Of Junk.

Under no circumstances shall any of the contents of any junkyard be piled or stacked to a height in excess of the height of the fence specified in the foregoing section.

§ 4-4.14 Sanitary Conditions.

All such licensed premises shall be kept free of noxious odors and vermin, insects, and rats, and shall at all times be kept in such condition as shall not endanger the public health.

§ 4-4.15 Weeds And Vegetation.

No junkyard licensed hereunder shall be permitted to become overgrown with weeds or other wild vegetation.

§ 4-4.16 Hours Of Prohibited Operation.

No person operating or conducting any junkyard shall receive or purchase, as part of his business, any goods, articles or things from any person whatsoever, between the hours of 7:00 p.m. and 7:00 a.m.

§ 4-4.17 Record Of Purchases.

Every keeper of a junkyard shall provide and keep a book in which shall be written at the time of each purchase a reasonable description of the article so purchased, the name and address of the person from whom such purchase was made, the day of the purchase, and the consideration paid therefor; provided, that this subsection shall not apply to the purchase of old paper, old rags, old bottles or glass, or old newspapers. The aforesaid book shall, at all reasonable times, be open to inspection by any members of the Board of Health, Borough Councilmen, the Mayor, or the Borough police officers.

§ 4-5 LICENSING OF JITNEYS.

§ 4-5.1 Definitions.

As used in this section. "Jitney" or "autobus" shall mean any automobile, motor bus, jitney or motor vehicle engaged in the business of carrying passengers for hire over any of the streets in the Borough, the owner of which jitney or autobus hold the same out to the public as accepting or discharging passengers who offer themselves for transportation at points along the route on which it operates.

§ 4-5.2 Compliance With Regulations.

No person shall run or operate or cause to run or be operated any autobus or jitney carrying of passengers for hire within the Borough except under and in strict compliance with the conditions, requirements, rules and traffic and police regulations established or to be hereafter established by the Borough Council by resolution or ordinance duly passed at any regular meeting thereof.

§ 4-5.3 Revocation.

All licenses hereinafter provided for shall be issued subject to revocation by resolution of the Council at any time, for the violation of any of this section or any of the rules or traffic or police regulations aforesaid, such traffic and police rules and regulations shall provide for and include the manner in which all jitneys or autobuses shall be operated within the Borough and the prices and fares to be charged to passengers for transportation, together with such other rules, conditions and regulations as the Council shall establish and provide.

§ 4-5.4 Issuance Of License: Fee.

All applicants for a license to operate an autobus or jitney to be used or operated for the transportation of passengers for hire within the Borough shall be the owner thereof, and a bona fide resident of either the Borough or the adjoining Borough of Clementon. Each applicant shall pay to the Borough Clerk annually the sum of $20 for each vehicle so licensed. Licenses for autobuses or jitneys shall at all times be limited to 15 vehicles, so that at no time shall the licenses in force exceed those issued for 15 vehicles. Upon receipt of such fee the Borough Clerk shall issue a license card for the vehicle to each applicant; provided, that no license shall be issued to any applicant whose license was previously revoked by appropriate action of the Council, without the express resolution of the Council authorizing the issuance of such license. Before the owner or operator of any autobus or jitney secures from the Borough Clerk such license as herein provided, he shall first apply by petition to the highway committee of the Borough showing that he is duly qualified to operate the vehicle as an autobus or jitney, and upon receiving the written consent of such committee, shall thereafter apply to the Borough Clerk for such license, but the Borough shall not issue the license without the written consent of the highway committee. All licenses shall terminate annually on December 31. Each license issued for the previous year may be renewed upon proper application and proof of the requirements of this section to the Borough Clerk. No licensee may receive a license for more jitneys or autobuses than were licensed in the previous year without making an application to the Mayor and Council. The license fees herein provided are imposed for revenue.

§ 4-5.5 License Required.

No person shall propel, drive or cause to be propelled or driven within the Borough, any autobus or jitney used for the conveyance or transportation of persons for hire without first obtaining a license as provided herein for the purpose from the Borough Clerk for each vehicle so engaged or used. All licenses issued hereunder shall be subject to revocation as hereinabove provided and shall be prepared and numbered annually by the Borough Clerk from No. 1 consecutively, and shall be designated by the numbers; and the driver of such vehicle shall at all times carry such license upon his person or conspicuously display it in his autobus or jitney and may be required to display the license for inspection by any constable or other official of the Borough together with his driver's license issued by the state director of motor vehicles.

§ 4-5.6 Statement Of Owner To Clerk.

Every owner of any autobus or jitney either resident in the Borough or elsewhere who propels such vehicle within the Borough for the purpose of conveying passengers for hire, shall annually file with the Borough Clerk a statement in writing containing the name and address of the owner thereof together with a brief description of such vehicle including the state license number and seating capacity thereof and shall also pay annually to the Borough Clerk the license fee before proceeding to drive the autobus or jitney within the Borough. Upon the payment of the license fee, the Borough Clerk, shall, subject to this section, issue a license for any vehicle so registered in accordance with Subsection 4-5.4. The license shall be subject to revocation for any violation of any of the terms or provisions of this section or of the rules of police or traffic regulations established by the Borough Council. The Borough Clerk shall cause the name of each owner so applying together with his address and a description of the vehicle so licensed, to be entered in a book to be kept for that purpose. Of the fees hereinabove imposed the Borough Clerk shall receive the sum of $2 for his service in issuing every license under this section and making a record thereof in accordance with the terms and requirements herein above set forth.

§ 4-5.7 Insurance.

The owners of all autobuses and jitneys before being permitted to operate within the Borough shall have issued to them by some reputable company, public liability insurance to the amount of $100,000 for more than one person injured and $300,000 for more than one person injured in any one accident and shall in addition carry insurance covering property damage to the property to others in the amount of $5,000. All of such insurance shall be maintained continuously during the period of the license. Failure to maintain both kinds of the aforesaid insurance at any time during the licensing period shall be deemed sufficient cause for the revocation of the license.

§ 4-5.8 Inspection Of Vehicle.

The owner of every autobus or jitney operating within the Borough shall submit the vehicle to an inspection at least twice during each year by an inspector designated and appointed by the highway committee; such owner shall have repaired or corrected any defects, mechanical or otherwise as specified and required by the inspector, and the autobus or jitney shall not be thereafter operated after notice of such defect, mechanical or otherwise, until the repairs are completed to the satisfaction of the inspector.

§ 4-5.9 Cab Stand.

For the purpose of establishing a point at which passengers may convene and cabs may be dispatched for the mutual convenience of both passengers and cab operators, a cab stand is hereby established on the East side of Erial Road, beginning at a point 125 feet South of the Southeasterly intersection of Erial Road with Branch Avenue and proceeding thence for a distance of 50 feet.

§ 4-5.10 Compliance With State Law.

Nothing herein contained shall exempt any person owning, operating any autobus or jitney from complying with all existing statutes covering the ownership, registration and operation of automobiles or motor vehicles in this state.

§ 4-6 LICENSING OF AMUSEMENT GAMES. [1]

[1]

Editor's Note: See also Land Use Regulations, in Article XI, separate volume for licensing pertaining to sexually oriented businesses.

§ 4-6.1 License Required.

It shall be unlawful for any person, firm or corporation to operate or own any amusement game or games as said terms are defined by the Amusement Games Licensing Law, whether said game or games are of skill or chance or both and whether said game or games are played and operated with or without numbers or figures, without first having obtained a license from the Mayor and Council of the Borough. Said license shall be issued pursuant to and subject to the provisions of the Amusement Games Licensing Law.

§ 4-6.2 License Application.

Each applicant for a license shall file with the municipal Clerk and the Police Chief a written application in such form as prescribed by and in accordance with the Amusement Games Licensing Law. Each application for license shall be submitted in duplicate form prescribed by the Commissioner of amusement games control.

§ 4-6.3 Fee Schedule.

The fee schedule for the license of Certificate #2 games to be issued hereunder shall be $250 for the first 12 game machines; $20 for each of the next 13 game machines and $10 for each of the next 25 game machines.

§ 4-6.4 License Required For Each Game.

A license must be obtained for the operation of each amusement game.

§ 4-6.5 Borough Right To License Games And Set Fees.

The Borough expressly reserves the right to license amusement games other than the ones described herein and to establish fees therefor for use in the area designated in accordance with the requirements set forth in this section. The games hereinafter licensed shall be incorporated herein by reference thereto.

§ 4-6.6 Borough Authority.

The Mayor and Council of the Borough shall have and exercise control and supervision over all amusement games held or operated conducted under a Borough license with all the powers authorized or granted to the New Jersey Amusement Games Control Commissioner.

§ 4-6.7 Issuance Of License.

No license shall be issued except to persons of good moral character approved by the Mayor and Council.

§ 4-6.8 Number Of Licenses Issued For Each Location.

Subject to the provisions of the Amusement Games Licensing Law of New Jersey, one license may be issued for each location where amusement games or devices are to be employed.

§ 4-6.9 Fingerprinting And Identification Cards.

Each applicant shall pay a fee of $5 for fingerprinting and issuance of identification cards when required under rules and regulations promulgated by the Amusement Games Control Commissioner for each licensee and employee of said licensee.

§ 4-6.10 Amusement Games To Be Kept In View Of Patrons.

The amusement games and devices shall be kept and placed in plain view of any person or persons who may frequent and be in any place or place of business where such devices or games are used and licensed.

§ 4-6.11 Gambling Devices Prohibited.

Nothing in this section shall be construed to authorize or license any gambling device or game not specifically permitted by the laws of New Jersey.

§ 4-6.12 Windows And Doors Not To Be Obstructed.

No windows, doors or other openings in buildings where such devices or games are located shall be in any way obstructed so as to limit the view of the games or devices from outside the building.

§ 4-6.13 Inspections.

The Chief of Police of the Borough may inspect or cause to be inspected any place or building in which amusement games or devices are operating.

§ 4-6.14 Gambling On Premises Prohibited.

No gambling between participants in any amusement games or the users of any amusement devices shall be permitted at any time.

§ 4-6.15 Revocation Of License.

In the event that any licensee shall violate any of the provisions of this section or the Amusement Games Licensing Law or the rules and regulations promulgated by the Commissioner or the terms of such license, in addition to suffering any of the penalties which may be imposed, said licensee shall forfeit any license issued to said licensee under this section.

§ 4-6.16 Violations: Penalty.

Any person, firm or corporation, violating any of the provisions of this section shall be subject by the municipal court to a penalty not to exceed $500 or imprisonment not to exceed 90 days, or both, and the same shall be in addition to the powers of suspension or revocation of any such license as provided for herein by the governing body.

§ 4-6.17 Locations.

No amusement/entertainment game or games, whether of skill or chance or both or whether played or operated with or without numbers or figures, are permitted within a range of 1,000 feet of the boundaries of any church or school properties within the Borough of Pine Hill.

At any location within the Borough, no more than three machines may be operated under the mercantile license unless said location receives approval authorization of the Planning Board and pays the requisite $50 fee for each machine exceeding the limit of three.

Any person, firm or corporation, violating the above provision shall be subject to penalties set forth in Subsection 4-6.16.

§ 4-7 PARKING TAX ON COMMERCIAL FACILITIES.

§ 4-7.1 Established.

All commercial enterprises, situated in the Borough of Pine Hill with 300 or more parking spaces, shall collect on behalf of the Borough a parking tax of $0.10 per vehicle per day that utilize the parking premises of the commercial facility.

§ 4-7.2 Collection.

The parking tax shall be collected on behalf of the Borough by the commercial entity providing the parking services to the customer.

§ 4-7.3 Liability Of Commercial Enterprise For Tax.

The commercial entity required to collect any tax imposed by the section shall be liable for the tax imposed, collected or required to be collected hereunder.

§ 4-7.4 Remittance.

No commercial enterprise required to collect the parking tax hereunder shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the tax is not considered as an element in the charge payable by the customer, that the customer will pay the tax, that the tax will not be separately charged and stated to the customer or that the tax will be refunded to the customer.

All taxes collected pursuant to this section shall be remitted to the chief fiscal officer of the Borough and shall be reported on the forms prescribed by the director of finance and paid at such times as prescribed by the director of finance.

§ 4-7.5 Effective Date.

This section shall take effect subsequent to final passage and publication on January 1, 1985.

§ 4-8 MASS GATHERINGS FOR PUBLIC ENTERTAINMENT.

§ 4-8.1 Definitions.

The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise.

APPROVAL

Shall mean approval to conduct or to promote a mass gathering as defined in this Ordinance and these rules and regulations shall mean the obtaining of a valid written permit issued by the Borough Council.

MASS GATHERING

Shall mean a mass gathering of 200 or more people.

PERSON

Shall mean individuals, groups of persons, corporations, companies, partnerships, associations, societies, firms, governmental unit or agency of state of local government of any combination thereof.

§ 4-8.2 Administration.

Any person desiring to conduct or promote, by advertising or otherwise, a mass gathering shall file with the Borough Clerk a written application for a permit at least 90 days before the first day of the mass gathering.

All applications shall be in such form as prescribed by the Council and shall be accompanied by the required filing fee, which shall be $500. The fee may be waived by the Borough Council for nonprofit service organizations.

The application shall include the following information:

The applicant's full name, residence, telephone number and post office address, and whether such applicant is an individual, partnership, firm, corporation or a governmental unit or agency thereof. With the exception of a governmental unit or agency of the state or local government, all applicants shall submit a financial statement with their application;

A diagrammatic sketch plan of the proposed site of the mass gathering showing the locations and dimensions of the proposed service roads, potable water facilities, sanitary facilities, sewage disposal facilities, medical service facilities, distribution of security personnel, and provisions for food storage, as well as camping facilities and projected plans for enclosure, if necessary of the proposed site;

The application shall require a statement by the superintendent of public works that reasonable access to public highways is available;

A statement of the purposes of the gathering and a program of events scheduled;

A statement granting the permission of the owner of the property on which the gathering is to take place. If the premises are not owned by the applicant, then the names of the leasor or licensor and a copy of the lease or license shall be attached;

A statement of the number of persons expected to attend such event and the duration of such attendance;

The specific details, including certified copies of contracts entered into of provisions relating to;

(a)

Food and drink.

(b)

Sanitary facilities.

(c)

Transportation and parking facilities.

(d)

Security and protection of surrounding areas, including specific reference to the number of guards or special police assisting in the control of traffic and supervision of those attending. The contract should indicate the number of security guards in shifts to cover the event from a period of three days prior to the event until the area is cleaned and evacuated after the event;

(e)

On-site medical and hospital care;

(f)

Janitorial services and post gathering trash removal. A contract indicating the number of janitorial and clean-up personnel in shifts to cover the area prior to the event, during the event and until the area is evacuated;

(g)

Outline of the action to be taken to insure the clean-up and restoration of the area at which such event takes place within 48 hours after the close of the event.

(h)

A plan for fire protection and prevention approved by the Borough of Pine Hill Fire Chief.

A statement containing the names of licensed ticket printers to be used and the plans for assuring the return of monies upon the termination or cancellation of the event as well as the means of notifying potential and existing ticket holders of such cancellation;

Examples of proposed advertising of the event, if any;

10.

A certified copy of the bond or verified evidence of other suitable financial arrangements, as hereinafter required, must be attached to the application to include clean-up and restoration of the area at which such event takes place within 48 hours after the close of the event. The amount of the bond shall be determined by the Borough Engineer;

11.

A policy covering liability, personal property and bodily damage.

Designated representatives of the Council shall be permitted to inspect at any time the site of the mass gathering for the purpose of investigating an application and for the purpose of insuring compliance with the provisions of this section.

§ 4-8.3 Applicability Of N.J.A.C. § 8:10-1.1 et seq.

The provisions of the New Jersey Administrative code, § 8:10-1.1 et seq. are specifically incorporated herein; provided, however, that where the provisions herein shall apply.

§ 4-8.4 Vendors' Permits.

During the occurrence of a mass gathering, the Borough Clerk may authorize the issuance of up to 18 permits for vendors. Any persons interested in acquiring a vendor's permit shall apply to the Borough Clerk not earlier than 90 days or later than 45 days prior to the date of the mass gathering. There shall be two classes of permits as follows:

Unrestricted. There shall be 12 unrestricted permits available for commercial enterprises, the licensing fee shall be $50 per day or part thereof.

Restricted. There shall be six restricted permits available for nonprofit service organizations. There shall be no licensing fee to the servicing organizations.

§ 4-8.5 License Restrictions.

For purposes of this section the license shall accrue only to the benefit of the person named in the application. No license holder may employ any agent, employees, or other help of any nature whatsoever, on either a permanent or part-time basis.

§ 4-8.6 Penalties.

Failure to comply with any of the provisions of this section shall be punishable by a fine of up to $500 or imprisonment in the Camden County Jail for up to six months, or both. Each day or part thereof on which the violation continues shall be deemed a separate offense.

§ 4-9 TATTOOING, BODY PIERCING OR BODY BRANDING.

§ 4-9.1 Definitions.

BODY BRANDING

Shall mean placing a mark or design on the skin with a hot iron.

BODY PIERCING

Shall mean piercing the skin for the express intention of insertion of any object, including but not limited to jewelry: provided, however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this section.

CERTIFICATE OF INSPECTION

Shall mean written approval from the county health officer or his authorized representative that said tattooing, body piercing, and/or body branding establishment has been inspected and meets all of the terms of this section.

CERTIFICATE OF REGISTRATION

Shall mean the certificate held by an operator upon registration with Camden County Health Department by meeting the required provisions of this section.

COUNTY HEALTH OFFICER

Shall mean the Camden County Public Health Coordinator or his authorized representative of Camden County Department of Health and Human Services.

ESTABLISHMENT

Shall mean the premises wherein tattooing, body piercing or body branding is performed.

OPERATOR

Shall mean any individual, firm, company, corporation or association that owns or operates an establishment where tattooing, body piercing and/or body branding is performed and any individual who performs or practices the above on the person of another.

TATTOO, TATTOOED OR TATTOOING

Shall mean and refer to any method of placing designs, letters, scrolls, figures, symbols or any marks under the skin with ink dye or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to puncture the skin.

§ 4-9.2 Requirements Of Business Licensing and Operator Registration.

It shall be unlawful for any person to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Borough of Pine Hill to engage in such business in accordance with the provisions hereof. Also, it shall be unlawful for any operator to engage in the practice of tattooing or body piercing without first obtaining a certificate of registration from the Camden County Health Department.

Persons applying shall submit to the Camden County Health Department, a medical certificate issued by a physician duly licensed to practice medicine and surgery in the State of New Jersey, stating that the prospective licensee or registrant is free from all contagious or communicable diseases or conditions which may endanger the health of the client.

An application for an initial license shall be accompanied by a fee in the amount of $50. Any change of ownership shall require a new application and license with payment of fees therefor. An applicant shall submit a floor plan of the establishment to the Camden County Health Officer prior to initiation or construction and shall receive a pre-opening inspection. All establishments shall be subject to periodic compliance and/or annual inspection. Every operator shall be registered with the Camden County Health Department and shall acquire a certificate of registration upon payment of a fee prior to business operation or practice. Fees for a plan review, inspections, and operator registration shall be established by the Camden County Board of Chosen Freeholders.

Any person, firm or corporation desiring to engage, or presently engaged, in the tattooing or body piercing business shall first apply to the Clerk of the Borough of Pine Hill, in writing, on forms supplied by the Clerk of this municipality, for said purpose. The application shall be accompanied by the license fee and shall set forth the following:

Name and address of the applicant.

Local and permanent addresses and telephone number of the applicant.

Name, local address and telephone number of the manager of the business if different from applicant.

If the applicant is a corporation, the name and address of its registered agent.

Federal Employer Identification Number if applicant is a corporation, partnership or firm; Social Security Number if applicant is a sole proprietorship.

Certificate of inspection and certificate of operator registration issued by the Camden County Health Department as parts of the application documents.

The annual license fee for engaging in the business of operating a tattooing and/or body piercing establishment within the Borough of Pine Hill, shall be $50 per year. All licenses shall expire on the last day of each calendar year. If a renovation of the tattooing or body piercing establishment is anticipated after the acquisition of the annual license, plans must be submitted to the Camden County Health Department and the applicant will be required to comply with the provisions of this section. The license expiration date for renewal shall be December 31, 1998.

Each tattooing and body piercing business license issued by the Clerk of the Borough of Pine Hill shall contain a license number and no such license shall be transferable.

Nothing in the foregoing shall be construed so as to affect the practice of medicine and surgery or any other recognized profession or occupation by a person duly licensed by the State of New Jersey to engage in such practice, profession or occupation and whose license would lawfully authorize the tattooing or body piercing.

§ 4-9.3 General Provisions.

It shall be a violation of this section for anyone or any tattooing or body piercing business to tattoo or pierce the body of an individual under 18 years of age without written authorization signed by the parent or legal guardian as witnessed by the operator. The operator shall be responsible for maintaining the original consent form for a period of two years beyond the recipient's 18th birthday.

If the applicant is suspected to be under the influence of alcohol, drugs or any other behavior modifying substance, the operator must refuse the applicant.

Inquiry shall be made for anyone with a history of recent jaundice. Hepatitis B or HIV/AIDS and the person shall not be tattooed or body pierced.

Each person wishing to be tattooed or pierced must fill out an application which will include the name, date of birth, address and telephone number of the client as well as the design and location(s) of the tattoo(s) or body piercing(s). The operator shall verify applicable information from a valid photo ID of the applicant and so noted on the application. All records regarding tattooing or body piercing are to be maintained for a minimum of two years.

No person or operator shall state or imply, in any advertisement, that the tattooing or body piercing establishment is endorsed or approved by the Camden County Health Department in compliance with terms of this ordinance.

No piercing of the tongue nor any part of the genitalia shall be permitted.

The practice of body branding shall not be permitted within this municipal jurisdiction.

§ 4-9.4 Sanitary Requirements Of Facility.

No person, partnership, firm nor corporation engaged in the tattooing or body piercing business shall be issued a municipal mercantile license to engage in such activity unless the premises at which such activity is to be conducted and the equipment to be utilized in conjunction therewith meet the following standards and inspected/approved by the Camden County Health Department.

Each tattooing and/or body piercing facility shall have a bathroom accessible to the client and staff. Each bathroom shall be equipped with a commode and a sink with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand drying devices shall be available at the sink at all times. Common towels are prohibited. In addition to the above, each tattooing or body piercing cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be provided with soap and appropriate hand drying devices.

The chair, seat or exam table reserved for the person receiving the tattooing or body piercing shall be of material that is smooth and easily clearable and constructed of a material that is non-absorbent. Any surfaces of the chair, seat or exam table that become exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.

The work table or counter used by the operator shall be smooth and easily clearable and constructed of material that is non-absorbent. There shall be a covered junction between the table/counter and the wall if the table/counter is to be placed against the wall. This table/counter must be cleaned and sanitized or use single-use disposable sheets, utilizing a method approved by the Camden County Health Department, between customers.

The walls in the tattooing or body piercing area shall be smooth and easily clearable and constructed of non-absorbent materials. Floors shall be kept clean.

Lighting within the tattooing or body piercing area shall be adequate so as to provide a minimum of 100-footcandles in all areas.

The work area reserved for the tattooing or body piercing shall be not less than 100 square feet and shall be separated from other areas of the establishment by walls or durable partitions extending at least six feet in height.

Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized using a method approved by the Camden County Health Department.

Products used in the cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner. Smaller working containers filled on-site from larger containers must be clearly marked with the name of the product.

Proper waste receptacles shall be provided and waste disposed of at appropriate intervals.

§ 4-9.5 Requirements Of Tattooing And Body Piercing Practices.

Tattooing or Body Piercing Operators.

All operators while performing services shall neither be under the influence of alcohol or drug, nor be infected with Hepatitis B, HIV/AIDS, contagious dermatitis or any other communicable disease.

Hepatitis B pre-exposure vaccination or proof of immunity is required for all operators. If a person cannot obtain the vaccination for medical reasons, he/she shall submit to the Camden County Health Department a letter from his/her physician certifying that the individual does not have Hepatitis B and vaccination is contraindicated. This certification shall be annually renewed. Any accidental needle stick injury shall be immediately reported to the Camden County Health Department.

All tattooing or body piercing operators shall attend a training program sponsored by the Camden County Health Department.

Before working on each patron, each operator shall scrub and thoroughly wash his/her hands with hot water and antiseptic soap. The hands shall be dried with individual, single use towels. Fingernails shall be kept clean and short.

Disposable vinyl or latex gloves shall be worn by the operator during tattooing or body piercing preparation and application to prevent contact with blood or body fluids. Universal precautions as described by the U.S. Center for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with waste disposal provisions of this ordinance after contact with each patron. Hands shall be washed immediately.

Immediately after tattooing or piercing a patron, the operator shall advise the patron on the care of the site tattooed or pierced and shall instruct the patron to consult a physician at the first sign of infection. Printed instructions regarding these points shall be given to each patron by the operator.

All infections resulting from the practice of tattooing or body piercing which becomes known to the operator shall be promptly reported to the county health officer by the person owning or operating the body piercing establishment or by the operator.

Skin Preparation.

Tattooing or body piercing shall be done only on normal healthy skin surface that is free of cuts, wounds, rashes, boils, pimples, moles or infection, or manifests any evidence of unhealthy conditions.

Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to the waste disposal procedure of this section after each use and a new blade used for each patron.

Following shaving, the tattooing area shall be thoroughly cleansed and scrubbed with tincture of green soap or its equivalent and warm water. Before placing the tattoo design or body piercing on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry. A single use sponge shall be used to scrub the area.

Only petroleum jelly (U.S.P. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.

Design stencils shall be thoroughly cleansed and rinsed in an approved germicidal solution for at least 20 minutes or disposed of following each use.

Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials are preferred. Pre-mixed dyes shall be used without adulteration of the manufacturer's original formula. It shall be the responsibility of the operator to provide certification to the Camden County Health Department of the non-toxicity of the dyes or inks at the time of license application and renewal.

No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or tattoo.

Ear piercing guns may not be used for body piercing, but may only be used for piercing of the ear lobes.

Needles, instruments and supplies.

All clean and ready to use needles, gloves, gauze and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times.

Single service sterilized needles shall be used.

If needles and needle bars are to be reused, these items shall be steam sterilized (autoclave) before reuse on any customer. Any other method of sterilization shall be approved by the county health officer.

The sterilizer shall be well maintained with a tight-fitting gasket and a clean interior.

The manufacturer's operating instructions and the sterilization specification shall be at hand. The operation of the sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of the sterilization cycle.

Proper functioning of the sterilization cycles shall be verified.

Each item to be sterilized shall be individually wrapped using a chemical indicator or strip to verify steam exposure.

Any needle that penetrates the skin of the operator shall be immediately disposed of in accordance with the waste disposal procedure of this section.

If the primary source of sterilization malfunctions, the county health officer shall be notified within 24 hours. In an emergency situation, the Camden County health officer may approve alternate sterilization techniques.

Disposal of Wastes.

Needles shall not be bent or broken prior to disposal. Operators shall take precautions to prevent puncture injuries from contaminated needles. Needles shall be disposed of directly into a solid puncture resistant container.

These medical wastes shall be disposed of by an authorized contractor as per the New Jersey Department of Environmental Protection's regulation.

If blood contaminated gloves, gauze and other materials are sterilized by autoclaving, these wastes can be placed for off-site waste collection.

§ 4-9.6 Imminent Closure.

When it appears to the county health officer that the operation of the tattooing or body piercing establishment poses an immediate and imminent threat to the public health and safety such that irreparable harm will occur if the tattooing or body piercing establishment is not immediately closed, the county health officer shall have the power to order the immediate closure of the tattooing or body piercing establishment until such time that the violations complained of have been corrected.

§ 4-9.7 Penalty Provisions.

Any person, partnership, firm or corporation who violates any provision of this section shall be subject to a fine of not less than $250 nor more than $1,000 for each violation of this section or imprisonment in the county jail up to 90 days, or both. Each day that the violation exists is considered to be a separate offense.

Reasonable counsel fees incurred by the Camden County Health Department in the enforcement of this section shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.

In addition to being subject to the penalties provided herein, any license or certificate of registration issued under this section may be revoked or suspended for any intentional misstatement in any application or for any violation of this section. No license shall be revoked or suspended until the licensee has been afforded a hearing. Notice of the filing of a complaint which seeks to suspend or revoke any license or certificate of registration issued under this section shall be served on the defendant personally or on the person designated to receive service of this section. This notice will establish a date for a hearing to be held not more than 10 days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any license or certificate of registration be revoked or suspended, no part of the license or registration fee shall be returned.

§ 4-10 FIREWORKS DISPLAY.

§ 4-10.1 Permit Required.

Any private person or entity desiring to put on a fireworks display shall make application to do so to the Borough Clerk, who will issue a permit to do so upon the following conditions being met;

Payment of a nonrefundable permit fee of $50

Compliance with state laws and regulations.

Payment of funds to be held in escrow account with the Borough Clerk of a sum to cover all costs of municipal and/or fire district employees necessary for the exhibition to comply with state law and regulations. The balance of any escrow funds will be reimbursed to the applicant upon payment of all bills and approval of the fire official following the event.

§ 4-10.2 Violations and Penalties.

[Added 12-18-2023 by Ord. No. 2023-1038]

Any person who violates this section of this Chapter of the Code of the Borough of Pine Hill shall be subject to a fine of not more than $2,000 or imprisonment for not more than 90 days, or both at the discretion of the Municipal Court Judge. Each day in which a violation occurs shall be considered a separate offense.

§ 4-11 RAFFLE AND BINGO LICENSING.

The municipal Clerk is hereby delegated the authority to act as the "issuing authority" to approve the granting of raffle and bingo licenses.

§ 4-12 PUBLIC AUCTIONS.

§ 4-12.1 Compliance Required; Definition.

No person or entity shall conduct a public auction within the Borough of Pine Hill without first complying with this section. Public auction for the purposes of this section shall mean the sale of anything to the general public by means of bidding and shall not include any sales by a governmental entity or a bona fide charity, nor will it include any sale which does not require the physical presence of a buyer or buyer's agent or representative.

§ 4-12.2 Application for Permit.

Anyone desiring to conduct a public auction in the Borough of Pine Hill shall make application to the Borough Clerk and provide the following information:

The name and address of the applicant.

The date and location of the proposed auction.

The name and address of the auctioneer.

The items to be auctioned.

The anticipated attendance count and the plan for crowd and traffic control.

§ 4-12.3 Review of Application; Issuance of Permit.

The Clerk shall have the application reviewed by the Chief of Police for approval and if approved shall issue a permit for the auction.

§ 4-12.4 Permit Fee.

The fee for an auction permit shall be $750 payable at the time of its issuance.

§ 4-12.5 Duration of Permit; Regulations.

Any permit issued pursuant to this section will be valid for only the scheduled auction. In the event that the auction is continued for reasons beyond the control of the permit holder, the permit will be valid for the continued date.

The permit holder shall, when conducting the auction, keep books in which shall be described and inventoried in a clear and legible manner all items sold, the name and address of the buyer and the consideration paid, said books to be open to inspection to the Borough's Police Department at all times.

Any permit holder shall be permitted a period of 60 days prior to the auction date to store items and prepare the auction site and shall be permitted a period of 30 days after the auction date to remove all items related to the auction from the auction site.

It shall be unlawful for the holder of any permit issued hereunder to engage in any fraudulent, false and/or misleading conduct so as to deprive any bidder or prospective bidder of a fair bid process.

§ 4-13 CHARITABLE CLOTHING BINS. [1]

[1]

Editor's Note: Prior ordinance history Ord. No. 2008-829.

§ 4-13.1 Purpose.

[Ord. No. 2017-957]

The purpose of this section is to implement the provisions of N.J.S.A. 40:48-2.60 et seq. to establish guidelines for the location and use of charitable clothing bins throughout the Borough of Pine Hill.

§ 4-13.2 Definitions.

[Ord. No. 2017-957]

CLOTHING DONATION BIN

Shall mean any enclosed receptacle or container made of metal, steel or any other material, or similar pattern or design, which are intended for the donation and/or temporary storage of clothing or other similar type materials.

SOLICITATION/SOLICIT

Shall mean for purposes of this section, the request, directly or indirectly, for money, credit, property, financial assistance or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or other similar devices for the collection of money or other thing of value. The solicitation shall take place whether or not the person making the solicitation receives any contribution.

§ 4-13.3 Requirements.

[Ord. No. 2017-957]

Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a donation clothing bin within the Borough of Pine Hill, for solicitation purposes, without obtaining a permit from the Municipal Clerk. Permits shall be renewable on an annual basis during the month of January.

§ 4-13.4 Permit Fee.

[Ord. No. 2017-957]

The annual permit fee is $25 per bin and will be used to offset the cost involved in enforcing this section.

§ 4-13.5 Application Requirements.

[Ord. No. 2017-957]

The application for obtaining a permit shall include:

The locations where the bin will be situated as precisely as possible.

The manner in which the applicant anticipates any clothing or other donations collected via the bin will be used, sold or disbursed and the method by which the proceeds of collected donations will be allocated or spent.

The name and telephone number of the bona fide office of any person or entity which may share or profit from any clothing or other donations collected via the bin and where such person can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office.

Written consent from the property owner to place the bin on his/her property.

§ 4-13.6 Renewal Application Requirements.

[Ord. No. 2017-957]

In addition to the above application requirements, renewal applications must include:

A statement of the manner in which the applicant used, sold or disbursed any clothing or other donation collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the applicant anticipates it may make in these processes during the period covered by the renewal.

The name and telephone number of the bona fide office of any entity which shared or profited from any clothing or other donations collected via the bin, and any of the entities which may do so during the period covered by the renewal.

If the location of the bin is to be moved, a precise description of the new location where the bin is to be situated as precisely as possible, and written consent from the property owner of the new location.

§ 4-13.7 Placement of Bins.

[Ord. No. 2017-957]

No application for a permit to place, use, or employ a donation clothing bin shall be granted if it is determined that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amount of, or sells, fuel or other flammable liquids or gases; or the placement of a bin where it interferes with vehicular or pedestrian circulation. Any person placing, using or employing a donation bin shall maintain the bin in the area surrounding the bin so that there is no accumulation of clothing or other donations outside the bin. No donation clothing bin shall be permitted to be placed or operated on residential, vacant and/or otherwise undeveloped property.

§ 4-13.8 Display of Permit Information.

[Ord. No. 2017-957]

The following information shall be clearly and conspicuously displayed on the exterior of the donation clothing bin.

The permit number and its date of expiration.

The name and address of the registered person who owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin.

The telephone number of the owner's bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin. For purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office.

In cases where any entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating the clothing or other donations collected via the bin, their proceeds, or both, may be shared or given entirely to, an entity other than the person who owns the bin, and identifying all such entities which may share or profit from such donations.

A statement consistent with the information provided to the Borough in the most recent permit or renewal application, indicating the manner in which the owner anticipates any clothing or other donations collected via the bin will be used, sold, or disbursed, and the method by which the proceeds of collected donations will be allocated or spent.

§ 4-13.9 Complaints/Investigations/Violations.

[Ord. No. 2017-957]

The Borough Construction Code Official, or authorized designee, shall be the person to receive and investigate within 30 days, any complaints from the public about the bin. Whenever it appears to the Construction Official, or authorized designee, that a person has engaged in, or is engaging in any act or practice in violation of this section, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.

In the event that the person who placed the donation clothing bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Borough may take the following action:

The bin may be seized or removed at the expense of the person who placed the bin, and the Borough shall be permitted to sell at public auction or otherwise dispose of the bin or any of its contents collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the Borough.

The permit issued to the person who placed the bin in accordance with the provisions of this section shall be revoked.

§ 4-13.10 Additional Penalties.

[Ord. No. 2017-957]

In addition to any other penalty or remedies authorized by the laws of the State of New Jersey, any person who violates any provision of this section or the provisions of N.J.S.A. 40:48-2.60 et seq. which results in the seizure of the charitable donation bin shall be:

Subject to a penalty up to $20,000 for each violation, the Borough may bring this action in the Borough Municipal Court or the Superior Court of New Jersey as a summary proceeding under the "Penalty Enforcement Law of 1999" P.L. 1999, c. 274 (C. 2A:58-10 et seq.) and any penalty monies collected shall be paid to the Borough Chief Financial Officer.

Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to this section and P.L. 2007, c.209 (N.J.S.A. 40:48-2.61). A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of this section or P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the Borough Council to have that person's eligibility restored. The Borough Council may restore the eligibility of a person who:

Acts within the public interest; and

Demonstrates that he/she made a good faith effort to comply with the provisions of this chapter, P.L. 2007, and all other applicable laws and regulations, or had no fraudulent intentions.